103D CONGRESS

2D SESSION S. 1980

AN ACT

To establish the Cane River Creole National Hispurposes. age Area in the State of Louisiana, and for other torical Park and the Cane River National Herit-
103D CONGRESS

2D SESSION S. 1980

AN ACT

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’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) the Natchitoches area along Cane River, es4 tablished in 1714, is the oldest permanent settle5 ment in the Louisiana Purchase territory;

6 (2) the Cane River area is the locale of the de7 velopment of Creole culture, from French-Spanish

8 interactions of the early 18th century to today’s liv9 ing communities;

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

11 the Red River, provided the focal point for early set12 tlement, serving as a transportation route upon

13 which commerce and communication reached all

14 parts of the colony;

15 (4) although a number of Creole structures,

16 sites, and landscapes exist in Louisiana and else17 where, unlike the Cane River area, most are isolated

18 examples, and lack original outbuilding complexes or

19 integrity;

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

21 of historical features with original elements in both

22 rural and urban settings and a cultural landscape

23 that represents various aspects of Creole culture,

24 providing the base for a holistic approach to under25 standing the broad continuum of history within the

26 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 80,001A, dated May 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 from 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 Any funds donated to the Secretary pursuant to this sub20 section may be expended without further appropriation.

21 (c) INTERPRETIVE CENTER.—The Secretary is au22 thorized to construct, operate, and maintain an interpre23 tive center on lands identified by the Secretary pursuant

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

25 for the general information and orientation needs of the

26 historical park and the heritage area. The Secretary shall
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1 consult with the State of Louisiana, the City of

2 Natchitoches, the Association for the Preservation of His3 toric Natchitoches, and the Cane River National Heritage

4 Area Commission pursuant to section 202 of this Act in

5 the planning and development of the interpretive center.

6 (d) COOPERATIVE AGREEMENTS AND TECHNICAL

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

8 the Cane River National Heritage Area Commission estab9 lished pursuant to section 202 of this Act, is authorized

10 to enter into cooperative agreements with owners of prop11 erties within the heritage area and owners of properties

12 within the historical park that provide important edu13 cational and interpretive opportunities relating to the her14 itage of the Cane River region. The Secretary may also

15 enter into cooperative agreements for the purpose of facili16 tating the preservation of important historic sites and

17 structures identified in the historical park’s general man18 agement plan or other heritage elements related to the

19 heritage of the Cane River region. Such cooperative agree20 ments shall specify that the National Park Service shall

21 have reasonable rights of access for operational and visitor

22 use needs and that preservation treatments will meet the

23 Secretary’s standards for rehabilitation of historic build24 ings.
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1 (2) The Secretary is authorized to enter into coopera2 tive agreements with the City of Natchitoches, the State

3 of Louisiana, and other public or private organizations for

4 the development of the interpretive center, educational

5 programs, and other materials that will facilitate public

6 use of the historical park and heritage area.

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

8 National Park Service, shall coordinate a comprehensive

9 research program on the complex history of the Cane

10 River region, including ethnography studies of the living

11 communities along the Cane River, and how past and

12 present generations have adapted to their environment, in13 cluding genealogical studies of families within the Cane

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

15 the extensive primary historic documents within the

16 Natchitoches and Cane River areas, and curation methods

17 for their care and exhibition. The research program shall

18 be coordinated with Northwestern State University of

19 Louisiana, and the National Center for Preservation Tech20 nology and Training in Natchitoches.

21 SEC. 103. ACQUISITION OF PROPERTY.

22 (a) GENERAL AUTHORITY.—Except as otherwise pro23 vided in this section, the Secretary is authorized to acquire

24 lands and interests therein within the boundaries of the
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1 historical park by donation, purchase with donated or ap2 propriated funds, or exchange.

3 (b) STATE AND LOCAL PROPERTIES.—Lands and in4 terests therein that are owned by the State of Louisiana,

5 or any political subdivision thereof, may be acquired only

6 by donation or exchange.

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

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

9 donation.

10 (d) COOPERATIVE AGREEMENT SITES.—Lands and

11 interests therein that are the subject of cooperative agree12 ments pursuant to section 101(b)(3) shall not be acquired

13 except with the consent of the owner thereof.

14 SEC. 104. GENERAL MANAGEMENT PLAN.

15 Within 3 years after the date funds are made avail16 able therefor and in consultation with the Cane River Her17 itage Area Commission, the National Park Service shall

18 prepare a general management plan for the historical

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

20 (1) a visitor use plan indicating programs and

21 facilities that will be provided for public use, includ22 ing the location and cost of an interpretive center;

23 (2) programs and management actions that the

24 National Park Service will undertake cooperatively

25 with the heritage area commission, including preser-
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1 vation treatments for important sites, structures, ob2 jects, and research materials. Planning shall address

3 educational media, roadway signing, and brochures

4 that could be coordinated with the Commission pur5 suant to section 203 of this Act; and

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

7 structures that are identified for National Park

8 Service involvement through cooperative agreements.

9 TITLE II—CANE RIVER NATIONAL

10 HERITAGE AREA

11 SEC. 201. ESTABLISHMENT OF THE CANE RIVER NATIONAL

12 HERITAGE AREA.

13 (a) ESTABLISHMENT.—There is hereby established

14 the Cane River National Heritage Area (hereinafter re15 ferred to as the ‘‘heritage area’’).

16 (b) PURPOSE.—In furtherance of the need to recog17 nize the value and importance of the Cane River region

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

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

20 area to complement the historical park and to provide for

21 a culturally sensitive approach to the preservation of the

22 heritage of the Cane River region, and for other needs in23 cluding—

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

25 heritage and identity;
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1 (2) assisting in the preservation and enhance2 ment of the cultural landscape and traditions of the

3 Cane River region;

4 (3) providing a framework for those who live

5 within this important dynamic cultural landscape to

6 assist in preservation and educational actions; and

7 (4) minimizing the need for Federal land acqui8 sition and management.

9 (c) AREA INCLUDED.—The heritage area shall in10 clude—

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

12 of the Cane River as depicted on map CARI,

13 80,000A, dated May 1994;

14 (2) those properties within the Natchitoches

15 National Historic Landmark District which are the

16 subject of cooperative agreements pursuant to sec17 tion 102(d);

18 (3) the Los Adaes State Commemorative Area;

19 (4) the Fort Jesup State Commemorative Area;

20 (5) the Fort St. Jean Baptiste State Com21 memorative Area; and

22 (6) the Kate Chopin House.

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

24 in the heritage area shall be included in the heritage area

25 management plan as required in section 203 of this title.
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1 SEC. 202. CANE RIVER NATIONAL HERITAGE AREA COMMIS2 SION.

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

4 purposes of this Act and to provide guidance for the man5 agement of the heritage area, there is established the Cane

6 River National Heritage Area Commission (hereinafter re7 ferred to as the ‘‘Commission’’).

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

9 19 members to be appointed no later than 6 months after

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

11 be appointed by the Secretary as follows—

12 (1) one member from recommendations submit13 ted by the mayor of Natchitoches;

14 (2) one member from recommendations submit15 ted by the Association for the Preservation of His16 toric Natchitoches;

17 (3) one member from recommendations submit18 ted by the Natchitoches Historic Foundation, Inc.;

19 (4) two members with experience in and knowl20 edge of tourism in the heritage area from rec21 ommendations submitted by local business and tour22 ism organizations;

23 (5) one member from recommendations submit24 ted by the Governor of the State of Louisiana;

25 (6) one member from recommendations submit26 ted by the Police Jury of Natchitoches Parish;
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1 (7) one member from recommendations submit2 ted by the Concerned Citizens of Cloutierville;

3 (8) one member from recommendations submit4 ted by the St. Augustine Historical Society;

5 (9) one member from recommendations submit6 ted by the Black Heritage Committee;

7 (10) one member from recommendations sub8 mitted by the Los Adaes/Robeline Community;

9 (11) one member from recommendations sub10 mitted by the Natchitoches Historic District Com11 mission;

12 (12) one member from recommendations sub13 mitted by the Cane River Waterway Commission;

14 (13) two members who are landowners in and

15 residents of the heritage area;

16 (14) one member with experience and knowl17 edge of historic preservation from recommendations

18 submitted by Museum Contents, Inc.;

19 (15) one member with experience and knowl20 edge of historic preservation from recommendations

21 submitted by the President of Northwestern State

22 University of Louisiana;

23 (16) one member with experience in and knowl24 edge of environmental, recreational and conservation

25 matters affecting the heritage area from rec-
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1 ommendations submitted by the Natchitoches

2 Sportsmans Association and other local recreational

3 and environmental organizations; and

4 (17) the director of the National Park Service,

5 or the Director’s designee, ex officio.

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

7 shall—

8 (1) prepare a management plan for the heritage

9 area in consultation with the National Park Service,

10 the State of Louisiana, the City of Natchitoches,

11 Natchitoches Parish, interested groups, property

12 owners, and the public;

13 (2) consult with the Secretary on the prepara14 tion of the general management plan for the histori15 cal park;

16 (3) develop cooperative agreements with prop17 erty owners, preservation groups, educational

18 groups, the State of Louisiana, the City of

19 Natchitoches, universities, and tourism groups, and

20 other groups to further the purposes of this Act; and

21 (4) identify appropriate entities, such as a non22 profit corporation, that could be established to as23 sume the responsibilities of the Commission follow24 ing its termination.
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1 (d) POWERS OF THE COMMISSION.—In furtherance

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

3 to—

4 (1) procure temporary and intermittent services

5 to the same extent that is authorized by section

6 3109(b) of title 5, United States Code, but at rates

7 determined by the Commission to be reasonable;

8 (2) accept the services of personnel detailed

9 from the State of Louisiana or any political subdivi10 sion thereof, and may reimburse the State or politi11 cal subdivision for such services;

12 (3) upon the request of the Commission, the

13 head of any Federal agency may detail, on a reim14 bursable basis, any of the personnel of such agency

15 to the Commission to assist the Commission in car16 rying out its duties;

17 (4) appoint and fix the compensation of such

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

19 Staff shall be appointed subject to the provisions of

20 title 5, United States Code, governing appointments

21 in the competitive service, and shall be paid in ac22 cordance with the provisions of chapter 51 and sub23 chapter III of chapter 53 of such title relating to

24 classification and General Schedule pay rates;
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1 (5) enter into cooperative agreements with pub2 lic or private individuals or entities for research, his3 toric preservation, and education purposes;

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

5 studies that identify, preserve, and plan for the man6 agement of the heritage area;

7 (7) notwithstanding any other provision of law,

8 seek and accept donations of funds or services from

9 individuals, foundations, or other public or private

10 entities and expend the same for the purposes of

11 providing services and programs in furtherance of

12 the purposes of this Act;

13 (8) assist others in developing educational, in14 formational, and interpretive programs and facilities;

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

16 times and places, take such testimony, and receive

17 such evidence, as the Commission may consider ap18 propriate; and

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

20 manner and under the same conditions as other de21 partments or agencies of the United States.

22 (e) COMPENSATION.—Members of the Commission

23 shall receive no compensation for their service on the Com24 mission. While away from their homes or regular places

25 of business in the performance of services for the Commis-
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1 sion, members shall be allowed travel expenses, including

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

3 persons employed intermittently in the Government service

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

5 States Code.

6 (f) CHAIRMAN.—The Commission shall elect a chair7 man from among its members. The term of the chairman

8 shall be for 3 years.

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

10 shall be for 3 years. Any member of the Commission ap11 pointed by the Secretary for a 3-year term may serve after

12 expiration of his or her term until a successor is ap13 pointed. Any vacancy shall be filled in the same manner

14 in which the original appointment was made. Any member

15 appointed to fill a vacancy shall serve for the remainder

16 of the term for which the predecessor was appointed.

17 (h) ANNUAL REPORTS.—The Commission shall sub18 mit an annual report to the Secretary identifying its ex19 penses and any income, the entities to which any grants

20 or technical assistance were made during the year for

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

22 for the following year.

23 SEC. 203. PREPARATION OF THE PLAN.

24 (a) IN GENERAL.—Within 3 years after the Commis25 sion conducts its first meeting, it shall prepare and submit
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1 a heritage area management plan to the Governor of the

2 State of Louisiana. The Governor shall, if the Governor

3 approves the plan, submit it to the Secretary for review

4 and approval. The Secretary shall provide technical assist5 ance to the Commission in the preparation and implemen6 tation of the plan, in concert with actions by the National

7 Park Service to prepare a general management plan for

8 the historical park. The plan shall consider local govern9 ment plans and shall present a unified heritage preserva10 tion and education plan for the heritage area. The plan

11 shall include, but not be limited to—

12 (1) an inventory of important properties and

13 cultural landscapes that should be preserved, man14 aged, developed, and maintained because of their

15 cultural, natural, and public use significance;

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

17 area and how they affect the goals of preservation

18 and public use of the heritage area;

19 (3) an interpretive plan to address the cultural

20 and natural history of the area, and actions to en21 hance visitor use. This element of the plan shall be

22 undertaken in consultation with the National Park

23 Service and visitor use plans for the national histori24 cal park;
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1 (4) recommendations for coordinating actions

2 by local, State, and Federal governments within the

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

4 and

5 (5) an implementation program for the plan in6 cluding desired actions by State and local govern7 ments and other involved groups and entities.

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

9 approve or disapprove the plan within 90 days after re10 ceipt of the plan from the Commission. The Commission

11 shall notify the Secretary of the status of approval by the

12 Governor of Louisiana when the plan is submitted for re13 view and approval. In determining whether or not to ap14 prove the plan the Secretary shall consider—

15 (1) whether the Commission has afforded ade16 quate opportunity, including public meetings and

17 hearings, for public and governmental involvement in

18 the preparation of the plan; and

19 (2) whether reasonable assurances have been

20 received from the State and local governments that

21 the plan is supported and that the implementation

22 program is feasible.

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

24 disapproves the plan, he shall advise the Commission in

25 writing of the reasons for disapproval, and shall provide
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1 recommendations and assistance in the revision of the

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

3 the Commission shall resubmit the plan to the Governor

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

5 approve or disapprove the plan within 90 days after the

6 date that the plan is revised.

7 SEC. 204. TERMINATION OF HERITAGE AREA COMMISSION.

8 (a) TERMINATION.—The Commission shall terminate

9 on the day occurring 10 years after the first official meet10 ing of the Commission.

11 (b) EXTENSION.—The Commission may petition to

12 be extended for a period of not more than 5 years begin13 ning on the day referred to in subsection (a), provided the

14 Commission determines a critical need to fulfill the pur15 poses of this Act; and the Commission obtains approval

16 from the Secretary, in consultation with the Governor of

17 Louisiana.

18 (c) HERITAGE AREA MANAGEMENT FOLLOWING

19 TERMINATION OF THE COMMISSION.—The national herit20 age area status for the Cane River region shall continue

21 following the termination of the Commission. The manage22 ment plan, and partnerships and agreements subject to

23 the plan shall guide the future management of the herit24 age area. The Commission, prior to its termination, shall

25 recommend to the Governor of the State of Louisiana and
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1 the Secretary, appropriate entities, including the potential

2 for a nonprofit corporation, to assume the responsibilities

3 of the Commission.

4 SEC. 205. DUTIES OF OTHER FEDERAL AGENCIES.

5 Any Federal entity conducting or supporting activi6 ties directly affecting the heritage area shall—

7 (1) consult with the Secretary and the Commis8 sion with respect to implementation of their pro9 posed actions; and

10 (2) to the maximum extent practicable, coordi11 nate such activities with the Commission to mini12 mize potential impacts on the resources of the herit13 age area.

14 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this Act.

Passed the Senate June 16 (legislative day, June 7),

1994.

Attest:

Secretary.
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