Calendar No. 447

103D CONGRESS

2D SESSION S. 1980

[Report No. 103–276]

A BILL

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 HeritMAY 25 (legislative day, MAY 16), 1994

Reported with amendments
II

Calendar No. 447

103D CONGRESS

2D SESSION S. 1980

[Report No. 103–276]

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

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

purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 24 (legislative day, FEBRUARY 22), 1994

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

referred to the Committee on Energy and Natural Resources

MAY 25 (legislative day, MAY 16), 1994

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To establish the Cane River Creole National Historical Park

and the Cane River National Heritage Area in the State

of Louisiana, and for other purposes.

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 80,001, dated January 1994. 80,001A, dated May

4 1994.

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

6 agreements with the National Park Service for the

7 purposes of historic preservation and interpretation

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

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

10 Beau Fort Plantation, and sites within the

11 Natchitoches National Historical Landmark District:

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

13 historical park unless the Secretary of the Interior

14 (hereinafter referred to as the ‘‘Secretary’’) deter15 mines, based on further research and planning, that

16 such sites meet the applicable criteria for national

17 historical significance, suitability, and feasibility,

18 and notification of the proposed addition has been

19 transmitted to the Committee on Energy and Natu20 ral Resources of the United States Senate and the

21 appropriate committees of the House of Representa22 tives.

23 (4) Not to exceed 10 acres of land that the Sec24 retary may designate for an interpretive visitor cen-
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1 ter complex to serve the needs of the historical park

2 and heritage area established in title II of this Act.

3 SEC. 102. ADMINISTRATION.

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

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

6 provisions of law generally applicable to units of the Na7 tional Park System, including the Act entitled ‘‘An Act

8 to establish a National Park Service, and for other pur9 poses’’, approved August 25, 1916 (39 Stat. 535; 16

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

11 666, 16 U.S.C. 461–467). The Secretary shall manage the

12 historical park in such a manner as will preserve resources

13 and cultural landscapes relating to the Creole culture of

14 the Cane River and enhance public understanding of the

15 important cultural heritage of the Cane River region.

16 (b) DONATIONS.—The Secretary may accept and re17 tain donations of funds, property, or services for from indi18 viduals, foundations, or other public or private entities for

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

20 technical assistance that further the purposes of this Act.

21 Any funds donated to the Secretary pursuant to this sub22 section may be expended without further appropriation.

23 (c) INTERPRETIVE CENTER.—The Secretary is au24 thorized to construct, operate, and maintain an interpre25 tive center on lands identified by the Secretary pursuant
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1 to section 101(b)(4) of this title. Such center shall provide

2 for the general information and orientation needs of the

3 historical park and the heritage area. The Secretary shall

4 consult with the State of Louisiana, the City of

5 Natchitoches, the Association for the Preservation of His6 toric Natchitoches, and the Cane River National Heritage

7 Area Commission pursuant to section 202 of this Act in

8 the planning and development of the interpretive center.

9 (d) COOPERATIVE AGREEMENTS AND TECHNICAL

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

11 the Cane River National Heritage Area Commission estab12 lished pursuant to section 202 of this Act, is authorized

13 to enter into cooperative agreements with owners of prop14 erties within the heritage area and owners of properties

15 within the historical park that provide important edu16 cational and interpretive opportunities relating to the her17 itage of the Cane River region. The Secretary may also

18 enter into cooperative agreements for the purpose of facili19 tating the preservation of important historic sites and

20 structures identified in the historical park’s general man21 agement plan or other heritage elements related to the

22 heritage of the Cane River region. Such cooperative agree23 ments shall specify that the National Park Service shall

24 have reasonable rights of access for operational and visitor

25 use needs and that preservation treatments will meet the
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1 Secretary’s standards for rehabilitation of historic build2 ings.

3 (2) The Secretary is authorized to enter into coopera4 tive agreements with the City of Natchitoches, the State

5 of Louisiana, and other public or private organizations for

6 the development of the interpretive center, educational

7 programs, and other materials that will facilitate public

8 use of the historical park and heritage area.

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

10 National Park Service, shall coordinate a comprehensive

11 research program on the complex history of the Cane

12 River region, including ethnography studies of the living

13 communities along the Cane River, and how past and

14 present generations have adapted to their environment, in15 cluding genealogical studies of families within the Cane

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

17 the extensive primary historic documents within the

18 Natchitoches and Cane River areas, and curation methods

19 for their care and exhibition. The research program shall

20 be coordinated with Northwestern State University of

21 Louisiana, and the National Center for Preservation Tech22 nology and Training in Natchitoches.

23 SEC. 103. ACQUISITION OF PROPERTY.

24 (a) GENERAL AUTHORITY.—Except as otherwise pro25 vided in this section, the Secretary is authorized to acquire
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1 lands and interests therein within the boundaries of the

2 historical park by donation, purchase with donated or ap3 propriated funds, or exchange.

4 (b) STATE AND LOCAL PROPERTIES.—Lands and in5 terests therein that are owned by the State of Louisiana,

6 or any political subdivision thereof, may be acquired only

7 by donation or exchange.

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

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

10 donation.

11 (d) COOPERATIVE AGREEMENT SITES.—Lands and

12 interests therein that are the subject of cooperative agree13 ments pursuant to section 101(b)(3) shall not be acquired

14 except with the consent of the owner thereof.

15 SEC. 104. GENERAL MANAGEMENT PLAN.

16 Within 3 years after the date funds are made avail17 able therefor and in consultation with the Cane River Her18 itage Area Commission, the National Park Service shall

19 prepare a general management plan for the historical

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

21 (1) a visitor use plan indicating programs and

22 facilities that will be provided for public use, includ23 ing the location and cost of an interpretive center;

24 (2) programs and management actions that the

25 National Park Service will undertake cooperatively
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1 with the heritage area commission, including preser2 vation treatments for important sites, structures, ob3 jects, and research materials. Planning shall address

4 educational media, roadway signing, and brochures

5 that could be prepared jointly coordinated with the

6 Commission pursuant to section 203 of this Act; and

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

8 structures that are identified for National Park

9 Service involvement through cooperative agreements.

10 TITLE II—CANE RIVER NATIONAL

11 HERITAGE AREA

12 SEC. 201. ESTABLISHMENT OF THE CANE RIVER NATIONAL

13 HERITAGE AREA.

14 (a) ESTABLISHMENT.—There is hereby established

15 the Cane River National Heritage Area (hereinafter re16 ferred to as the ‘‘heritage area’’).

17 (b) PURPOSE.—In furtherance of the need to recog18 nize the value and importance of the Cane River region

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

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

21 area to complement the historical park and to provide for

22 a culturally sensitive approach to the preservation of the

23 heritage of the Cane River region, and for other needs in24 cluding—
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1 (1) recognizing areas important to the Nation’s

2 heritage and identity;

3 (2) assisting in the preservation and enhance4 ment of the cultural landscape and traditions of the

5 Cane River region;

6 (3) providing a framework for those who live

7 within this important dynamic cultural landscape to

8 assist in preservation and educational actions; and

9 (4) minimizing the need for Federal land acqui10 sition and management.

11 (c) AREA INCLUDED.—The heritage area shall in12 clude—

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

14 of the Cane River as depicted on map CARI,

15 80,000, dated January 1994; 80,000A, dated May

16 1994;

17 (2) the Natchitoches National Historical Land18 mark District;

19 (2) those properties within the Natchitoches Na20 tional Historic Landmark District which are the sub21 ject of cooperative agreements pursuant to section

22 102(d);

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 Com2 memorative Area; and

3 (6) the Kate Chopin House.

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

5 in the heritage area shall be included in the heritage area

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

7 SEC. 202. CANE RIVER NATIONAL HERITAGE AREA COMMIS8 SION.

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

10 purposes of this Act and to provide guidance for the man11 agement of the heritage area, there is established the Cane

12 River National Heritage Area Commission (hereinafter re13 ferred to as the ‘‘Commission’’).

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

15 16 19 members to be appointed no later than 6 months

16 after the date of enactment of this Act. The Commission

17 shall be appointed by the Secretary as follows—

18 (1) one member from recommendations submit19 ted by the mayor of Natchitoches;

20 (2) one member from recommendations submit21 ted by the Association for the Preservation of His22 toric Natchitoches;

23 (3) one member from recommendations submit24 ted by the Natchitoches Historic Foundation, Inc.;
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1 (4) one member with experience in and knowl2 edge of tourism in the greater Cane River region,

3 from recommendations submitted by local busi4 nesses;

5 (4) two members with experience in and knowl6 edge of tourism in the heritage area from rec7 ommendations submitted by local business and tour8 ism organizations;

9 (5) one member from recommendations submit10 ted by the Governor of the State of Louisiana;

11 (6) one member from recommendations submit12 ted by the Police Jury of Natchitoches Parish;

13 (7) one member from recommendations submit14 ted by the Concerned Citizens of Cloutierville;

15 (8) one member from recommendations submit16 ted by the St. Augustine Historical Society;

17 (9) one member from recommendations submit18 ted by the Black Heritage Committee;

19 (10) one member from recommendations sub20 mitted by the Los Adaes/Robeline Community;

21 (11) one member from recommendations sub22 mitted by the Natchitoches Historic District Com23 mission;

24 (12) one member from recommendations sub25 mitted by the Cane River Waterway Commission;
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1 (13) one member who is a landowner along the

2 Cane River;

3 (13) two members who are landowners in and

4 residents of the heritage area;

5 (14) one member with experience and knowl6 edge of historic preservation from recommendations

7 submitted by Museum Contents, Inc.;

8 (15) one member with experience and knowl9 edge of historic preservation from recommendations

10 submitted by the President of Northwestern State

11 University of Louisiana; and

12 (16) one member with experience in and knowl13 edge of environmental, recreational and conservation

14 matters affecting the heritage area from recommenda15 tions submitted by the Natchitoches Sportsmans Asso16 ciation and other local recreational and environ17 mental organizations; and

18 (16) (17) the director of the National Park

19 Service, or the Director’s designee, ex officio.

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

21 shall—

22 (1) prepare a management plan for the heritage

23 area in consultation with the National Park Service,

24 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 cooperative agreements

7 with property owners, preservation groups, edu8 cational groups, the State of Louisiana, the City of

9 Natchitoches, universities, and tourism groups, and

10 other groups to furtherance further of the purposes

11 of this Act; and

12 (4) identify appropriate entities, such as a non13 profit corporation, that could be established to as14 sume the responsibilities of the Commission follow15 ing its termination.

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

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

18 to—

19 (1) procure temporary and intermittent services

20 to the same extent that is authorized by section

21 3109(b) of title 5, United States Code, but at rates

22 determined by the Commission to be reasonable;

23 (2) accept the services of personnel detailed

24 from the State of Louisiana or any political subdivi-
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1 sion thereof, and may reimburse the State or politi2 cal subdivision for such services;

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

4 head of any Federal agency may detail, on a reim5 bursable basis, any of the personnel of such agency

6 to the Commission to assist the Commission in car7 rying out its duties;

8 (4) appoint and fix the compensation of such

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

10 Staff shall be appointed subject to the provisions of

11 title 5, United States Code, governing appointments

12 in the competitive service, and shall be paid in ac13 cordance with the provisions of chapter 51 and sub14 chapter III of chapter 53 of such title relating to

15 classification and General Schedule pay rates;

16 (5) enter into cooperative agreements and

17 leases with public or private individuals or entities

18 for research, historic preservation, and education

19 purposes;

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

21 studies that identify, preserve, and plan for the man22 agement of the heritage area;

23 (7) notwithstanding any other provision of law,

24 seek and accept donations of funds or services from

25 individuals, foundations, or other public or private
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1 entities and expend the same for the purposes of

2 providing services and programs in furtherance of

3 the purposes of this Act;

4 (8) assist others in developing educational, in5 formational, and interpretive programs and facilities;

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

7 times and places, take such testimony, and receive

8 such evidence, as the Commission may consider ap9 propriate; and

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

11 manner and under the same conditions as other de12 partments or agencies of the United States.

13 (e) COMPENSATION.—Members of the Commission

14 shall receive no compensation for their service on the Com15 mission. While away from their homes or regular places

16 of business in the performance of services for the Commis17 sion, members shall be allowed travel expenses, including

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

19 persons employed intermittently in the Government service

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

21 States Code.

22 (f) CHAIRMAN.—The Commission shall elect a chair23 man from among its members. The term of the chairman

24 shall be for 3 years.
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1 (g) TERMS.—The terms of Commission members

2 shall be for 3 years. Any member of the Commission ap3 pointed by the Secretary for a 3-year term may serve after

4 expiration of his or her term until a successor is ap5 pointed. Any vacancy shall be filled in the same manner

6 in which the original appointment was made. Any member

7 appointed to fill a vacancy shall serve for the remainder

8 of the term for which the predecessor was appointed.

9 (h) ANNUAL REPORTS.—The Commission shall sub10 mit an annual report to the Secretary identifying its ex11 penses and any income, the entities to which any grants

12 or technical assistance were made during the year for

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

14 for the following year.

15 SEC. 203. DUTIES OF THE HERITAGE AREA COMMISSION

16 PREPARATION OF THE PLAN.

17 (a) PREPARATION OF PLAN.—IN GENERAL.—Within

18 3 years after the Commission conducts its first meeting,

19 it shall prepare and submit a heritage area management

20 plan to the Governor of the State of Louisiana. The Gov21 ernor shall, if the Governor approves the plan, submit it

22 to the Secretary for review and approval. The Secretary

23 shall provide technical assistance to the Commission in the

24 preparation and implementation of the plan, in concert

25 with actions by the National Park Service to prepare a
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1 general management plan for the historical park. The plan

2 shall consider local government plans and shall present a

3 unified heritage preservation and education plan for the

4 heritage area. The plan shall include, but not be limited

5 to—

6 (1) an inventory of important properties and

7 cultural landscapes that should be preserved, man8 aged, developed, and maintained because of their

9 cultural, natural, and public use significance;

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

11 area and how they affect the goals of preservation

12 and public use of the heritage area;

13 (3) an interpretive plan to address the cultural

14 and natural history of the area, and actions to en15 hance visitor use. This element of the plan shall be

16 undertaken in consultation with the National Park

17 Service and visitor use plans for the national histori18 cal park;

19 (4) recommendations for coordinating actions

20 by local, State, and Federal governments within the

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

22 and

23 (5) an implementation program for the plan in24 cluding desired actions by State and local govern25 ments and other involved groups and entities.
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1 (b) APPROVAL OF THE PLAN.—The Secretary shall

2 approve or disapprove the plan within 90 days after re3 ceipt of the plan from the Commission. The Commission

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

5 Governor of Louisiana when the plan is submitted for re6 view and approval. In determining whether or not to ap7 prove the plan the Secretary shall consider—

8 (1) whether the Commission has afforded ade9 quate opportunity, including public meetings and

10 hearings, for public and governmental involvement in

11 the preparation of the plan; and

12 (2) whether reasonable assurances have been

13 received from the State and local governments that

14 the plan is supported and that the implementation

15 program is feasible.

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

17 disapproves the plan, he shall advise the Commission in

18 writing of the reasons for disapproval, and shall provide

19 recommendations and assistance in the revision of the

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

21 the Commission shall resubmit the plan to the Governor

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

23 approve or disapprove the plan within 90 days after the

24 date that the plan is revised.
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1 SEC. 204. TERMINATION OF HERITAGE AREA COMMISSION.

2 (a) TERMINATION.—The Commission shall terminate

3 on the day occurring 10 years after the first official meet4 ing of the Commission.

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

6 be extended for a period of not more than 5 years begin7 ning on the day referred to in subsection (a), provided the

8 Commission determines a critical need to fulfill the pur9 poses of this Act; and the Commission obtains approval

10 from the Secretary, in consultation with the Governor of

11 Louisiana.

12 (c) HERITAGE AREA MANAGEMENT FOLLOWING

13 TERMINATION OF THE COMMISSION.—The national herit14 age area status for the Cane River region shall continue

15 following the termination of the Commission. The manage16 ment plan, and partnerships and agreements subject to

17 the plan shall guide the future management of the herit18 age area. The Commission, prior to its termination, shall

19 recommend to the Governor of the State of Louisiana and

20 the Secretary, appropriate entities, including the potential

21 for a nonprofit corporation, to assume the responsibilities

22 of the Commission.

23 SEC. 205. DUTIES OF OTHER FEDERAL AGENCIES.

24 In general, any Federal entity conducting or support25 ing activities directly affecting the heritage area, and any

26 entity of the State of Louisiana, or a political subdivision
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1 thereof, acting pursuant to a grant of Federal funds or

2 a Federal permit or agreement directly affecting the herit3 age area shall—

4 Any Federal entity conducting or supporting activities

5 directly affecting the heritage area shall—

6 (1) consult with the Secretary and the Commis7 sion with respect to implementation of their pro8 posed actions; and

9 (2) to the maximum extent practicable, coordi10 nate such activities with the Commission to mini11 mize potential impacts on the resources of the herit12 age area.

13 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

14 Except as provided in subsection (b) there There are

15 authorized to be appropriated such sums as may be nec16 essary to carry out this Act.