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(g) PER DIEM EXPENSES.-Members of the Commission shall serve without compensation. Members shall be entitled to travel expenses under section 5703, title 5, United States Code, when engaged in Commission business, including per diem in lieu of subsistence in the same manner as persons employed intermittently.

(h) ADMINISTRATIVE SUPPORT.-The Secretary shall provide the Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry out its duties.

(i) ANNUAL REPORT.-The Commission shall submit an annual report to the Secretary identifying its expenses and income and the entities to which any grants or technical assistance were made during the year for which the report is made.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be necessary to carry out this Act.

PURPOSE OF THE MEASURE

The purpose of S. 1586, as amended, is to implement the key recommendations made by the Preservation of Jazz Advisory Commission to establish the New Orleans Jazz National Historical Park for the commemoration, interpretation, and preservation of jazz in New Orleans.

BACKGROUND AND NEED

The city of New Orleans is widely recognized as the birthplace of jazz, our Nation's most popular and indigenous music and art form. Unfortunately, many of the areas associated with the origin and early history of jazz are gone: the infamous Storyville District was largely dismantled in the 1940's; many buildings in the Tango Belt have been removed or significantly altered; Back o' Town has been the site of redevelopment for government offices, parking areas, highrise office buildings and the Louisiana Superdome; and important lakefront areas like Milneburg, Little Woods, and West End were altered in the 1920's when Lake Pontchartrain's shoreline was extended about 2,000 feet.

In 1990, the Preservation of Jazz Advisory Commission was established pursuant to Public Law 101-499. The Commission was given the task of developing recommendations for the Secretary of the Interior, who in consultation with the Secretary of the Smithsonian Institution, was charged with the duty of assessing the suitability and feasibility of preserving the origins of jazz in New Orle

ans.

One of the key recommendations of the Commission is for the National Park Service, in consultation with the Louisiana State historic preservation officer, to undertake a national historic landmarks theme study and to prepare nomination forms for designating sites and structures in New Orleans that are of national significance to the origins, development and progression of jazz in the United States.

Another recommendation of the Commission is to support local institutions for jazz education such as the Heritage School of Jazz sponsored by the New Orleans Jazz and Heritage Foundation, the New Orleans Center for the Creative Arts, the jazz studies program at the University of New Orleans, and the jazz outreach program carried out by the Orleans Parish School Board. The Commission found that interpretive and education programs supported by the National Park Service involving our Nation's youth will ensure that this vital resource is renewed and preserved.

S. 1586 would provide the necessary legislative authority to implement the many recommendations of the Commission's report.

LEGISLATIVE HISTORY

S. 1586 was introduced by Senator Johnston and Senator Breaux on October 26, 1993. Senator Moseley-Braun and Senator Cochran are cosponsors of S. 1586. The Subcommittee on Public Lands, National Parks and Forests held a hearing on S. 1586 in New Orleans on Friday, December 10, 1993. The Subcommittee on Public Lands, National Parks and Forests held a hearing on this measure on March 3, 1994.

At the business meeting on March 23, 1994, the Committee on Energy and Natural Resources ordered S. 1586, as amended, favorably reported.

COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on March 23, 1994, by a majority vote of a quorum present, recommends that the Senate pass S. 1586, if amended as described herein.

The roll call vote on reporting the measure was 16 yeas, 4 nays, as follows:

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During the consideration of S. 1586, the Committee adopted an amendment in the nature of a substitute which makes a number of minor, technical, or conforming changes in the bill as introduced. These changes are identified in the section-by-section analysis which follows.

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the "New Orleans Jazz National Historical Park Act of 1994".

Section 2 (a) sets forth findings that jazz is the United States most widely recognized indigenous music and art form, that New Orleans is widely recognized as the birthplace of jazz, and that Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz.

Subsection (b) states that the purpose of the Act is to establish a New Orleans Jazz National Historical Park, to preserve the origins, early history, development and progression of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation.

Section 3 (a) establishes the New Orleans Jazz National Historical Park (the "historical park") to be administered in conjunction with the Jean Lafitte National Historical Park and Preserve. As introduced, S. 1586 would have designated the area as a "unit" of the Jean Lafitte National Historical Park.

Subsection (b) states that the historical park shall consist of the following lands and interests in lands: lands which the Secretary of the Interior ("the Secretary") may designate for an interpretive visitor center complex; sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this Act; and sites designated by the Secretary as a result of a national historic landmark evaluation which is to be completed not later than 18 months after the date of enactment of this Act. As introduced, the bill provided for this evaluation to be completed in 36 months. In conducting this evaluation, the Committee encourages the Secretary to utilize the expertise and knowledge of local historians.

Section 4 (a) requires the Secretary to administer the historical park in accordance with the Act and with provisions of law generally applicable to units of the National Park System. This subsection also requires the Secretary to manage the historical park in such a manner as will preserve and perpetuate knowledge and understanding of the history of jazz. A provision was added to the Committee reported version providing that to minimize operational costs associated with the management and administration of the historical park and to avoid duplication of effort, the Secretary shall, to the maximum extent practicable, utilize the facilities, administrative staff and other services of the Jean Lafitte National Historical Park and Preserve.

Subsection (b) states that the Secretary may accept donations for the purposes of providing services, programs, and facilities that further the purposes of this Act.

Subsection (c) authorizes the Secretary to lease, construct, operate and maintain an interpretive center in historical park in New Orleans where live jazz performances, interpretive, educational and other related programs are to be provided.

Subsection (d) states that the Secretary may provide technical assistance to the city of New Orleans and other appropriate enti

ties for the designation of certain areas in and around New Orleans as jazz heritage districts.

Subsection (e)(1) authorizes the Secretary to enter into cooperative agreements with owners of properties that are designated pursuant to section 3(b)(3), states that the Secretary may assist in the rehabilitation and restoration of such properties, and requires that such agreements must contain provisions providing for Park Service access to the sites for operational and visitor use needs as well as incorporate the Secretary's standards for rehabilitation of historic buildings.

Paragraph (2) authorizes the Secretary to enter into cooperative agreements with the city of New Orleans, the State of Louisiana, and other appropriate organizations under which the other parties to the agreement may contribute to the acquisition, construction, operation, and maintenance of the interpretive center as well as to the establishment and operation of appropriate educational and interpretive programs.

Paragraph (3) authorizes the Secretary, in consultation with the Commission, to provide grants or technical assistance to public and private organizations.

Subsection (f) directs the Secretary, in the administration of the historical park to promote a broad range of educational activities relating to jazz and its history. The Secretary shall cooperate with schools, universities, and organizations supporting jazz education to develop educational programs that provide expanded public understanding or jazz and enhanced opportunities for public appreciation. The Secretary may assist appropriate entities in the development of an information base including archival material, audiovisual records, and objects that relate to the history of jazz. In this regard, the Committee encourages the Secretary to explore the use of modern telecommunications technology to make the various resources that this park will have to offer available to as wide and diverse an audience as possible.

Section 5 (a) authorizes the Secretary to acquire lands and interests therein within the historical park, The sites designated pursuant to paragraphs 3(b) (1) and (3) may be acquired by donation or purchase with donated or appropriated funds. However, sites designated pursuant to section 3(b)(3) may only be acquired with the consent of the owner.

Subsection (b) states that land and interests therein which are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation.

Section 6 states that within 3 years after the date funds are made available therefor and concurrent with the national landmark study referenced in section 3(b)(3), the Secretary, in consultation with the New Orleans Jazz Commission, shall prepare a general management plan for the historical park and lists the requirements for the plan. These provisions are self-explanatory. The Committee urges the Secretary to complete the general management plan as expeditiously as possible and hope that it can be well along by the time the landmark study is completed.

Section 7 establishes the 17 member New Orleans Jazz Commission to assist in implementing the purposes of this Act and the document entitled "New Orleans Jazz Special Resource Study.". The

substitute amendment slightly modifies the compositions the Commission to ensure the broad representations from interested parties and involve the Secretary of the Smithsonian, Chairman of the National Endowment of the Arts and the Librarian of Congress in recommending commission members.

This section directs the Commission to (1) advise the Secretary in the preparation of the general management plan for the historical park, assist in public discussions of planning proposals, and assist the National Park Service in working with individuals, groups, and organizations including economic and business interests in determining programs in which the Secretary should participate through cooperative agreements; (2) to develop partnerships with educational groups and others in furtherance of the purposes of the Act; (3) raise and dispense funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs and other traditional groups in preserving cultural traditions; (4) acquire or lease property for jazz education activities; (5) provide recommendations for the location of the visitor center; (6) support research on the origins and early history of jazz in New Orleans; and seek and accept donations for the purposes of providing services, programs, and facilities for jazz education; and notwithstanding any other provision of law, seek and accept donations of funds, property, or services from individuals, foundations, corporations, or other public or private entities and expend and use the same for the purposes of providing services, programs, and facilities for jazz education, or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study references in section 3(b)(3) as having outstanding significance to the history of jazz in New Orleans.

This section also sets forth the membership requirements, appointment of the members, the chairman, terms per diem expenses, administrative support, and annual report of the Commission. These provisions are self-explanatory.

Section 8 authorizes to be appropriated such sums as may be necessary to carry out the Act.

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this measure has been requested but was not received at the time the report was filed. When the report is available, the Chairman will request it to be printed in the Congressional Record for the advice of the Senate.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee makes the following evaluation of the regulatory impact which would be incurred in carrying out S. 1586. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses.

No personal informational would be collected in administering the program. Therefore, there would be no impact on personal pri

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