Collapse to view only § 410bbb-2. Administration

§ 410bbb. Findings and purpose
(a) Findings
The Congress finds that:
(1) Jazz is the United States’ most widely recognized indigenous music and art form. Congress previously recognized jazz in 1987 through Senate Concurrent Resolution 57 as a rare and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region.
(3) 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.
(b) Purpose
(Pub. L. 103–433, title XII, § 1202, Oct. 31, 1994, 108 Stat. 4519.)
§ 410bbb–1. Establishment
(a) In general
(b) Area included
The historical park shall consist of lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter referred to as “the Secretary”) may designate for an interpretive visitor center complex.
(2) 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 subchapter.
(3)
(A) Sites designated by the Secretary as provided in subparagraph (B).
(B)
(i) No later than 18 months after October 31, 1994, the Secretary is directed to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled “New Orleans Jazz Special Resource Study”, prepared by the National Park Service pursuant to Public Law 101–499. In undertaking the evaluation, the Secretary shall, to the extent practicable, utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this subchapter, the Secretary may designate such sites as part of the historical park, following consultation with the owners of such sites, the city of New Orleans, the Smithsonian Institution, and the New Orleans Jazz Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives.
(Pub. L. 103–433, title XII, § 1203, Oct. 31, 1994, 108 Stat. 4520.)
§ 410bbb–2. Administration
(a) In general
(1) The Secretary shall administer the historical park in accordance with this subchapter and with provisions of law generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4); 1
1 See References in Text note below.
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).1 The Secretary shall manage the historical park in such a manner as will preserve and perpetuate knowledge and understanding of the history of jazz and its continued evolution as a true American art form.
(2) 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.
(b) Donations
(c) Interpretive center
(d) Jazz heritage districts
(e) Cooperative agreements, grants and technical assistance
In furtherance of the purposes of this subchapter—
(1) the Secretary, after consultation with the New Orleans Jazz Commission established pursuant to section 410bbb–5 of this title, is authorized to enter into cooperative agreements with owners of properties that are designated pursuant to section 410bbb–1(b)(3) of this title which provide outstanding educational and interpretive opportunities relating to the evolution of jazz in New Orleans. The Secretary may assist in rehabilitating, restoring, marking, and interpreting and may provide technical assistance for the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions that the National Park Service will have reasonable rights of access for operational and visitor use needs, that rehabilitation and restoration will meet the Secretary’s standards for rehabilitation of historic buildings, and that specify the roles and responsibilities of the Secretary for each site or structure;
(2) the Secretary is authorized to enter into cooperative agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations under which the other parties to the agreement may contribute to the acquisition, construction, operation, and maintenance of the interpretive center and to the operation of educational and interpretive programs to further the purposes of this subchapter; and
(3) the Secretary, in consultation with the New Orleans Jazz Commission, is authorized to provide grants or technical assistance to public and private organizations.
(f) Jazz educational programs
(Pub. L. 103–433, title XII, § 1204, Oct. 31, 1994, 108 Stat. 4520.)
§ 410bbb–3. Acquisition of property
(a) General authority
(b) State and local properties
(Pub. L. 103–433, title XII, § 1205, Oct. 31, 1994, 108 Stat. 4522.)
§ 410bbb–4. General management plan
Within three years after the date funds are made available therefor and concurrent with the national landmark study referenced in section 410bbb–1(b)(3) of this title, the Secretary, in consultation with the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but need not be limited to—
(1) a visitor use plan indicating programs and facilities associated with park programs that will be made available to the public;
(2) preservation and use plans for any structures and sites that are identified through the historic landmark study for inclusion within the historical park;
(3) the location and associated cost of public facilities that are proposed for inclusion within the historical park, including a visitor center;
(4) identification of programs that the Secretary will implement or be associated with through cooperative agreements with other groups and organizations;
(5) a transportation plan that addresses visitor use access needs to sites, facilities, and programs central to the purpose of the historical park;
(6) plans for the implementation of an archival system for materials, objects, and items of importance relating to the history of jazz; and
(7) guidelines for the application of cooperative agreements that will be used to assist in the management of historical park facilities and programs.
(Pub. L. 103–433, title XII, § 1206, Oct. 31, 1994, 108 Stat. 4522.)
§ 410bbb–5. New Orleans Jazz Commission
(a) Establishment
(b) Membership
The Commission shall consist of 17 members to be appointed no later than six months after October 31, 1994. The Commission shall be appointed by the Secretary as follows:
(1) One member from recommendations submitted by the Mayor of New Orleans.
(2) Two members who have recognized expertise in music education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism in the greater New Orleans area, from recommendations submitted by local businesses.
(4) One member from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Chairman of the National Endowment of the Arts, who are recognized musicians with knowledge and experience in the development of jazz in New Orleans.
(7) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Director of the Louisiana State Museum with recognized expertise in the interpretation of jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or other local associations; from recommendations submitted by the Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent societies as well as local social and pleasure clubs, from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation.
(10) One member from recommendations submitted by the Governor of the State of Louisiana, who shall be a member of the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from recommendations submitted by the club.
(12) One member who is a recognized local expert on the history, development and progression of jazz in New Orleans and is familiar with existing archival materials from recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the Director’s designee, ex officio.
(c) Duties
The Commission shall—
(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 agreement;
(2) in consultation and cooperation with the Secretary, develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this subchapter;
(3) in consultation and cooperation with the Secretary, develop partnerships with city-wide organizations, and raise and disperse funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and advise on hiring brass bands and musical groups to participate in education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary, provide recommendations for the location of the visitor center and other interpretive sites;
(6) assist the Secretary in providing funds to support research on the origins and early history of jazz in New Orleans; and
(7) 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 referenced in section 410bbb–1(b)(3) of this title as having outstanding significance to the history of jazz in New Orleans.
(d) Appointment
(e) Chairman
(f) Terms
(g) Per diem expenses
(h) Administrative support
(i) Annual report
(Pub. L. 103–433, title XII, § 1207, Oct. 31, 1994, 108 Stat. 4522.)
§ 410bbb–6. Authorization of appropriations

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

(Pub. L. 103–433, title XII, § 1208, Oct. 31, 1994, 108 Stat. 4525.)