[Senate Report 111-253] [From the U.S. Government Publishing Office] Calendar No. 523 111th Congress Report SENATE 2d Session 111-253 ====================================================================== CANE RIVER NATIONAL HERITAGE AREA REAUTHORIZATION ACT _______ August 5, 2010.--Ordered to be printed _______ Mr. Bingaman, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany S. 1017] The Committee on Energy and Natural Resources, to which was referred the bill (S. 1017) to reauthorize the Cane River National Heritage Area Commission and expand the boundaries of the Cane River National Heritage Area in the State of Louisiana, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. The amendments are as follows: 1. On page 1, line 5, strike ``2009'' and insert ``2010''. 2. On page 3, line 15, strike ``the heritage area''. 3. On page 4, strike lines 8 and 9. 4. On page 4, line 10, strike ``(3)'' and insert ``(2)''. 5. On page 5, line 1, strike ``(4)'' and insert ``(3)''. 6. On page 6, line 3, strike ``August 5, 2025'' and insert ``September 30, 2015''. 7. On page 6, strike lines 5 through 7 and insert the following: (2) by adding at the end the following: ``(d) Evaluation and Report.-- ``(1) Evaluation.-- ``(A) In general.--Not later than 3 years before the date on which authority for Federal funding terminates for the Commission or any successor entity, the Secretary shall conduct an evaluation of the accomplishments of the heritage area. ``(B) Requirements.--In conducting the evaluation under subparagraph (A), the Secretary shall-- ``(i) assess the progress of the local management entity with respect to-- ``(I) accomplishing the purposes of the heritage area; and ``(II) achieving the goals and objectives of the approved management plan for the heritage area; ``(ii) analyze the investments of the Federal Government, State, tribal, and local governments, and private entities in the heritage area to determine the impact of the investments; and ``(iii) review the management structure, partnership relationships, and funding of the heritage area for purposes of identifying the critical components for sustainability of the heritage area. ``(2) Report.--Based on the evaluation conducted under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- ``(A) describes the results of the evaluation conducted under that paragraph; and ``(B) includes a recommendation on the future role of the National Park Service, if any, with respect to the heritage area.''. Purposes The purposes of S. 1017 are to modify the boundaries of the Cane River National Heritage Area in Louisiana, to expand the membership of the Cane River National Heritage Area Commission, and to extend the authorization for the commission through 2015. Background and Need The Cane River Creole National Historical Park and the surrounding Cane River National Heritage Area are located near Natchitoches, Louisiana. Both were established in 1994. The heritage area was established to complement the designation of the historical park and to assist in the preservation and enhancement of the region's unique cultural landscape without the need for federal management. The central corridor of the heritage area begins just south of Natchitoches, the oldest permanent settlement in the Louisiana Purchase, and extends along both sides of Cane River Lake for approximately 35 miles. The heritage area includes Cane River Creole National Historical Park, seven National Historic Landmarks, three State Historic Sites, and a dense area of historic plantations, homes, and churches. While much of the roughly 116,000 acres are privately owned, many sites are open to the public. The region includes historic resources related to the many cultures that have settled in the area, including American Indians, Spanish and French colonial settlements, military and westward expansion sites, and plantation agriculture communities. The Cane River National Heritage Area is administered by a 19-member commission consisting primarily of local residents appointed by the Secretary of the Interior. The commission includes members representing private landowners; city, parish, and state government; and tourism, economic, cultural and historic preservation, recreational, and economic interests. Under the terms of the 1994 authorizing legislation, the commission will terminate ten years after the date of its first meeting. The law also authorized a five-year extension of the commission, if approved by the Secretary of the Interior, after consultation with the Governor of Louisiana. The extension was approved in 2005, so the Commission's authority will expire later this year, if not reauthorized. S. 1017 would extend the commission's authority until September 2015 to allow it to complete its work in implementing the management plan for the Cane River National Heritage Area. Legislative History S. 1017 was introduced by Senator Landrieu on May 11, 2009. The Subcommittee on National Parks held a hearing on the bill on March 17, 2010. The Committee on Energy and Natural Resources considered the bill and adopted amendments at its business meeting on June 16, 2010. The Committee ordered S. 1017 favorably reported, as amended, at its business meeting on June 21, 2010. Committee Recommendation The Committee on Energy and Natural Resources, in open business session on June 21, 2010, by a voice vote of a quorum present, recommends that the Senate pass S. 1017, if amended as described herein. Committee Amendents During its consideration of S. 1017, the Committee adopted several amendments. The first five amendments make technical changes. The sixth amendment extends the Commission's termination date from August 5, 2025 to September 30, 2015. The seventh amendment adds a new subsection requiring the Secretary of the Interior to conduct an evaluation of the accomplishments of the heritage area and to submit a report describing the results of the evaluation. Similar provisions have been included in legislation extending the funding authorization for other national heritage areas. Section-by-Section Analysis Section 1 provides the short title, the ``Cane River National Heritage Area Reauthorization Act of 2010.'' Section 2(a) amends the purposes section (section 401 of Public Law 103-449) of the Cane River Creole National Historical Park and National Heritage Area Act, by making several technical corrections, updating a map reference, and changing what sites and properties are specifically included in the heritage area. Subsection (b) makes several technical and conforming corrections to section 402 of the Act (16 U.S.C. 410ccc-22), which addresses the membership of the Cane River National Heritage Area Commission. The membership of the Commission is expanded from 19 to 23, to include members who represent recreational and environmental organizations, African-American culture, Cane River Creole culture, and tourism. Subsection (c) amends section 403 of the Act (16 U.S.C. 410ccc-23) to require the Secretary of the Interior (Secretary) to review amendments to the management plan that substantially alter the purposes of the heritage area, and to prohibit the local coordinating entity from using Federal funds made available pursuant to the Act to implement the amendments until the Secretary approves them. Subsection (d) amends section 404 of the Act (16 U.S.C. 410ccc-24) to extend the heritage area commission until September 30, 2015, and requires the Secretary to conduct an evaluation of the accomplishments of the heritage area not later than three years before the date Federal funding authority terminates. The evaluation will assess the progress of the management entity with respect to accomplishing the purposes of the heritage area and whether the management entity achieved the goals and objectives of the approved management plan for the heritage area. The evaluation is also required to analyze governmental investments in the heritage area to determine the leverage and impact of the investments. Paragraph (2) requires the Secretary to prepare a report based on the evaluation that includes recommendations for the future role of the National Park Service, if any, for the heritage area. The report is to be submitted to the House and Senate authorizing committees. Cost and Budgetary Considerations The following estimate of costs of this measure has been provided by the Congressional Budget Office: S. 1017--Cane River National Heritage Area Reauthorization Act of 2010 S. 1017 would expand the boundaries of the Cane River National Heritage Area and extend the life of the Cane River National Heritage Area Commission through fiscal year 2015. Under current law, authority for the commission will expire on August 5, 2010. Because appropriations for the national heritage area do not depend on the existence of the commission and are authorized without expiration, CBO estimates that implementing the bill would have no effect on the federal budget. The heritage area currently receives appropriations of less than $1 million annually. Expanding the size of the area, which is not a unit of the National Park System but rather an affiliated area, would not affect the annual cost of operations. Enacting S. 1017 would not affect revenues or direct spending; therefore, pay-as-you-go procedures would not apply. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 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. 1017. 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 information would be collected in administering the program. Therefore, there would be no impact on personal privacy. Little, if any, additional paperwork would result from the enactment of S. 1017, as ordered reported. Congressionally Directed Spending S. 1017, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. Executive Communications The testimony provided by the National Park Service at the March 17, 2010 Subcommittee hearing on S. 1017 follows: Statement of Daniel N. Wenk, Deputy Director, National Park Service, Department of the Interior Mr. Chairman and members of the subcommittee, thank you for the opportunity to present the views of the Department of the Interior on S. 1017, a bill to reauthorize the Cane River National Heritage Area Commission and expand the boundaries of Cane River National Heritage Area in the State of Louisiana. The Department recommends that the committee defer action on S. 1017 until program legislation is enacted that establishes guidelines and a process for the designation and administration of national heritage areas. The Administration anticipates submitting such a legislative proposal to you in the near future and we recommend that Congress enact national heritage area program legislation this Congress. The Administration's FY 2011 Budget proposes to reduce funding for national heritage areas to focus resources on those park activities that most closely align with its core mission and encourage areas to become self-sufficient, consistent with a FY 2010 Congressional directive. Cane River National Heritage Area in northwestern Louisiana was established in 1994 as a complementary designation to the Cane River Creole National Historical Park, which was established at the same time. The national heritage area was intended to assist in preservation, ensure cultural sensitivity, and minimize the need for federal land acquisition. The heritage area is known for its historic plantations, Creole architecture, and complex multi-cultural legacy. The area is home to a unique blend of French, Spanish, African, American Indian, Creole, and other cultures. It is an extraordinarily significant area because the cultures that shaped the Cane River region in the 1700s remain there today, which is rare in the United States. S. 1017 would reauthorize the Cane River National Heritage Area Commission through 2025. Under current law, the commission, which serves as the local coordinating entity for the Cane River National Heritage Area, is scheduled to terminate on August 5, 2010. The commission operates in accordance with the heritage area management plan that was completed in 2003 and approved by both the Governor of Louisiana and the Secretary of the Interior. It is currently overseeing numerous projects and programs including a successful signage and wayfinding program, preservation of National Historic Landmarks and national register properties, development of a military heritage assessment and tour focusing on Civil War sites in preparation for the Civil War sesquicentennial, and teacher workshops on Creole history and culture. Under S. 1017, the composition of the Cane River National Heritage Area Commission would be modified to reflect current conditions. The heritage area's 1994 enabling legislation identified specific entities for representation on the commission. In some cases, those entities have evolved into other organizations. In addition, in order to allow commission representation of the entire range of cultural and landowner interests, as intended in the original legislation, the number of members would be increased from 19 to 23. S. 1017 would also expand the boundaries of the Cane River National Heritage Area to include all of Natchitoches Parish west of the Red River. This change would add significant cultural and natural resources, including Spanish Colonial, Native American, U.S. military and westward expansion sites. Among the resources that would be included are original trail ruts of El Camino Real de los Tejas, the Spanish Colonial trade route stretching from Natchitoches to Mexico City that is now a designated national historic trail. If the committee decides to take further action on S. 1017, there are two issues we would like to call to your attention. One is the length of the existence of the commission. The 1994 authorizing legislation for the heritage area envisioned the transition of management from a Secretarial-appointed commission to another entity within 10-15 years. S. 1017 would allow that transition to be postponed for as long as 15 years, until 2025. Consistent with the idea that national heritage areas should be locally driven, nearly all other national heritage areas that were first established with a federal commission as the managing or coordinating entity have transitioned to a nonfederal coordinating entity, usually a non-profit organization. That process is underway at Cane River where a non-profit organization that could serve as the local coordinating entity is currently being developed. The other issue is the authorization of appropriations. The 1994 enabling legislation authorized unlimited appropriations with no sunset date and no matching fund requirement, for the Cane River National Heritage Area. Congress has held most other national heritage areas to authorized funding of $10 million over 15 years in the initial heritage area designation, and required matching funds from other sources. Mr. Chairman, this concludes my prepared remarks. I would be pleased to answer any questions you or any members of the subcommittee may have. Changes in Existing Law In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill S. 1017, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): AN ACT To establish the Quinebaug and Shetucket River Valley National Heritage Corridor in the State of Connecticut, and for other purposes (Public Law 103-449; Approved November 2, 1994) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I--QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR * * * * * * * TITLE IV--CANE RIVER NATIONAL HERITAGE AREA SEC. 401. ESTABLISHMENT OF THE CANE RIVER NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Cane River National Heritage Area (hereinafter in this title referred to as the ``heritage area''). (b) Purpose.--In furtherance of the need to recognize the value and importance of the Cane River region and in recognition of the findings of section 302(a) of this Act, it is the purpose of this title to establish a heritage area to complement the historical park and to provide for a culturally sensitive approach to the preservation of the heritage of the Cane River region, and for other needs including-- (1) recognizing areas important to the Nation's heritage and identity; (2) assisting in the preservation and enhancement of the cultural landscape and traditions of the Cane River region; (3) providing a framework for those who live within this important dynamic cultural landscape to assist in preservation and educational actions; [and] (4) fostering compatible economic development; (5) enhancing the quality of life for local residents; and [(4)](6) minimizing the need for Federal land acquisition and management. (c) Area Included.--The heritage area shall include-- [(1) an area approximately 1 mile on both sides of the Cane River as depicted on map CARI, 80,000A, dated May 1994; [(2) those properties within the Natchitoches National Historic Landmark District which are the subject of cooperative agreements pursuant to section 304(d) of this Act; [(3) the Los Adaes State Commemorative Area; [(4) the Fort Jesup State Commemorative Area; [(5) the Fort St. Jean Baptiste State Commemorative Area; and [(6) the Kate Chopin House.] (1) the area generally depicted on the map entitled `Revised Boundary of Cane National Heritage Area Louisiana', numbered 494/80021, and dated May 2008; (2) the Fort Jesup State Historic Site; and (3) as satellite site, any properties connected with the prehistory, history, or cultures of the Cane River region that may be the subject of cooperative agreements with the Cane River National Heritage Area Commission or any successor to the Commission. A final identification of all areas and sites to be included in the heritage area shall be included in the heritage area management plan as required in section 403. SEC. 402. CANE RIVER NATIONAL HERITAGE AREA COMMISSION. (a) Establishment.--To assist in implementing the purposes of titles II and III of this Act and to provide guidance for the management of the heritage area, there is established the Cane River National Heritage Area Commission (hereinafter in this title referred to as the ``Commission''). (b) Membership.--The Commission shall consist of [19] 23 members to be appointed no later than 6 months after the date of enactment of this title. The Commission shall be appointed by the Secretary as follows-- (1) one member from recommendations submitted by the Mayor of Natchitoches; (2) one member from recommendations submitted by the Association for the Preservation of Historic Natchitoches; (3) one member from recommendations submitted by the Natchitoches Historic Foundation, Inc.; (4) two members with experience in and knowledge of tourism in the heritage area from recommendations submitted by the Natchitoches Parish Tourist Commission and other local business and tourism organizations; (5) one member from recommendations submitted by the Governor of the State of Louisiana; (6) one member from recommendations submitted by the Police Jury of Natchitoches Parish; (7) one member from recommendations submitted by the [Concern Citizens of Cloutierville] Village of Cloutierville; (8) one member from recommendations submitted by the St. Augustine Historical Society; (9) one member from recommendations submitted by the Black Heritage Committee; (10) one member from recommendations submitted by the Los Adaes/Robeline Community; (11) one member from recommendations submitted by the Natchitoches Historic District Commission; (12) one member from recommendations submitted by the Cane River Waterway Commission; (13) two members who [are landowners in and residents of] own land within the heritage area the heritage area; (14) one member with experience and knowledge of historic preservation from recommendations submitted by the Museum Contents, Inc.; (15) one member with experience and knowledge of historic preservation from recommendations submitted by the President of Northwestern State University of Louisiana; (16) [one member] 2 members with experience in and knowledge of environmental, recreational and conservation matters affecting the heritage area from recommendations submitted by the Natchitoches Sportsmans Association and other local recreational and environmental organizations; [and] (17) 2 members, 1 of whom represents African-American culture and 1 of whom represents Cane River Creole culture, after consideration of recommendations submitted by the Governor of Louisiana; (18) 1 member with knowledge of tourism, after consideration of recommendations by the Secretary of the Louisiana Department of Culture, Recreation and Tourism; and [(17)] (19) the director of the National Park Service, or the Director's designee, ex officio. (c) Duties of the Commission.--The Commission shall-- (1) prepare a management plan for the heritage area in consultation with the National Park Service, the State of Louisiana, the City of Natchitoches, Natchitoches Parish, interested groups, property owners, and the public; (2) consult with the Secretary on the preparation of the general management plan for the historical park; (3) develop cooperative agreements with property owners, preservation groups, educational groups, the State of Louisiana, the City of Natchitoches, universities, and tourism groups, and other groups to further the purposes of titles III and IV of this Act; and (4) identify appropriate entities, such as a non- profit corporation, that could be established to assume the responsibilities of the Commission following its termination. (d) Powers of the Commission.--In furtherance of the purposes of titles III and IV of this Act, the Commission is authorized to-- (1) procure temporary and intermittent services to the same extent that is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable; (2) accept the services of personnel detailed from the State of Louisiana or any political subdivision thereof, and may reimburse the State or political subdivision for such services; (3) upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties; (4) appoint and fix the compensation of such staff as may be necessary to carry out its duties. Staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (5) enter into cooperative agreements with public or private individuals or entities [for research, historic preservation, and education purposes] to further the purposes of title III and this title; (6) make grants to assist in [the preparation of studies that identify, preserve, and plan for the management of the heritage area] carrying out projects or programs that further the purposes of title III of this title; (7) notwithstanding any other provision of law, seek and accept donations of funds or services from individuals, foundations, or other public or private entities and expend the same for the purposes of providing services and programs in furtherance of the purposes of titles III and IV of this Act; [(8) assist others in developing educational, informational, and interpretive programs and facilities;] (8) develop, or assist others in developing, projects or programs to further the purposes of title III and this title; (9) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may consider appropriate; and (10) use the United States mails in the same manner and under the same conditions as other departments or agencies of the United States. (e) Compensation.--Members of the Commission shall receive no compensation for their service on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (f) Chairman.--The Commission shall elect a chairman from among its members. The term of the chairman shall be for 3 years. (g) Terms.--The terms of Commission members shall be for 3 years. Any member of the Commission appointed by the Secretary for a 3-year term may serve after expiration of his or her term until a successor is appointed. Any vacancy shall be filled in the same manner in which the original appointment was made, except that if any of the organizations specified in subsection (b) ceases to exist, the vacancy shall be filled with an at- large member. Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor was appointed. (h) Annual Reports.--The Commission shall submit an annual report to the Secretary identifying its expenses and any income, the entities to which any grants or technical assistance were made during the year for which the report is made, and actions that are planned for the following year. SEC. 403. PREPARATION OF THE PLAN. (a) In General.--Within 3 years after the Commission conducts its first meeting, it shall prepare and submit a heritage area management plan to the Governor of the State of Louisiana. The Governor shall, if the Governor approves the plan, submit it to the Secretary for review and approval. The Secretary shall provide technical assistance to the Commission in the preparation and implementation of the plan, in concert with actions by the National Park Service to prepare a general management plan for the historical park. The plan shall consider local government plans and shall present a unified heritage preservation and education plan for the heritage area. The plan shall include, but not be limited to-- (1) an inventory of important properties and cultural landscapes that should be preserved, managed, developed, and maintained because of their cultural, natural, and public use significance; (2) an analysis of current land uses within the area and how they affect the goals of preservation and public use of the heritage area; (3) an interpretive plan to address the cultural and natural history of the area, and actions to enhance visitor use. This element of the plan shall be undertaken in consultation with the National Park Service and visitor use plans for the historical park; (4) recommendations for coordinating actions by local, State, and Federal governments within the heritage area, to further the purposes of titles III and IV of this Act; and (5) an implementation program for the plan including desired actions by State and local governments and other involved groups and entities. (b) Approval of the Plan.--The Secretary shall approve or disapprove the plan within 90 days after receipt of the plan from the Commission. The Commission shall notify the Secretary of the status of approval by the Governor of Louisiana when the plan is submitted for review and approval. In determining whether or not to approve the plan the Secretary shall consider-- (1) whether the Commission has afforded adequate opportunity, including public meetings and hearings, for public and governmental involvement in the preparation of the plan; and (2) whether reasonable assurances have been received from the State and local governments that the plan is supported and that the implementation program is feasible. (c) Disapproval of the Plan.--If the Secretary disapproves the plan, he shall advise the Commission in writing of the reasons for disapproval, and shall provide recommendations and assistance in the revision plan. Following completion of any revisions to the plan, the Commission shall resubmit the plan to the Governor of Louisiana for approval, and to the Secretary, who shall approve or disapprove the plan within 90 days after the date that the plan is revised. (d) Amendments.-- (1) In general.--An amendment to the management plan that substantially alters the purposes of the heritage area shall be reviewed by the Secretary and approved or disapproved in the same manner as the management plan. (2) Implementation.--The local coordinating entity shall not use Federal funds made available under this title to implement an amendment to the management plan until the Secretary approves the amendment. SEC. 404. TERMINATION OF HERITAGE AREA COMMISSION. (a) Termination.--The Commission shall terminate on [the day occurring 10 years after the first official meeting of the Commission] September 30, 2015. (b) Extension.--The Commission may petition to be extended for a period of not more than 5 years beginning on the day referred to in subsection (a), provided the Commission determines a critical need to fulfill the purposes of titles III and IV of this Act; and the Commission obtains approval from the Secretary, in consultation with the Governor of Louisiana. (c) Heritage Area Management Following Termination of the Commission.--The national heritage area status for the Cane River region shall continue following the termination of the Commission. The management plan, and partnerships and agreements subject to the plan shall guide the future management of the heritage area. The Commission, prior to its termination, shall recommend to the Governor of the State of Louisiana and the Secretary, appropriate entities, including the potential for a nonprofit corporation, to assume the responsibilities of the Commission. (d) Evaluation and Report.-- (1) Evaluation.-- (A) In general.--Not later than 3 years before the date on which authority for Federal funding terminates for the Commission or any successor entity, the Secretary shall conduct an evaluation of the accomplishments of the heritage area. (B) Requirements.--In conducting the evaluation under subparagraph (A), the Secretary shall-- (i) assess the progress of the local management entity with respect to-- (I) accomplishing the purposes of the heritage area; and (II) achieving the goals and objectives of the approved management plan for the heritage area; (ii) analyze the investments of the Federal Government, State, tribal, and local governments, and private entities in the heritage area to determine the impact of the investments; and (iii) review the management structure, partnership relationships, and funding of the heritage area for purposes of identifying the critical components for sustainability of the heritage area. (2) Report.--Based on the evaluation conducted under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) describes the results of the evaluation conducted under that paragraph; and (B) includes a recommendation on the future role of the National Park Service, if any, with respect to the heritage area. * * * * * * *