S. 2846 (101st): A bill to authorize and direct the Secretary of the Interior to conduct a study of the ...
...feasibility of establishing a unit of the National Park System to interpret and commemorate the origins, development, and progression of jazz in the Un
PUBLIC LAW 101-499—NOV. 2,1990 104 STAT. 1209 Public Law 101-499 101st Congress An Act To authorize and direct the Secretary of the Interior to conduct a study of the feasibility of establishing a unit of the National Park System to interpret and Nov. 2, 1990 commemorate the origins, development, and progression of jazz in the United [S. 2846] States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Louisiana. Historic SECTION 1. SUITABILITY AND FEASIBILITY STUDY. preservation. (a) I N GENERAL.—In order to determine an appropriate means of preserving eind interpreting the origins, development and progres- sion of the music known as jazz, a music that has gained worldwide influence and respect and represents this Nation's unique contribu- tion to the musical arts, the Secretary of the Interior Oiereinafter referred to as the "Secretary"), in consultation with the Secretaiy of the Smithsonian Institution, shall conduct a study of the suitability £uid feasibility of preserving and interpreting the origins of jazz in New Orleans, including establishing, or adding to, a unit of the National Park System, or providing technical and financial assist- ance. Such study shall recognize the origins of jazz in New Orleans, Jelly Roll the city in which the cultural strains that became jazz were fused to Morton. form this unique American music, and the birthplace of such Sidney Bechet. Louis major jazz artists as Jelly Roll Morton, Sidney Bechet, and Louis Armstrong. Armstrong. Qo) SITES OR STRUCTURES.—(1) The study shall include a determina- tion as to which sites or structures in New Orleans associated with the origin and early history of jazz exhibit the necessary historical £md physical integrity to make them suitable and feasible for administration, protection, and preservation by the National Park System for the use and benefit of the public. Prior to making any such determination, the Secretary shall consult with and carefully consider the views of affected local citizens and neighborhood groups. (2) With respect to any such site or structure determined to be suitable and feasible, the study shall include an analysis of potential management alternatives that involve the participation of public and private entities in the preservation of jazz as an American art form, including interpretive performances pursuant to cooperative agreements with the Secretary. (3) In the event appropriate sites or structures cannot be identi- fied, the study shall also consider and make recommendations concerning sites which would serve as an appropriate location to commemorate the origins and early history of jazz in New Orleans. (c) ADDITIONAL RECOMMENDATIONS.—The study shall also include recommendations for— (1) public outreach programs; (2) the establishment of a jazz education center; (3) the appropriate Federal role, including through coopera- tive agreements, in supporting second line bands and in preserv-
104 STAT. 1210 PUBLIC LAW 101-499—NOV. 2, 1990 ing the unique contributions to the development of jazz made by neighborhood social and pleasure clubs, including recommenda- tions for interpretive performances by such clubs and other programs to assure that the contributions of such clubs are preserved; and (4) the need for the preservation and dissemination of information about existing public and private archival collec- tions (with potential alternatives for an appropriate Federal role) and possible management alternatives including coopera- tive agreements with existing public and private facilities and institutions. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK. The study shall also assess and include a recommendation concerning the desirability and feasibility of including any site or structure identified pursuant to section 1(b) to be managed as a unit of the Jean Lafitte National Historical Park. SEC. 3. SUBMISSION OF STUDY. The Secretary shall submit the study referred to in section 1 to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives no later than one year Eifter the date funds are made available for such study, together with any recommendations for further legislation. SEC. 4. PRESERVATION OF JAZZ ADVISORY COMMISSION. (a) EsTABUSHMENT OF THE COMMISSION.—There is hereby estab- lished the Preservation of Jazz Advisory Commission (hereinafter referred to as the "Commission"). The Commission shall consist of fifteen members who shall be appointed within ninety days after enactment of this Act as follows: (1) one member to be appointed jointly by the Speaker of the United States House of Representatives and the President Pro Tempore of the United States Senate; (2) the Mayor of the city of New Orleans or the Mayor's designee; (3) one member who shall have experience in music education programs emphasizing jazz, to be appointed by the Secretary from among recommendations submitted by the Mayor of New Orleans; (4) one member who is knowledgeable about tourism, to be appointed by the Secretary from among recommendations submitted by local business and economic development groups; (5) one member to be appointed by the Secretary from among recommendations submitted by the producers of the New Orleans Jazz and Heritage Festival who shall have experience in the production of such Festival; (6) one member to be appointed by the Secretary from among recommendations submitted by representatives of local historic preservation groups; (7) one member who is a recognized musician with knowledge and experience in the development of jazz in New Orleans, to be appointed by the Chairman of the National Endowment of the Arts; (8) one member who is a recognized local expert on the history and development of jazz in New Orleans and is familiar with
PUBLIC LAW 101-499—NOV. 2, 1990 104 STAT. 1211 existing local archival materials, to be appointed jointly by the Chairman of the National Endowment on the Humanities and the Librsirian of Congress; (9) three members with recognized expertise in jazz, cultural or folklife preservation and interpretation, to be appointed by the Secretary of the Smithsonian Institution; (10) one member to be appointed by the Secretary who shall be a resident of the Treme neighborhood of New Orleans; (11) one member who shall be selected from recommendations submitted by local social and pleasure clubs, to be appointed by the Chairman of the National Endowment of the Arts; (12) one member to be appointed by the (jovemor of Louisiana who shall be a member of the Louisiana State Music Conunis- sion; and (13) the Chairman of the Delta Region Preservation dlommis- sion who shall serve as an ex officio member of the (])ommission. (b) DUTIES OF THE COMMISSION.—The (Commission shall advise the Secretary in the preparation of the suitability and feasibility study required by section 1, and the views of the Commission members shall be included in the study transmitted to the dlongress as provided in section 3. (c) MEMBERSHIP.—No person who is an employee of the Depart- ment of the Interior shall be appointed to serve as a member of the (Dommission. (d) COMPENSATION.—Members of the (Dommission shall serve with- out compensation. Members of the Commission shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States CJode. (e) CHAIRPERSON.—The dlommission shall elect a chairperson from among its members. (f) QUORUM.—A simple majority of the members of the Commis- sion shall constitute a quorum. (g) MEETINGS.—The Clommission shall meet at least quarterly or upon the call of the Chairperson or a majority of its members. (h) PuBUC HEARINGS.—The Commission shall hold no less than three public hearings in New Orleans to consider the views of the public concerning the most appropriate means to commemorate jazz in the United States. At least one such hearing shall be held in the Treme neighborhood of New Orleans. (i) STAFF.—The National Park Service shall provide staff support and technical assistance as may be necessary to carry out the functions of the Commission. (j) TERMINATION OF COMMISSION.—The C!ommission shall termi- nate 60 days after the transmittal of the report to CJongress.
104 STAT. 1212 PUBLIC LAW 101-499—NOV. 2, 1990 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Approved November 2, 1990. LEGISLATIVE HISTORY—S. 2846: HOUSE REPORTS: No. 101-879 (Cbmm. on Interior and Insular Affairs). SENATE REPORTS: No. 101-469 (Coram, on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990): Sept. 26, considered and passed Senate. Oct. 15, considered and passed House, amended. Oct. 19, Senate concurred in House amendment.