PUBLIC LAW 101-543 -- NOV. 8, 1990 104 STAT. 2389

Public Law 101-543
101st Congress

An act to provide for the preservation and interpretation of sites associated with Acadian culture in the State of Maine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Maine Acadian Culture Preservation Act".

SECTION 2. PURPOSES.

The purposes of this Act are to --

1. recognize an important contribution made to American culture and history by the Acadian immigrants from France who settled in Nova Scotia and, following expulsion by the British in 1755, resettled in various North American colonies, including the territory that eventually became the State of Maine;
2. assist local and State governments and other public and private entities in the State of Maine in interpreting the story of the State's Acadian settlers and their descendants as well as preserving Acadian music, arts, crafts, and folklore; and
3. assist in identifying, gathering, and preserving sites, historical data, artifacts, and objects associated with the Acadians in Maine for the benefit and education of the public.

SECTION 3. MAINE ACADIAN CULTURE PRESERVATION COMMISSION.

a. ESTABLISHMENT. -- There is hereby established the Maine Acadian Culture Preservation Commission (hereafter in this Act referred to as the "Commission"), which shall consist of 11 members appointed by the Secretary of the Interior (hereafter in this Act referred to as the "Secretary") not later than 6 months after the date of enactment of this Act, as follows:

1. One member, who shall serve as Chair, appointed from among recommendations submitted by the Governor of the State of Maine.
2. One member appointed from among recommendations submitted by the Speaker of the House of Representatives of the State of Maine.
3. One member appointed from among recommendations submitted by the President of the Senate of the State of Maine.
4. One member appointed from among recommendations submitted by the Chancellor of the University of Maine System.
5. Three members appointed from among recommendations submitted by the State and local historic, cultural or historic preservation organizations.
6. Four members who are nationally recognized experts in fields of history, historic preservation, anthropology, and folklore, appointed by the Secretary.

b. TERMS. --

1. Members of the Commission shall be appointed for terms not to exceed three years.
2. The Secretary may stagger the terms of initial appointments to the Commission in order to assure continuity in operation.
3. Any member of the Commission may serve after the expiration of his or her term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

c. VOTING. -- The Commission shall act and advise by affirmative vote of a majority of its members.

d. COMPENSATION. -- Members of the Commission shall receive no pay on account of their service on the Commission, but while away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5, United States Code.

e. EXEMPTION FROM CHARTER RENEWAL REQUIREMENTS. -- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C App.) shall not apply to the Commission.

f. TERMINATION. -- The Commision shall terminate 10 years from the date of enactment of this Act.

g. SUPPORT. -- The Directory of the National Park Service is authorized to provide such staff support and technical services as may be necessary to carry out the functions of the Commission.

SECTION 4. DUTIES OF THE COMMISSION.

The Commission shall advise the Secretary with respect to --

1. the selection of sites for interpretation and preservation by means of cooperative agreements pursuant to section 6; and
2. the development and implementation of an interpretive program of the Acadian culture in the State of Maine pursuant to section 7(d).

SECTION 5. STUDY.

Within 1 year after the date of enactment on this Act, the Secretary shall prepare and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a comprehensive study of Acadian culture in Maine.

SECTION 6. COOPERATIVE AGREEMENTS.

a. IN GENERAL. -- In furtherance of the purposes of this Act, the Secretary is authorized, after consultation with the Commission, to enter into cooperative agreements with the owners of properties of natural, historical, or cultural significance associated with the Acadian people in the State of Maine, pursuant to which agreements the Secretary may mark, interpret, restore, and provide technical assistance for the preservation of such properties and pursuant to which the Secretary may provide assistance, including management services and program implementation.

b. RIGHT OF ACCESS. -- Each cooperative agreement shall provide that the Secretary, through the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purpose of conducting visitors through such properties and interpreting them to the public.

c. ALTERATION OF PROPERTIES. -- Each cooperative agreement shall provide that no changes or alterations shall be made in the property covered by the agreement except by mutual agreement between the Secretary and the other party to the agreement.

SECTION 7. ACADIAN CULTURAL CENTER.

a. IN GENERAL. -- The Secretary is authorized, after completion of the study required by section 5, to establish a center for the preservation and interpretation of Acadian culture within the State of Maine.

b. ACQUISITION OF LAND. -- The Secretary is authorized to acquire lands and interests therein, not to exceed 20 acres in total, by donation, purchase with donated or appropriated funds, or exchange and to develop, operate, and maintain facilities and to develop and operate programs at the center in furtherance of the purposes of this Act.

c. OPERATION. -- The Secretary may contract with public and private entities for the operation of the center in accordance with program standards approved by the Secretary.

d. INTERPRETIVE PROGRAM. -- In coordination with the Commission, the Secretary shall develop an interpretive program of the Acadian culture in the State of Maine.

e. STATUTORY AUTHORITY. -- The Secretary shall administer properties acquired and cooperative agreements entered into pursuant to this Act in accordance with the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (16 U.S.C. 1 et seq.) and other statutory authority for the conservation and management of natural, historical, and cultural resources.

SECTION 8. AUTHORIZATION OF APPROPRIATIONS.

a. COMMISSION. -- For the purposes of carrying out the functions of the Commission, there are authorized to be appropriated such sums as may be necessary, not to exceed $250,000.

b. OTHER PURPOSES. --

1. To carry out the other purposes of this Act, there are authorized to be appropriated such sums as may be necessary, subject to the limitations of paragraph (2).
2. With respect to cooperative agreements entered into pursuant to section 6, and the provisions dealing with the Acadian Cultural Center in subsections 7(a) through (c), the Secretary is authorized to expend not more than 50 percent of the aggregate cost of performing those functions. The remainder of such cost shall be paid by non-Federal funds.