[Senate Report 110-352]
[From the U.S. Government Publishing Office]
Calendar No. 784
110th Congress Report
SENATE
2d Session 110-352
======================================================================
JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT
ACT
_______
June 16, 2008.--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. 783]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 783) to adjust the boundary of the
Barataria Preserve Unit of the Jean Lafitte National Historical
Park and Preserve in the State of Louisiana, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the Jean Lafitte National Historical Park
and Preserve Boundary Adjustment Act of 2008''.
SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit--Jean Lafitte National
Historical Park and Preserve' numbered 90,000B and dated April 1978,''
and inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100A, and dated December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
Barataria Preserve Unit by donation, purchase with
donated or appropriated funds, transfer from any other
Federal agency, or exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land
depicted on the map described in section 901 as
`Lands Proposed for Addition' may be acquired
by the Secretary only with the consent of the
owner of the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary acquires a parcel of land
described in clause (i), the boundary of the
Barataria Preserve Unit shall be adjusted to
ref1ect the acquisition.
``(iii) Jurisdiction of national park
service.--Administrative jurisdiction over any
Federal land within the areas depicted on the
map described in section 901 as `Lands Proposed
for Addition' is transferred, without
consideration, to the administrative
jurisdiction of the National Park Service, to
be administered as part of the Barataria
Preserve Unit.
``(iv) Easements.--To ensure adequate
hurricane protection of the communities located
in the area, any land identified on the map
described in section 901 that is acquired or
transferred shall be subject to any easements
that have been agreed to by the Secretary and
the Secretary of the Army.'';
(B) in the second sentence, by striking ``The
Secretary may also acquire by any of the foregoing
methods'' and inserting the following:
``(2) French quarter.--The Secretary may acquire by any of
the methods referred to in paragraph (l)(A)'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and interests
in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of and oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting the
following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems; and
``(4) water and air quality.
``(c) Adjacent Land.--With the consent of the owner and the parish
governing authority, the Secretary may--
``(1) acquire land, water, and interests in land and water, by
any of the methods referred to in subsection (a)(l)(A) (including use
of appropriations from the Land and Water Conservation Fund); and
``(2) revise the boundaries of the Barataria Preserve Unit to
include adjacent land and water.''; and
(3) by redesignating subsection (g) as subsection (d).
(c) Definition of Improved Property.--Section 903 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the
fifth sentence by inserting ``(or January 1, 2007, for areas added to
the park after that date)'' after ``January 1, 1977''.
(d) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of
this title, he'' and inserting ``on land, and interests in land and
water managed by the Secretary, except that the Secretary'' .
(e) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
SEC. 3. REFERENCES IN LAW.
(a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
(1) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(2) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(1) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(2) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''.
Purpose
The purpose of S. 783 is to modify the boundary of Jean
Lafitte National Historical Park and Preserve in Louisiana to
add approximately 8,900 acres to the park and to redesignate
the ``Barataria Marsh Unit,'' a unit of the park, as the
``Barataria Preserve Unit.''
Background and Need
Jean Lafitte National Historical Park and Preserve was
established to preserve significant examples of the rich
natural and cultural resources of Louisiana's Mississippi Delta
region. The park consists of six physically separate sites. The
sites include cultural centers in Lafayette, Thibodaux, and
Eunice; the Chalmette Battlefield; Barataria Marsh Unit; and
the park's headquarters and visitor center located in New
Orleans' French Quarter. The Lafayette, Thibodaux, and Eunice
cultural centers preserve and interpret examples of the Acadian
culture of the area. The Chalmette Battlefield and National
Cemetery commemorate the site of the 1815 Battle of New
Orleans. The Barataria Marsh Unit (redesignated in this bill as
the ``Barataria Preserve''), located about 10 miles south of
New Orleans, interprets the culture of those who settled the
area and the unique ecosystem that sustained them, and
preserves a representative example of the Delta's environment,
containing natural levee forests, bayous, swamps, and marshes.
The boundary expansion made by S. 783 would allow the
addition of estuarine and freshwater wetlands to the Barataria
Preserve's boundaries, allowing the boundary to conform to
existing waterways and levee corridors that mark the interface
between developable land and estuarine wetlands. The expanded
boundary would also include wetlands that are part of the
Barataria-Terrebonne National Estuary, the most biologically
productive in North America, which has experienced the highest
rate of land loss of any coastal wetlands.
S. 783 would transfer primarily wetlands that are already
in federal ownership to the National Park Service. A 1996 NPS
boundary study found ``Bayou aux Carpes'' and ``Bayou
Segnette'' to be appropriate and feasible for inclusion within
the boundary of the preserve. These lands are currently
unavailable for public use. The study also concluded that
adding the two areas would enhance interagency management of
the upper Barataria basin. The Bayou aux Carpes area consists
of approximately 2,905 acres. The majority of these acres are
wetlands that were acquired by the Justice Department in 1996
through a settlement agreement. Currently, the Park Service has
constructive possession of the deeds for these lands but no
authority to manage them.
In addition to Bayou aux Carpes, the bill would add
approximately 815 acres of the Bayou Segnette, an area also
known as the ``CIT Tract''. The CIT Tract consists of wetlands
owned by the U.S. Army Corps of Engineers (Corps) as the result
of a separate lawsuit settled in 1994. The Corps has indicated
its willingness to transfer management authority for these
lands to the National Park Service once the Hurricane
Protection Levee is complete and an easement is granted to the
local levee district along the boundary of the tract.
S. 783 would also include approximately 5,820 acres of
private property, in 10 tracts within the park boundary, which
could be acquired by the Secretary of the Interior from willing
sellers. The largest parcel, approximately 5,000 acres known as
the Fleming-Berthoud Plantation, is one of the southernmost
early sugar plantations. It surrounds a 1,000-year-old
prehistoric Indian mound and a historic cemetery on the edge of
Bayou Barataria. Four of the tracts, totaling approximately 250
acres, are extensions of wetland properties already within the
present boundary. An additional 485-acre tract is entirely
wetlands with limited access and no potential for development.
Legislative History
S. 783, sponsored by Senator Landrieu, was introduced on
March 6, 2007. During the 109th Congress, the Committee
considered similar legislation sponsored by Senator Landrieu,
S. 207. The Committee ordered S. 207 to be favorably reported
on February 9, 2005, (S. Rept. 109-25) and the bill passed the
Senate by unanimous consent on July 26, 2005. The House of
Representatives passed a companion measure sponsored by Rep.
Jindal, H.R. 1515, on September 25, 2006. The two bills were
not reconciled prior to the sine die adjournment of the
Congress.
Senator Landrieu sponsored a similar measure during the
108th Congress, S. 2287. The Subcommittee on National Parks
held a hearing on S. 2287 on June 8, 2004, (S. Hrg. 108-638)
and the Committee ordered the bill to be favorably reported on
July 14, 2004 (S. Rept. 108-325). S. 2287 passed the Senate by
unanimous consent on September 15, 2004.
The Subcommittee on National Parks held a hearing on S. 783
on April 26, 2007 (S. Hrg. 110-88). At its business meeting on
May 7, 2008, the Committee ordered S. 783 favorably reported
with an amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on, May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 783, if amended as
described herein.
Committee Amendment
During its consideration of S. 783, the Committee adopted
an amendment in the nature of a substitute. The amendment
references a new map of the proposed addition and clarifies
that the acquisition terms applicable to the addition area do
not apply to the existing park boundary. The amendment also
provides for the transfer of administrative jurisdiction over
other Federally-owned parcels in the proposed addition to the
National Park Service. In addition, the amendment makes several
other technical, clarifying, and conforming changes. The
amendment is explained in detail in the section-by-section
analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Jean Lafitte
National Historical Park and Preserve Boundary Adjustment Act
of 2008''.
Section 2(a) amends section 901 of the enabling legislation
for the Jean Lafitte National Historical Park and Preserve (the
``park'') (16 U.S.C. 230) to incorporate a new boundary map to
reflect the expanded park boundary.
Subsection (b) amends section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) to authorize the
addition of lands within the park's Barataria Preserve Unit (as
redesignated by this Act) from willing sellers. The subsection
also provides that administrative jurisdiction over any Federal
lands within the area to be added to the park is transferred,
without consideration, to the jurisdiction of the National Park
Service, subject to any easements that have been agreed to
between the Secretary of the Interior and the Army Corps of
Engineers to ensure adequate hurricane protection of the
communities located in the area.
Subsection (c) amends section 903 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230b) to allow owners of
improved property within the addition area to have the option
of retaining a right of use and occupancy for non-commercial
residential purposes within the park.
Subsection (d) amends section 905 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230d) to clarify that the
Secretary of the Interior's authority to designate zones and
periods where no hunting is allowed applies to lands and waters
managed by the Secretary.
Subsection (e) makes a conforming change in section 906 of
the park's enabling law (16 U.S.C. 230e).
Section 3 changes the name of the park's Barataria Marsh
Unit to the Barataria Preserve Unit and makes conforming
changes throughout the park's enabling law.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 783--Jean Lafitte National Historical Park and Preserve Boundary
Adjustment Act of 2008
S. 783 would expand by 8,000 acres the boundary of the
Barataria Preserve Unit of the Jean Lafitte National Historical
Park and Preserve in Louisiana. The bill also would allow the
National Park Service (NPS) to acquire land within the unit's
boundaries by transfer from other federal agencies in addition
to other methods such as purchase or donation.
Based on information provided by the NPS and assuming
appropriation of the necessary amounts, CBO estimates that
implementing S. 783 would cost between $1 million and $9
million over the next several years, depending on how much
private land is acquired for the unit and on the final
appraised value of that property. We estimate that acquiring
privately owned wetlands in the acquisition area would cost
around $1 million. Acquisition costs would increase by up to $8
million if the NPS also purchases the 5,000-acre Fleming
Plantation or some of the 86 acres of private uplands in the
Bayou aux Carpes addition area. We estimate that costs to
develop and manage most of the additional acreage would be
minimal, unless the NPS acquires historic buildings associated
with the Fleming Plantation. (In that case, the agency could
incur significant additional costs to restore and maintain such
structures.) Finally, we estimate that the NPS would need about
$200,000 annually to maintain upland areas near the plantation.
Enacting S. 783 would have no effect on direct spending or
revenues.
S. 783 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
On March 9, 2007, CBO transmitted a cost estimate for H.R.
162, the Jean Lafitte National Historical Park and Preserve
Boundary Adjustment Act of 2007, as ordered reported by the
House Committee on Natural Resources on March 7, 2007. H.R. 162
and S. 783 are very similar, but the Senate version would add
more acres to the park, including property containing historic
structures. The CBO cost estimates reflect that difference.
The CBO staff contact for this estimate is Deborah Reis.
This 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. 783. 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. 783, as ordered reported.
Congressionally Directed Spending
S. 783, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
April 26, 2007, subcommittee hearing on S. 783 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 Department of the Interior's
views on S. 783. This bill would adjust the boundary of the
Barataria Preserve Unit of the Jean Lafitte National Historical
Park and Preserve (Park) in Louisiana.
The Department supports S. 783, with a clarifying
amendment. The bill contains an expansion of the acquisition
authority contained in a legislative proposal transmitted by
the Administration in the 108th Congress.
This bill would authorize the Secretary of the Interior
(Secretary) to acquire approximately 3,900 acres adjacent to
the Barataria Preserve (Preserve) unit of the park that were
recommended by a 1996 boundary study. This bill would also
authorize the Secretary to acquire approximately 5,000 acres of
a historic plantation from willing sellers. These private lands
and waters would be added to the boundary of the Preserve only
after they are acquired. Acquisition of all the lands and
waters authorized by this bill would increase the authorized
size of the Preserve from approximately 18,400 acres to
approximately 27,300 acres. Finally, the bill would make
clarifying amendments to Title IX of the National Parks and
Recreation Act of 1978, the legislation that established the
park.
The Jean Lafitte National Historical Park and Preserve was
established to preserve significant examples of the rich
natural and cultural resources of Louisiana's Mississippi Delta
region. The park illustrates the influence of environment and
history on the development of a unique regional culture. The
Barataria Preserve, one of the park's six units and currently
consisting of approximately 18,400 acres, is located in
Jefferson Parish, about 10 miles south of New Orleans.
The boundary expansion proposed by S. 783 would allow the
addition of estuarine and freshwater wetlands to the Barataria
Preserve's boundaries, allowing the boundary to more closely
conform to existing waterways and levee corridors that mark the
interface between developable land and estuarine wetlands. The
expanded boundary would also protect wetlands that are part of
the Barataria-Terrebonne National Estuary, the most
biologically productive estuary in North America and a natural
buffer for tropical storm surges. This estuary has experienced
the highest rate of land loss of any of our coastal wetlands.
Two of the areas proposed for acquisition--Bayoux aux
Carpes and Bayou Segnette--total 3,905 acres and were studied
by NPS in 1996 and found to be appropriate and suitable
additions to the park. These areas were proposed for
acquisition in an Administration legislative proposal forwarded
to Congress during the 108th Congress.
Approximately 3,084 of the 3,905 acres in these areas are
in federal ownership as the result of the settlements of
lawsuits, one by the Department of Justice and one by the U.S.
Army Corps of Engineers. S. 783 would transfer these areas to
the NPS. Currently, the NPS has constructive possession of the
deeds for the 2,268 acres owned by the Department of Justice,
but no authority to manage them. The Corps has indicated its
willingness to transfer management authority for their 815
acres of lands to the NPS once the Hurricane Protection Levee
is complete and an easement is granted to the local levee
district along the boundary of the tract. There are also
approximately 821 acres of non-federal land within these areas.
All but 86 of those acres are either undevelopable
jurisdictional wetlands or state owned highway or levee right-
of-ways which could only be acquired by donation. All of the
non-federal landowners within Bayou aux Carpes have been
contacted about being included within the boundary and none
have objected. Several have actively supported inclusion of
their property within the proposed boundary.
S. 783 would also allow the Secretary to acquire the 5,000-
acre Fleming (formerly Mavis Grove) Plantation. While most of
the Plantation is composed of wetlands that would offer
recreation and watershed protection, the Plantation also
contains a 2,000 year old Native American ceremonial mound, one
of the most intact prehistoric sites remaining in the delta
region. The Plantation is owned by the Fleming family LLC and
individual Fleming family members. A representative for the
Fleming family has contacted the National Park Service and
members of Congress to encourage that the Plantation be added
to the Preserve.
In an Administration proposal submitted to Congress during
the 108th Congress, the National Park Service estimated the
costs of 821 acres of these private lands. Of the 821 acres,
roughly 735 acres were wetlands that had been recently
appraised at $170,000, or less than $300 per acre.
Approximately 86 of these acres were developable, but were
accessible only by a dirt road and do not include utilities,
highway or waterfront access. These lands are expected to cost
$25,000 per acre, or approximately $2.1 million for 86 acres.
Costs for the Fleming plantation are not available at this
time.
No funding has yet been identified for any of the
acquisitions proposed in this bill. Funding for any of these
purposes would be subject to the budget prioritization process
of the National Park Service.
The expanded boundary proposed in S. 783 would also include
State-owned highway rights-of-way and State-owned hurricane
protection levee properties that run along the current
boundary. Although these properties would remain in State
ownership, their inclusion within the new boundary would
provide opportunities for partnerships between the NPS and the
State or its subdivisions for law enforcement and boundary
patrol.
Managing the additional lands, consisting of boat patrols
conducted with varying frequency, could have an effect on park
operational costs. Because the lands would remain undeveloped
we estimate that it could cost approximately an additional
$100,000 to manage them. A more accurate budget estimate would
depend upon many factors, including the ability of the Park to
reallocate resources and future plans for the addition. The
addition of the federal properties would not contribute to the
maintenance backlog because no facilities would be added and
the federal lands would be acquired by direct transfer and
would not involve acquisition costs other than those to process
the transfer.
The NPS has had extensive consultations with local
governments and taken appropriate steps to increase public
awareness on the proposed actions in S. 783. In 1999, both the
Jefferson Parish Council and the Village of Jean Lafitte
adopted resolutions that support the Federal land transfers.
S. 783 would also amend Title IX of the National Parks and
Recreation Act of 1978 to make corrections in the name of the
park and the Barataria unit and amend several provisions that
are obsolete or need clarification, including removing
references to a ``Park Protection Zone'' that was never
established by local or State government.
S. 783 appears to modify the authority given to the
Department by the 1978 act that authorized the park. The
Department would like to work with the committee to make
certain that acquisition authority within the existing Preserve
remains consistent with the 1978 act, and that boundary
adjustment language is consistent with bills in previous
Congresses.
Mr. Chairman, that completes my testimony. I would be
pleased to answer any questions you or other 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. 783 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 authorize additional appropriations for the acquisition of
lands and interests in lands within the Sawtooth National Recreation
Area in Idaho
(Public Law 95-625; Approved November 10, 1978)
[16 U.S.C. 230 et seq.]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE IX
[JEAN LAFITTE NATIONAL HISTORICAL PARK]
Jean Lafitte National Historical Park and Preserve
Sec. 901. In order to preserve for the education,
inspiration, and benefit of present and future generations
significant examples of natural and historical resources of the
Mississippi Delta region and to provide for their
interpretation in such manner as to portray the development of
cultural diversity in the region, there is authorized to be
established in the State of Louisiana the [Jean Lafitte
National Historical Park] Jean Lafitte National Historical Park
and Preserve (hereinafter referred to as the ``park''). The
park shall consist of (1) the area [of approximately twenty
thousand acres generally depicted on the map entitled
``Barataria Marsh Unit-Jean Lafitte National Historical Park
and Preserve'' numbered 90,000B and dated April 1978,]
generally depicted on the map entitled ``Boundary Map Barataria
Preserve Unit, Jean Laffitte National Historical Park and
Preserve,'' numbered 467/80100A, and dated December 2007, which
shall be on file and available for public inspection in the
office of the National Park Service, Department of the
Interior; (2) the area known as Big Oak Island; (3) an area or
areas within the French Quarter section of the city of New
Orleans as may be designated by the Secretary of the Interior
for an interpretive and administrative facility; (4) folk life
centers to be established in the Acadian region; (5) the
Chalmette National Historical Park; and (6) such additional
natural, cultural, and historical resources in the French
Quarter and Garden District of New Orleans, forts in the delta
region, plantations, and Acadian towns and villages in the
Saint Martinville area and such other areas and sites as are
subject to cooperative agreements in accordance with the
provisions of this part.
Sec. 902. [(a) Within the Barataria Marsh Unit the
Secretary is authorized to acquire not to exceed eight thousand
six hundred acres of lands, waters, and interests therein
(hereinafter referred to as the ``core area''), as depicted on
the map referred to in section 230 of this title, by donation,
purchase with donated or appropriated funds, or exchange.]
(a) In General.--
(1) Barataria preserve unit.--
(A) In general.--The Secretary may acquire
any land, water, and interests in land and
water within the Barataria Preserve Unit by
donation, purchase with donated or appropriated
funds, transfer from any other Federal agency,
or exchange.
(B) Limitations.--
(i) In general.--Any non-Federal land
depicted on the map described in
section 901 as ``Lands Proposed for
Addition'' may be acquired by the
Secretary only with the consent of the
owner of the land.
(ii) Boundary adjustment.--On the
date on which the Secretary acquires a
parcel of land described in clause (i),
the boundary of the Barataria Preserve
Unit shall be adjusted to reflect the
acquisition.
(iii) Jurisdiction of national park
service.--Administrative jurisdiction
over any Federal land within the areas
depicted on the map described in
section 901 as ``Lands Proposed for
Addition'' is transferred, without
consideration, to the administrative
jurisdiction of the National Park
Service, to be administered as part of
the Barataria Preserve Unit.
(iv) Easements.--To ensure adequate
hurricane protection of the communities
located in the area, any land
identified on the map described in
section 901 that is acquired or
transferred shall be subject to any
easements that have been agreed to by
the Secretary and the Secretary of the
Army. [The Secretary may also acquire
by any of the foregoing methods]
(2) French quarter.--The Secretary may acquire by any
of the methods referred to in paragraph (1)(A) such
lands and interests therein, including leasehold
interests, as he may designate in the French Quarter of
New Orleans for development and operation as an
interpretive and administrative facility. [Lands,
waters, and interests therein]
(3) Acquisition of state land.--Land, water, and
interests in land and water owned by the State of
Louisiana or any political subdivision thereof may be
acquired only by donation. [In acquiring]
(4) Acquisition of oil and gas rights.--In acquiring
property pursuant to this part, the Secretary may not
acquire right to oil and gas without the consent of the
owner, but the exercise of such rights shall be subject
to such regulations as the Secretary may promulgate in
furtherance of the purposes of this part.
[(b) With respect to the lands, waters, and interests
therein generally depicted as the ``park protection zone'' on
the map referred to in section 230 of this title, the Secretary
shall, no later than six months from November 10, 1978, in
consultation with the affected State and local units of
government, develop a set of guidelines or criteria applicable
to the use and development of properties within the park
protection zone to be enacted and enforced by the State or
local units of government.
[(c) The purpose of any guideline developed pursuant to
subsection (b) of this section shall be to preserve and protect
the following values within the core area:
[(1) fresh water drainage patterns from the park
protection zone into the core area;
[(2) vegetative cover;
[(3) integrity of ecological and biological systems;
and
[(4) water and air quality.
[(d) Where the State or local units of government deem it
appropriate, they may cede to the Secretary, and the Secretary
is authorized to accept, the power and authority to confect and
enforce a program or set of rules pursuant to the guidelines
established under subsection (b) of this section for the
purpose of protecting the values described in subsection (c) of
this section.
[(e) The Secretary, upon the failure of the State or local
units of government to enact rules pursuant to subsection (b)
of this section or enforce such rules so as to protect the
values enumerated in subsection (c) of this section, may
acquire such lands, servitudes, or interests in lands within
the park protection zone as he deems necessary to protect the
values enumerated in subsection (c) of this section.
[(f) The Secretary may revise the boundaries of the park
protection zone, notwithstanding any other provision of law, to
include or exclude properties, but only with the consent of
Jefferson Parish.]
(b) Resource Protection.--With respect to the land, water,
and interests in land and water of the Barataria Preserve Unit,
the Secretary shall preserve and protect--
(1) fresh water drainage patterns;
(2) vegetative cover;
(3) the integrity of ecological and biological
systems; and
(4) water and air quality.
(c) Adjacent Land.--With the consent of the owner and the
parish governing authority, the Secretary may--
(1) acquire land, water, and interests in land and
water, by any of the methods referred to in subsection
(a)(1)(A) (including use of appropriations from the
Land and Water Conservation Fund); and
(2) revise the boundaries of the Barataria Preserve
Unit to include adjacent land and water.
[(g)] (d) The Secretary is authorized to acquire lands or
interests in lands by donation, purchase with donated or
appropriated funds or exchange, not to exceed approximately 20
acres, in Acadian villages and towns. Any lands so acquired
shall be developed, maintained and operated as part of the
[Jean Lafitte National Historical Park.] Jean Lafitte National
Historical Park and Preserve.
Sec. 903. Within the [Barataria Marsh Unit,] Barataria
Preserve Unit the owner or owners of improved property used for
noncommercial residential purposes on a year-round basis may,
as a condition of the acquisition of such property by the
Secretary, elect to retain a right of use and occupancy of such
property for noncommercial residential purposes if, in the
judgment of the Secretary, the continued use of such property
for a limited period would not unduly interfere with the
development or management of the park. Such right of use and
occupancy may be either a period ending on the death of the
owner or his spouse, whichever occurs last, or a term of not
more than twenty-five years, at the election of the owner.
Unless the property is donated, the Secretary shall pay to the
owner the fair market value of the property less the fair
market value of the right retained by the owner. Such right may
be transferred or assigned and may be terminated by the
Secretary, if he finds that the property is not used for
noncommercial residential purposes, upon tender to the holder
of the right an amount equal to the fair market value of the
unexpired term. As used in this section, the term ``improved
property'' means a single-family, year-round dwelling, the
construction of which was begun before January 1, 1977, (or
January 1, 2007 for areas added to the park after that date)
which serves as the owner's permanent place of abode at the
time of its acquisition by the United States, together with not
more than three acres of land on which the dwelling and
appurtenant buildings are located which the Secretary finds is
reasonably necessary for the owner's continued use and
occupancy of the dwelling.
* * * * * * *
Sec. 905. Within the [Barataria Marsh Unit] Barataria
Preserve Unit, the Secretary shall permit hunting, fishing
(including commercial fishing), and trapping in accordance with
applicable Federal and State laws, [except that within the core
area and on those lands acquired by the Secretary pursuant to
section 902(c) of this title, he] on land, and interests in
land and water managed by the Secretary, except that the
Secretary may designate zones where and establish periods when
no hunting, fishing, or trapping shall be permitted for reasons
of public safety. Except in emergencies, any regulations of the
Secretary promulgated under this section shall be put into
effect only after consultation with the appropriate fish and
game agency of Louisiana.
Sec. 906. [The Secretary shall establish the park by
publication of a notice to that effect in the Federal Register
at such time as he finds that, consistent with the general
management plan referred to in section 908, sufficient lands
and interests therein (i) have been acquired for interpretive
and administrative facilities, (ii) are being protected in the
core area, and (iii) have been made the subject of cooperative
agreements pursuant to section 904. Pending such establishment
and thereafter the] The Secretary shall administer the park in
accordance with the provisions of this title, the Act of August
25, 1916 (39 Stat. 535), the Act of August 21, 1935 (49 Stat.
666), and any other statutory authorities available to him for
the conservation and management of natural, historical, and
cultural resources.
* * * * * * *
Sec. 909. The area described in the Act of October 9, 1962
(76 Stat. 755), as the ``Chalmette National Historical Park''
is hereby redesignated as the Chalmette Unit of the [Jean
Lafitte National Historical Park] Jean Lafitte National
Historical Park and Preserve. Any references to the Chalmette
National Historical Park shall be deemed to be references to
said Chalmette Unit.
* * * * * * *