§ 230. Establishment; description of area

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–625 title IX · 92 Stat. 3467

   Enacted · 16 U.S.C. § 230

   Pub. L. 95–625, title IX, §§ 901, 909, Nov. 10, 1978, 92 Stat. 3534, 3538

   Source evidence

   Code source credit
   Pub. L. 95–625, title IX, §§ 901, 909, Nov. 10, 1978, 92 Stat. 3534, 3538

   Enacted provision · exact public law
   TITLE IX— JEAN LAFITTE NATIONAL HISTORICAL PARK 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 and Preserve (hereinafter referred to as the “park”). Description. 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, 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) the Chalmette National Historical Park; and (5) 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 Martin ville area and such other areas and sites as are subject to cooperative agreements in accordance with the provisions of this title. Sec. 902. (a) Within the Barataria Marsh Unit the Secretary is Lands, waters and interests, acquisition. 16 USC 230a. authorized to acquire not to exceed eight thousand acres of lands, waters, and interests therein (hereinafter referred to as the “core area”), as depicted on the map referred to in the first section of this title, by donation, purchase with donated or appropriated funds, or exchange. The Secretary may also acquire by any of the foregoing methods 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 owned by the State of Louisiana or any political subdivision thereof may be acquired only by donation. In acquiring property pursuant to this title, the Secretary may not acquire rights 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 title. (b) With respect to the lands, waters, and interests therein generally Guidelines or criteria, consultation. depicted as the “park protection zone” on the map referred to in the first section of this title, the Secretary shall, no later than six months from the date of enactment of this Act, 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 Values, preservation and protection. (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, Authority, ceding. 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 Acquisitions. 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 Boundaries, revision. zone, notwithstanding any other provision of law, to include or exclude properties, but only with the consent of Jefferson Parish. Sec. 903. Within the Barataria Marsh 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 “Improved property.” 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, 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. 904. In furtherance of the purposes of this title, and after consultation with the Commission created by section 7 of this title, the Secretary is authorized to enter into cooperative agreements with the owners of properties of natural, historical, or cultural significance, including but not limited to the resources described in paragraphs (1) through (5) of the first section of this title, pursuant to which the Secretary may mark, interpret, restore and/or provide technical assistance for the preservation and interpretation of such properties, and pursuant to which the Secretary may provide assistance including management services, program implementation, and incremental financial assistance in furtherance of the standards for administration of the park pursuant to section 906 of this title. Such agreements shall contain, but need not be limited to, provisions 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 such agreement for the purpose of conducting visitors through such properties and interpreting them to the public, and that no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to such agreements. The agreements may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, interpretation, and maintenance of such properties. Sec. 905. Within the Barataria Marsh 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 may designate zones where and establish periods when no hunting, fishing, or trapping shall be Consultation. 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 Notice, publication in Federal Register. 16 USC 230e. 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 secton 904. Pending such establishment and Administration. thereafter the Secretary shall administer the park in accordance with the provisions of this title, the Act of August 25, 1916 (39 Stat. 535), 16 USC 1 et seq. 16 USC 461 note. 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. 907. (a) There is established the Delta Region Preservation Delta Region Preservation eommission, establishment and membership. 16 USC 230f. Commission (hereinafter referred to as the “Commission”), which shall consist of the following: (1) two members appointed by the Governor of the State of Louisiana; (2) two members appointed by the Secretary from recommendations submitted by the President of Jefferson Parish; (3) two members appointed by the Secretary from recommendations submitted by the Jefferson Parish Council; (4) two members appointed by the Secretary from recommendations submitted by the mayor of the city of New Orleans; (5) one member appointed by the Secretary from recommendations submitted by the commercial fishing industry; (6) three members appointed by the Secretary from recommendations submitted by local citizen conservation organizations in the delta region; and (7) one member appointed by the Chairman of the National Endowment for the Arts. (b) Members of the Commission shall serve without compensation Compensation and expenses. as such. The Secretary is authorized to pay the expenses reasonably incurred by the non-Federal members of the Commission in carrying out their duties. (c) The function of the Commission shall be to advise the Secretary Functions. in the selection of sites for inclusion in the park, in the development and implementation of a general management plan, and in the development and implementation of a comprehensive interpretive program of the natural, historic, and cultural resources of the region. The Commission shall inform interested members of the public, the State of Louisiana and its political subdivisions, and interested Federal agencies with respect to existing and proposed actions and programs having a material effect on the perpetuation of a high-quality natural and cultural environment in the delta region. (d) The Commission shall act and advise by affirmative vote of a majority of its members; Provided, That any recommendation of the Commission that affects the use or development, or lack thereof, of property located solely within a single parish or municipality shall have the concurrence of a majority of the members appointed from recommendations submitted by such parish or municipality. (e) The Directors of the Heritage Conservation and Recreation Service and the National Park Service shall serve as ex officio members of the Commission and provide such staff support and technical services as may be necessary to carry out the functions of the Commission. Sec. 908. (a) There is authorized to be appropriated, to carry out Appropriation authorization. 16 USC 230g. the provisions of this title, not to exceed $50,000,000 from the Land and Water Conservation Fund for acquisition of lands, waters, and interests therein and such sums as necessary for the development of essential facilities. (b) General management plan, submittal to congressional committees. Within three years from the date of enactment of this title, the Secretary, after consultation with the Commission, shall submit to the Committee on Interior and Insular Affairs of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a general management plan for the park indicating— (1) transportation alternatives for public access to the park; (2) the number of visitors and types of public use within the park which can be accommodated in accordance with the protection of its resources; (3) the location and estimated cost of facilities deemed necessary to accommodate such visitors and uses; and (4) a statement setting forth the actions which have been and should be taken to assure appropriate protection, interpretation, and management of the areas known as Big Oak Island and Couba Island. 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. Any references to the Chalmette National Historical Park shall be deemed to be references to said Chalmette Unit. Sec. 910. By no later than the end of the first full fiscal year following the date of enactment of this section, the Secretary shall submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive report with recommendations as to sites within the Mississippi River Delta Region which constitute nationally significant examples of natural resources within that region.

2. 1988

   Pub. L. 100–250 § 1(a) · 102 Stat. 16

   1. Added · 16 U.S.C. § 230

      Pub. L. 100–250 added cl. (4)

   2. Redesignated · 16 U.S.C. § 230

      Pub. L. 100–250 redesignated former cls. (4) and (5) as (5) and (6), respectively

   Source evidence

   Code amendment note
   Pub. L. 100–250 added cl. (4) and redesignated former cls. (4) and (5) as (5) and (6), respectively.

3. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 § 7105(f)(2)(B) · 123 Stat. 991

   Substituted · 16 U.S.C. § 230

   Pub. L. 111–11, § 7105(f)(2)(B), which directed amendment of title IX of Pub. L. 95–625 by substituting “Jean Lafitte National Historical Park and Preserve” for “Jean Lafitte National Historical Park” each place it appears, was not executed to first sentence or cl. (1) of second sentence of this section, to reflect the probable intent of Congress, because “Jean Lafitte National Historical Park” already appeared in those places preceding “and Preserve”

   Source evidence

   Code amendment note
   Pub. L. 111–11, § 7105(f)(2)(B), which directed amendment of title IX of Pub. L. 95–625 by substituting “Jean Lafitte National Historical Park and Preserve” for “Jean Lafitte National Historical Park” each place it appears, was not executed to first sentence or cl. (1) of second sentence of this section, to reflect the probable intent of Congress, because “Jean Lafitte National Historical Park” already appeared in those places preceding “and Preserve”.

   Enacted provision · exact public law section
   (B) by striking “Jean Lafitte National Historical Park” each place it appears and inserting “Jean Lafitte National Historical Park and Preserve”.

4. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 § 7105(a) · 123 Stat. 991

   Substituted · 16 U.S.C. § 230

   Pub. L. 111–11, § 7105(a), in second sentence, substituted “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,” for “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,”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–11, § 7105(a), in second sentence, substituted “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,” for “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,”.

   Enacted provision · exact public law section
   (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,”.

2 of 5 references resolved to an enrolled provision · 3 partial