§ 230a. Acquisition of property

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 § 902 · 92 Stat. 3467

   Enacted · 16 U.S.C. § 230a

   Pub. L. 95–625, title IX, § 902, Nov. 10, 1978, 92 Stat. 3535

   Source evidence

   Code source credit
   Pub. L. 95–625, title IX, § 902, Nov. 10, 1978, 92 Stat. 3535

   Enacted provision · exact public law section
   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.

2. 1979

   Pub. L. 96–87 title IV § 401(q)(1) · 93 Stat. 664

   Substituted · 16 U.S.C. § 230a(a)

   Pub. L. 96–87 substituted “eight thousand six hundred acres” for “eight thousand acres”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–87 substituted “eight thousand six hundred acres” for “eight thousand acres”.

   Enacted provision · exact public law section
   (1) in section 902(a) by changing “eight thousand acres” in the first sentence to “eight thousand six hundred acres”;

3. 1988

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

   Added · 16 U.S.C. § 230a(g)

   Pub. L. 100–250 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 100–250 added subsec. (g).

4. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 § 7105(b)(1) · 123 Stat. 991

   1. Inserted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), inserted heading

   2. Inserted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), inserted par. (1) designation and heading

   3. Substituted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), substituted text of par. (1) for “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.”

   4. Inserted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), inserted par. (2) designation and heading

   5. Substituted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), substituted “The Secretary may acquire by any of the methods referred to in paragraph (1)(A)” for “The Secretary may also acquire by any of the foregoing methods”

   6. Inserted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), inserted par. (3) designation and heading

   7. Substituted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), substituted “Land, water, and interests in land and water” for “Lands, waters, and interests therein”

   8. Inserted · 16 U.S.C. § 230a(a)

      Pub. L. 111–11, § 7105(b)(1), inserted par. (4) designation and heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–11, § 7105(b)(1), inserted heading, inserted par. (1) designation and heading and substituted text of par. (1) for “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.”, inserted par. (2) designation and heading and substituted “The Secretary may acquire by any of the methods referred to in paragraph (1)(A)” for “The Secretary may also acquire by any of the foregoing methods”, inserted par. (3) designation and heading and substituted “Land, water, and interests in land and water” for “Lands, waters, and interests therein”, and inserted par. (4) designation and heading.

   Enacted provision · exact public law section
   (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 reflect the acquisition. “(iii) 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. “(C) Transfer of administration jurisdiction.— Effective on Effective date. the date of enactment of the Omnibus Public Land Management Act of 2009, 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.” ; (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 (1)(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 oil and gas rights.— In acquiring” ;

5. 2009

   Omnibus Public Land Management Act of 2009

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

   1. Added · 16 U.S.C. § 230a(b); 16 U.S.C. § 230a(c)

      Pub. L. 111–11, § 7105(b)(2), added subsecs. (b) and (c)

   2. Struck · 16 U.S.C. § 230a(b); 16 U.S.C. § 230a(c)

      Pub. L. 111–11, § 7105(b)(2), struck out former subsecs. (b) and (c) which related to guidelines or criteria applicable to the use and development of properties within a park protection zone, and preservation and protection of certain values, respectively

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 111–11, § 7105(b)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which related to guidelines or criteria applicable to the use and development of properties within a park protection zone, and preservation and protection of certain values, respectively.

   Enacted provision · exact public law section
   (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)(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.” ; and

6. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 § 7105(b)(3) · 123 Stat. 991

   1. Redesignated · 16 U.S.C. § 230a(d)

      Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), redesignated subsec. (g) as (d)

   2. Substituted · 16 U.S.C. § 230a(d)

      Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), substituted “Jean Lafitte National Historical Park and Preserve” for “Jean Lafitte National Historical Park”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), redesignated subsec. (g) as (d) and substituted “Jean Lafitte National Historical Park and Preserve” for “Jean Lafitte National Historical Park”.

   Enacted provision · exact public law section
   (3) by redesignating subsection (g) as subsection (d).

7. 2009

   Omnibus Public Land Management Act of 2009

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

   Struck · 16 U.S.C. § 230a(d)

   Pub. L. 111–11, § 7105(b)(2), struck out subsec. (d). Prior to amendment, text read as follows: “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.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–11, § 7105(b)(2), struck out subsec. (d). Prior to amendment, text read as follows: “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.”

   Enacted provision · exact public law section
   (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)(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.” ; and

8. 2009

   Omnibus Public Land Management Act of 2009

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

   Struck · 16 U.S.C. § 230a(e); 16 U.S.C. § 230a(f)

   Pub. L. 111–11, § 7105(b)(2), struck out subsecs. (e) and (f) which read as follows:

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 111–11, § 7105(b)(2), struck out subsecs. (e) and (f) which read as follows:

   “(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.”

   Enacted provision · exact public law section
   (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)(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.” ; and

9. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 § 7105(b)(3) · 123 Stat. 991

   Redesignated · 16 U.S.C. § 230a(g)

   Pub. L. 111–11, § 7105(b)(3), redesignated subsec. (g) as (d)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 111–11, § 7105(b)(3), redesignated subsec. (g) as (d).

   Enacted provision · exact public law section
   (3) by redesignating subsection (g) as subsection (d).

17 of 18 references resolved to an enrolled provision · 1 partial