[USC02] 16 USC CHAPTER 1, SUBCHAPTER XXV, Part A: Generally
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16 USC CHAPTER 1, SUBCHAPTER XXV, Part A: Generally
From Title 16—CONSERVATIONCHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORESSUBCHAPTER XXV—JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE

Part A—Generally

§230. Establishment; description of area

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"). The park shall consist of (1) the area 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, 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 Unit of the Jean Lafitte National Historical Park and Preserve; 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.

(Pub. L. 95–625, title IX, §§901, 909, Nov. 10, 1978, 92 Stat. 3534, 3538; Pub. L. 100–250, §1(a), Feb. 16, 1988, 102 Stat. 16; Pub. L. 111–11, title VII, §7105(a), (f)(1)(B), (2)(B), Mar. 30, 2009, 123 Stat. 1191, 1193.)

Amendments

2009Pub. 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".

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,".

1988Pub. L. 100–250 added cl. (4) and redesignated former cls. (4) and (5) as (5) and (6), respectively.

Change of Name

Pub. L. 111–11, title VII, §7105(f)(1), Mar. 30, 2009, 123 Stat. 1193, provided that: "Any reference in a law (including regulations), map, document, paper, or other record of the United States—

"(A) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or

"(B) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve."

"Jean Lafitte National Historical Park and Preserve" substituted for "Jean Lafitte National Historical Park" in cl. (5) pursuant to section 7105(f)(1)(B) of Pub. L. 111–11, set out above.

"Chalmette Unit of the Jean Lafitte National Historical Park" substituted for "Chalmette National Historical Park" pursuant to section 230h of this title.

Laura C. Hudson Visitor Center

Pub. L. 104–333, div. I, title VIII, §808, Nov. 12, 1996, 110 Stat. 4188, as amended by Pub. L. 111–11, title VII, §7105(f)(1)(B), Mar. 30, 2009, 123 Stat. 1193, provided that:

"(a) Designation.—The visitor center at Jean Lafitte National Historical Park and Preserve, located at 419 Rue Decatur in New Orleans, Louisiana, is hereby designated as the 'Laura C. Hudson Visitor Center'.

"(b) Legal References.—Any reference in any law, regulation, paper, record, map, or any other document of the United States to the visitor center referred to in subsection (a) shall be deemed to be a reference to the 'Laura C. Hudson Visitor Center'."

§230a. Acquisition of property

(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 230 of this title 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 230 of this title 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 March 30, 2009, administrative jurisdiction over any Federal land within the areas depicted on the map described in section 230 of this title 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.

(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.

(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.

(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) 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.

(d) Acadian villages and towns

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 and Preserve.

(Pub. L. 95–625, title IX, §902, Nov. 10, 1978, 92 Stat. 3535; Pub. L. 96–87, title IV, §401(q)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100–250, §1(b), Feb. 16, 1988, 102 Stat. 16; Pub. L. 111–11, title VII, §7105(b), (f)(2)(B), Mar. 30, 2009, 123 Stat. 1191, 1193.)

Amendments

2009—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.

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.

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".

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."

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."

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

1988—Subsec. (g). Pub. L. 100–250 added subsec. (g).

1979—Subsec. (a). Pub. L. 96–87 substituted "eight thousand six hundred acres" for "eight thousand acres".

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230b. Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined

Within the 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.

(Pub. L. 95–625, title IX, §903, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, §7105(c), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)

Amendments

2009Pub. L. 111–11 substituted "Barataria Preserve Unit" for "Barataria Marsh Unit" in first sentence and inserted "(or January 1, 2007, for areas added to the park after that date)" after "January 1, 1977" in fifth sentence.

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230c. Cooperative agreements; specific provisions

In furtherance of the purposes of this part, and after consultation with the Commission created by section 230f 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) 1 of section 230 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 230e 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.

(Pub. L. 95–625, title IX, §904, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 96–87, title IV, §401(q)(2), Oct. 12, 1979, 93 Stat. 666.)

References in Text

Paragraphs (4) and (5) of section 230 of this title, included within the reference in text to paragraphs (1) through (5) of section 230 of this title, were redesignated paragraphs (5) and (6), respectively, of section 230 of this title, and a new paragraph (4) was added, by Pub. L. 100–250, §1(a), Feb. 16, 1988, 102 Stat. 16.

Amendments

1979Pub. L. 96–87 substituted reference to "section 907 of this title" for reference to "section 7 of this title" in the original. Since "section 7 of this title" had already been translated as "section 230f of this title" as the probable intent of Congress the substitution of "907" for "7" required no change in text as set out in this section.

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

1 See References in Text note below.

§230d. Hunting, fishing, and trapping; public safety; consultation

Within the Barataria Preserve Unit, the Secretary shall permit hunting, fishing (including commercial fishing), and trapping in accordance with applicable Federal and State laws 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.

(Pub. L. 95–625, title IX, §905, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, §7105(d), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)

Amendments

2009Pub. L. 111–11, in first sentence, substituted "Barataria Preserve Unit" for "Barataria Marsh Unit" and "on land, and interests in land and water managed by the Secretary, except that the Secretary" for ", except that within the core area and on those lands acquired by the Secretary pursuant to section 230a(c) of this title, he".

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230e. Establishment; notice in Federal Register; administration

The Secretary shall administer the park in accordance with the provisions of this part, the Act of August 25, 1916 (39 Stat. 535),1 the Act of August 21, 1935 (49 Stat. 666),1 and any other statutory authorities available to him for the conservation and management of natural, historical, and cultural resources.

(Pub. L. 95–625, title IX, §906, Nov. 10, 1978, 92 Stat. 3537; Pub. L. 111–11, title VII, §7105(e), Mar. 30, 2009, 123 Stat. 1193.)

References in Text

The Act of August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

2009Pub. L. 111–11 substituted "The" for "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 230g of this title, 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 230c of this title. Pending such establishment and thereafter the".

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

1 See References in Text note below.

§230f. Delta Region Preservation Commission

(a) Establishment; membership

There is established the Delta Region Preservation 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;

(7) one member appointed by the Chairman of the National Endowment for the Arts; and

(8) 1 two members appointed by the Secretary from recommendations submitted by the Police Jury of Saint Bernard Parish.

(8) 1 one member who shall have experience as a folklorist and who is familiar with the cultures of the Mississippi Delta Region appointed by the Secretary of the Smithsonian Institution.

(b) Compensation and expenses

Members of the Commission shall serve without compensation 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) Functions

The function of the Commission shall be to advise the Secretary 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) Majority voting; generally; single parish or municipality

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) Ex officio members; staff support and technical services; termination date

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. The Commission shall terminate twenty years from November 10, 1978.

(Pub. L. 95–625, title IX, §907, Nov. 10, 1978, 92 Stat. 3537; Pub. L. 96–87, title IV, §401(q)(3), (4), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100–250, §1(c), Feb. 16, 1988, 102 Stat. 16; Pub. L. 100–355, §2, June 28, 1988, 102 Stat. 667.)

Amendments

1988—Subsec. (a)(6), (7). Pub. L. 100–355, §2(1), (2), which directed that in par. (6) "region;" be substituted for "region; and" and that in par. (7) "Arts; and" be substituted for "Arts." could not be executed because of prior amendment by section 401(q)(3) of Pub. L. 96–87.

Subsec. (a)(8). Pub. L. 100–355, §2(3), added par. (8) relating to appointment of member with experience as folklorist familiar with cultures of Mississippi Delta Region.

Subsec. (e). Pub. L. 100–250 substituted "twenty" for "ten".

1979—Subsec. (a)(8). Pub. L. 96–87, §401(q)(3), added par. (8).

Subsec. (e). Pub. L. 96–87, §401(q)(4), provided that the Commission terminate ten years from November 10, 1978.

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

1 So in original. There are two pars. designated "(8)".

§230g. Authorization of appropriations; general management plan; submission to Congressional committees

(a) There is authorized to be appropriated, to carry out the provisions of this part, 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) Within three years from November 10, 1978, 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.

(Pub. L. 95–625, title IX, §908, Nov. 10, 1978, 92 Stat. 3537.)

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230h. Change in name of Chalmette National Historical Park

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 and Preserve. Any references to the Chalmette National Historical Park shall be deemed to be references to said Chalmette Unit.

(Pub. L. 95–625, title IX, §909, Nov. 10, 1978, 92 Stat. 3538; Pub. L. 111–11, title VII, §7105(f)(2)(B), Mar. 30, 2009, 123 Stat. 1193.)

References in Text

Act of October 9, 1962 (76 Stat. 755), referred to in text, is Pub. L. 87–759, Oct. 9, 1962, 76 Stat. 755. Section 5 of that Act, which related to the boundaries of the Park, is set out as a note under section 231a of this title.

Amendments

2009Pub. L. 111–11 substituted "Jean Lafitte National Historical Park and Preserve" for "Jean Lafitte National Historical Park".

§230i. Report to Congressional committees

By no later than the end of the first full fiscal year following November 10, 1978, 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.

(Pub. L. 95–625, title IX, §910, Nov. 10, 1978, 92 Stat. 3538.)

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

"Secretary" Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.