[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Reported in Senate (RS)]






                                                       Calendar No. 784
110th CONGRESS
  2d Session
                                 S. 783

                          [Report No. 110-352]

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2007

 Ms. Landrieu introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Jean Lafitte National 
Historical Park and Preserve Boundary Adjustment Act of 
2007''.</DELETED>

<DELETED>SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE 
              BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    (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 </DELETED>_____<DELETED>, and 
dated </DELETED>________<DELETED>,''.</DELETED>
<DELETED>    (b) Acquisition of Land.--Section 902 of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``(a) Within the'' and all 
                that follows through the first sentence and inserting 
                the following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Barataria preserve unit.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may 
                acquire any land, water, and interests in land and 
                water within the area, as depicted on the map described 
                in section 901, by donation, purchase with donated or 
                appropriated funds, transfer from any other Federal 
                agency, or exchange.</DELETED>
                <DELETED>    ``(B) Limitations.--</DELETED>
                        <DELETED>    ``(i) In general.--Any private 
                        land located in the area, as depicted on the 
                        map described in section 901, may be acquired 
                        by the Secretary only with the consent of the 
                        owner of the land.</DELETED>
                        <DELETED>    ``(ii) Boundary adjustment.--On 
                        the date on which the Secretary, under 
                        subparagraph (A), completes the acquisition of 
                        a parcel of private land located in the area, 
                        as depicted on the map described in section 
                        901, the boundary of the historical park and 
                        preserve shall be adjusted to reflect the 
                        acquisition.</DELETED>
                        <DELETED>    ``(iii) Jurisdiction of national 
                        park service.--Any Federal land acquired in the 
                        areas shall be transferred without 
                        consideration to the administrative 
                        jurisdiction of the National Park 
                        Service.</DELETED>
                        <DELETED>    ``(iv) Easements.--To ensure 
                        adequate hurricane protection of the 
                        communities located in the area, any land in 
                        the area identified on the map 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.'';</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``The Secretary may also'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(2) French quarter.--The Secretary 
        may'';</DELETED>
                <DELETED>    (C) in the third sentence, by striking 
                ``Lands, waters, and interests therein'' and inserting 
                the following:</DELETED>
        <DELETED>    ``(3) Acquisition of state land.--Land, water, and 
        interests in land and water''; and</DELETED>
                <DELETED>    (D) in the fourth sentence, by striking 
                ``In acquiring'' and inserting the following:</DELETED>
        <DELETED>    ``(4) Acquisition of oil and gas rights.--In 
        acquiring'';</DELETED>
        <DELETED>    (2) by striking subsections (b) through (f) and 
        inserting the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) fresh water drainage patterns;</DELETED>
        <DELETED>    ``(2) vegetative cover;</DELETED>
        <DELETED>    ``(3) the integrity of ecological and biological 
        systems; and</DELETED>
        <DELETED>    ``(4) water and air quality.''; and</DELETED>
        <DELETED>    (3) by redesignating subsection (g) as subsection 
        (c).</DELETED>
<DELETED>    (c) 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''.</DELETED>
<DELETED>    (d) Administration.--Section 906 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230e) is amended--</DELETED>
        <DELETED>    (1) by striking the first sentence; and</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``Pending 
        such establishment and thereafter the'' and inserting 
        ``The''.</DELETED>

<DELETED>SEC. 3. REFERENCES IN LAW.</DELETED>

<DELETED>    (a) In General.--Any reference in a law (including 
regulations), map, document, paper, or other record of the United 
States--</DELETED>
        <DELETED>    (1) to the Barataria Marsh Unit shall be 
        considered to be a reference to the Barataria Preserve Unit; 
        or</DELETED>
        <DELETED>    (2) to the Jean Lafitte National Historical Park 
        shall be considered to be a reference to the Jean Lafitte 
        National Historical Park and Preserve.</DELETED>
<DELETED>    (b) Conforming Amendments.--Title IX of the National Parks 
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Barataria Marsh Unit'' each 
        place it appears and inserting ``Barataria Preserve Unit''; 
        and</DELETED>
        <DELETED>    (2) by striking ``Jean Lafitte National Historical 
        Park'' each place it appears and inserting ``Jean Lafitte 
        National Historical Park and Preserve''.</DELETED>

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 
                        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.'';
                    (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'';
            (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
            (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''.
                                                       Calendar No. 784

110th CONGRESS

  2d Session

                                 S. 783

                          [Report No. 110-352]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment