II Calendar No. 784 110th CONGRESS 2d Session S. 783 [Report No. 110–352] 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.
1.
Short title
This Act may be cited as the Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007.
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 _____, and dated ________,. (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 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. (B)
Limitations
(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. (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. (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. (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. ; (B)in the second sentence, by striking The Secretary may also and inserting the following: (2)
French quarter
The Secretary may ; (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. ; and (3)by redesignating subsection (g) as subsection (c). (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. (d)
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.
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.
1.
Short title
This Act may be cited as the Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2008.
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.
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.
June 16, 2008 Reported with an amendment