[Senate Report 108-325]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 681
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-325
======================================================================
 
JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT 
                              ACT OF 2004

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2287]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2287) 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, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
    On page 2, line 12, strike ``81000'' and insert ``80100''.
    On page 3, strike lines 3 through 12 and insert the 
following:

                  ``(B) Limitations.--
                          ``(i) In general.--With respect to 
                        the areas on the map identified as 
                        `Bayou aux Carpes Addition' and `CIT 
                        Tract Addition'--
                                  ``(I) any Federal land 
                                acquired in the areas shall be 
                                transferred without 
                                consideration to the 
                                administrative jurisdiction of 
                                the National Park Service; and
                                  ``(II) any private land in 
                                the areas may be acquired by 
                                the Secretary only with the 
                                consent of the owner of the 
                                land.
                          ``(ii) Easements.--Any Federal land 
                        in the area identified on the map as 
                        `CIT Tract Addition' that is 
                        transferred under clause (i)(I) shall 
                        be subject to any easements that have 
                        been agreed to by the Secretary and the 
                        Secretary of the Army.'';

                         Purpose of the Measure

    The purposes of S. 2287 are to adjust the boundary of the 
Barataria Marsh Unit of the Jean Lafitte Historical Park and 
Preserve in Louisiana, to authorize the addition of 
approximately 3,900 acres to the park, to designate the 
Barataria Marsh Unit as the ``Barataria Preserve Unit'' and to 
increase the statutory acreage ceiling for the Barataria 
Preserve to 23,000 acres.

                          Background and Need

    Jean Lafitte National Historical Park and Preserve was 
established to preserve significant examples of the rich 
natural and cultural resources of Louisiana's Mississippi Delta 
region. The park consists of six physically separate sites. The 
sites include cultural centers in Lafayette, Thibodaux, and 
Eunice, the Chalmette Battlefield, Barataria Preserve, and the 
park's headquarters and visitor center located in New Orleans' 
French Quarter. The Lafayette, Thibodaux, and Eunice culture 
centers preserve and interpret examples of the Acadian culture 
of the area. The Chalmette Battlefield and National Cemetery 
commemorate the site of the 1815 Battle of New Orleans. The 
Barataria Preserve interprets the culture of those who settled 
the area and the unique ecosystem that sustained them, and 
preserves a representative example of the Delta's environment, 
containing natural levee forests, bayous, swamps and marshes.
    S. 2287 amends the enabling legislation for the John 
Lafitte National Park and Preserve to add important estuarine 
and freshwater wetlands to the Barataria Unit, allowing the 
park boundary to conform to existing waterways and levee 
corridors. The expanded park boundary would include wetlands 
that are part of the Barataria-Terrebonne National Estuary, 
which has been described as the most biologically productive 
estuary in North America, and has also suffered a significant 
loss of coastal wetlands.
    S. 2287 adds to the Barataria Unit approximately 3,900 
acres. Approximately 3,083 acres of the addition are already 
owned by the United States, including 2,268 acres in the Bayou 
aux Carpes area and 815 acres of the Bayou Segnette.
    The Bayou aux Carpes wetlands were acquired by the Justice 
Department in 1996 as a result of the settlement of a lawsuit. 
Although the National Park Service has constructive possession 
of the deeds, it lacks legal management authority. The area has 
exemplary natural resource values and has been designated by 
the Environmental Protection Agency as a wetland of significant 
value. Most importantly, because of the hydrologic connection 
between the two areas, the environmental health of the 
Barataria unit is dependent on the continued health of the 
Bayou aux Carpes.
    The Bayou Segnette wetlands are presently managed by the 
Army Corps of Engineers, which supports the transfer of these 
lands to the National Park Service once the hurricane 
protection levee is complete and subject to access easements 
for the local levee district. The inclusion of this area in the 
Barataria Unit will allow for better control over water 
entering the park from outside sources.
    S. 2287 also authorizes the acquisition, from willing 
sellers, of approximately 821 acres of privately owned lands. 
Approximately half of this area is designated as jurisdictional 
wetlands, with limited access and no potential for development 
and has been included within the boundary at the request of the 
owners.
    Addition of the 3,900 acres to the Barataria Unit will 
increase the acreage of the unit beyond its statutory ceiling 
of 20,000 acres. S. 2287 increases this ceiling to 23,000 acres 
to accommodate the addition. Finally, the bill designates the 
Barataria Marsh Unit as the ``Barataria Preserve Unit.''

                          Legislative History

    S. 2287 was introduced by Senator Landrieu on April 6, 
2004. The Senate Subcommittee on National Parks held a hearing 
on S. 2287 on June 8, 2004. The Committee on Energy and Natural 
Resources ordered S. 2287, amended as favorably reported on 
July 14, 2003.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on July 14, 2004, by a unanimous voice vote of 
a quorum present, recommends that the senate pass S. 2287, if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 2287, the Committee adopted 
two amendments. The first makes a change to correct a map 
reference. The second modifies section 2(b) to clarify that 
Federal lands added to the park are to be transferred to the 
National Park Service without consideration. The amendment also 
clarifies that the transfer of the tract administered by the 
Army Corps of Engineers is subject to certain easements as 
agreed to by the Secretary of the Interior and the Secretary of 
the Army. The amendment is described in detail in the section-
by-section analysis below.

                      Section-by-Section Analysis

    Section 1 entitles this bill the ``Jean Lafitte National 
Historical Park and Preserve Boundary Adjustment Act of 2004.''
    Section 2(a) amends section 901 of the National Park and 
Recreation Act of 1978 (16 U.S.C. 230), the enabling Act for 
the Jean Lafitte National Historical Park and Preserve (the 
Act), to increase the acreage ceiling for the Barataria Unit to 
23,000 acres. The section also references a map depicting the 
new boundary of the Barataria Unit.
    Subsection (b) amends section 902 of the Act to authorize 
the Secretary of the Interior (Secretary) to acquire the lands 
referenced in section 2(a) by donation, exchange, purchase or 
transfer. This subsection also revises the authority of the 
Secretary to acquire interests within the boundary of the 
Barataria Preserve Unit and imposes limitations on the 
acquisition of lands within the Preserve, including that lands 
may be acquired only with the consent of the owner. Federally 
administered lands within the addition are to be transferred 
without consideration to the National Park Service, subject to 
any easements that have been agreed to by the Secretary and the 
Secretary of the Army.
    Subsection (c) amends section 906 of the Act to remove an 
exemption for hunting, trapping and fishing within the core 
area of the Preserve and lands acquired pursuant to section 
902(c) and authorizes the Secretary to prohibit hunting, 
fishing, and trapping, for safety purposes.
    Subsection (d) makes a clarifying amendment to section 906 
of the Act.
    Section 3 designates the Barataria Marsh Unit as the 
Barataria Preserve Unit and makes other conforming amendments.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

S. 2287-- Jean Lafitte National Historical Park and Preserve Boundary 
        Adjustment Act of 2004

    S. 2287 would expand by 3,000 acres the boundary of the 
Barataria Preserve Unit of the Jean Lafitte National Historical 
Park and Preserve in Louisiana. The bill also would allow the 
National Park Service (NPS) to acquire land within the unit's 
boundaries by transfer from other federal agencies in addition 
to other methods such as purchase or donation.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 2287 would cost between $1 
million and $5 million over the next several years, depending 
on how much private land is acquired for the unit and on the 
final appraised value of that property. We estimate that 
acquiring privately owned wetlands and two large tracts of 
federally owned property (some of which is located inside the 
existing boundary but cannot be acquired without transfer 
authority) would cost around $1 million. If the NPS also 
purchases some of the 86 acres of private uplands in the Bayou 
aux Carpes addition area, total implementation costs would 
increase by up to $4 million over several years. We estimate 
that costs to develop and manage the additional acreage would 
be minimal. This estimate is based on information provided by 
the NPS.
    S. 2287 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2287.
    The bill is not a regulatory measure in the sense of 
imposing government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2287.

                        Executive Communications

    On June 2, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2287. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2287 follows:

  Statement of Janet Snyder Matthews, Associate Director for Cultural 
   Resources, National Park Service, U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the Department of the Interior's 
views on S. 2287. This bill would adjust the boundary of the 
Barataria Preserve Unit of the Jean Lafitte National Historical 
Park and Preserve (Park) in Louisiana.
    The Department supports S. 2287 with the amendments 
included in this testimony. This bill would authorize the 
Secretary of the Interior (Secretary) to acquire more than 
3,900 acres adjacent to the Barataria Preserve (Preserve) unit 
of the park by transferring existing federally owned lands to 
the National Park Service (NPS), which would expand the 
authorized acreage of the Barataria Preserve from approximately 
20,000 acres, to approximately 23,000 acres. The bill would 
also make clarifying amendments to Title IX of the National 
Parks and Recreation Act of 1978, the legislation that 
established the park.
    The Jean Lafitte National Historical Park and Preserve was 
established to preserve significant examples of the rich 
natural and cultural resources of Louisiana's Mississippi Delta 
region. The park illustrates the influence of environment and 
history on the development of a unique regional culture. The 
Barataria Preserve, one of the park's six units and currently 
consisting of approximately 18,400 acres, is located in 
Jefferson Parish, about 10 miles south of New Orleans.
    The boundary expansion proposed by S. 2287 would allow the 
addition of estuarine and freshwater wetlands to the Barataria 
Preserve's boundaries, allowing the boundary to conform to 
existing waterways and levee corridors that mark the interface 
between developable land and estuarine wetlands. The expanded 
boundary would also include wetlands that are part of the 
Barataria-Terrebonne National Estuary, the most biologically 
productive in North America, which has experienced the highest 
rate of land loss of any of our coastal wetlands.
    S. 2287 would transfer to NPS primarily wetlands already in 
federal ownership, but unavailable for public use at ``Bayou 
aux Carpes'' and ``Bayou Segnett'', two of the three study 
areas that a 1996 NPS boundary study found to be appropriate 
and feasible for inclusion within the boundary of the preserve. 
The study also concluded that adding the two areas would 
enhance interagency management of the upper Barataria basin.
    S. 2287 would add all of the Bayou aux Carpes area, 
consisting of approximately 2,905 acres, to the park. 
Approximately 2,268 acres within this area are wetlands 
acquired by the Justice Department in 1996 as the result of the 
settlement of a lawsuit. Currently, the NPS has constructive 
possession of the deeds for these lands but no authority to 
manage them.
    The bill would also add approximately 815 acres of the 
Bayou Segnette area, also referred to as the ``CIT Tract''. The 
CIT Tract consists of wetlands owned by the U.S. Army Corps of 
Engineers (Corps) as the result of a separate lawsuit settled 
in 1994. The Corps has indicated its willingness to transfer 
management authority for these lands to the NPS once the 
Hurricane Protection Levee is complete and an easement is 
granted to the local levee district along the boundary of the 
tract.
    S. 2287 would also include approximately 821 acres of 
private property, in 10 tracts, within the park boundary which 
could be acquired by the Secretary from willing sellers. The 
NPS has contacted all of the owners of these properties, and 
none have opposed the boundary change. Four of the tracts, 
totaling approximately 250 acres, are extensions of wetland 
properties already within the present boundary. An additional 
485-acre tract is entirely jurisdictional wetlands with limited 
access and no potential for development. The owners of this 
property have petitioned members of Congress for legislation 
that includes them within a new boundary. While appraisals have 
not been completed, estimates based on other recently appraised 
wetlands would result in a potential cost of approximately 
$170,000 for all of these wetlands, if they were acquired.
    The remaining five tracts of private property, about 86 
acres, are not jurisdictional wetlands. The owners of the two 
largest properties, each just under 40 acres, have expressed 
their interest in being included within a new boundary, and a 
willingness to consider selling to the NPS. One of these 
properties has a single residence upon it, the owner of which 
would be granted lifetime occupancy in the event of federal 
acquisition, in accordance with the legislation that 
established the park. A small swamp tour business is located on 
the other 40-acre property and the owners of both the property 
and the business have expressed their support for inclusion of 
the property within the boundary. The park does not anticipate 
acquiring these lands at this time, and appraisals have not 
been completed. NPS is also unaware of any recent nearby sales 
that could serve as a comparison. However, in the past NPS has 
paid between $10,000 and $80,000 per acre for comparable land 
within the boundary with the higher figure for lots that 
included utilities, highway, and waterfront access. These lands 
are isolated, accessible only by a dirt road and do not include 
utilities, highway or waterfront access. Although the potential 
price range per acre is large, NPS believes that if these lands 
were appraised the cost per acre would be in the lower end of 
the range. If a figure of $25,000 per acre is used, the cost 
for these 86 acres could potentially be approximately $2.1 
million.
    The expanded boundary proposed in S. 2287 would also 
include a State-owned highway right-of-way and State-owned 
hurricane protection levee properties that run along the 
current boundary. Although these properties would remain in 
State ownership, their inclusion within the new boundary would 
provide opportunities for partnerships between the NPS and the 
State or its subdivisions for law enforcement and boundary 
patrol.
    Managing the additional lands, consisting of boat patrols 
conducted with varying frequency, could have an effect on park 
operational costs. Because the lands would remain undeveloped 
we estimate that it could cost approximately an additional 
$100,000 to manage them. A more accurate budget estimate would 
depend upon many factors, including the ability of the Park to 
reallocate resources and future plans for the addition. The 
addition of the federal properties would not contribute to the 
maintenance backlog because no facilities would be added and 
the federal lands would be acquired by direct transfer and 
would not involve acquisition costs other than those to process 
the transfer.
    The NPS has had extensive consultations with local 
governments and taken appropriate steps to increase public 
awareness on the proposed actions in S. 2287. In 1999, both the 
Jefferson Parish Council and the Village of Jean Lafitte 
adopted resolutions that support the Federal land transfers.
    S. 2287 would also amend Title IX of the National Parks and 
Recreation Act of 1978 to make corrections in the name of the 
park and the Barataria unit and amend several provisions that 
are obsolete or need clarification, including removing 
references to a ``Park Protection Zone'' that was never 
established by local or State government.
    We recommend four amendments to S. 2287, which are attached 
to this testimony. The first corrects the map reference in the 
bill. The second clarifies that the lands involved would be 
transferred to the NPS at no cost, the way similar 
intergovernmental transfers have typically taken place in other 
NPS areas. The third and fourth amendments would ensure that 
the needs of both the local levee district and the Service are 
satisfied with respect to the Hurricane Protection Levee along 
the boundary of the tract.
    Mr. Chairman, that completes my testimony. I would be 
pleased to answer any questions you or other members of the 
subcommittee may have.


  proposed amendments--s. 2287, jean lafitte national historical park


    On page 2, line 11, strike ``numbered 467/81000'' and 
insert ``numbered 467/80100''.
    On page 3, line 7, insert ``at no cost'' after ``shall be 
transferred''.
    On page 3, line 9, strike ``and''.
    On page 3, line 12, strike the period and insert ``; and'' 
and insert a new subparagraph (iii), as follows:
    ``(iii) the CIT Tract shall be transferred subject to any 
easements that have been agreed to by the Secretary and the 
Secretary of the Army.''.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2287, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           Public Law 95-625


 An Act To authorize additional appropriations for the acquisition of 
 lands and interests in lands within the sawtooth national recreation 
                             area in idaho

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

                   SHORT TITLE AND TABLE OF CONTENTS

    Section 1. This Act may be cited as the ``National Parks 
and Recreation Act of 1978''.

           *       *       *       *       *       *       *


TITLE IX--[JEAN LAFITTE NATIONAL HISTORICAL PARK] JEAN LAFITTE NATIONAL 
                      HISTORICAL PARK AND PRESERVE

    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''). 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.] 23,000 acres generally depicted on the map entitled 
``Boundary Map, Barataria Preserve Unit, Jean Lafitte National 
Historical Park and Preserve'', numbered 467/80100 and dated 
August 2002, 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 Martinville 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 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 too in the first section of this title, by donation, 
purchase with donated or appropriated funds, or exchange.]
    (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 boundary of the Barataria 
                Preserve Unit, 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.--With respect to the 
                        areas on the map identified as ``Bayou 
                        aux Carpes Addition'' and ``CIT Tract 
                        Addition''--
                                  (I) any Federal land acquired 
                                in the areas shall be 
                                transferred without 
                                consideration to the 
                                administrative jurisdiction of 
                                the National Park Service; and
                                  (II) any private land in the 
                                areas may be acquired by the 
                                Secretary only with the consent 
                                of the owner of the land.
                          (ii) Eastments.--Any Federal land in 
                        the area identified on the map as ``CIT 
                        Tract Addition'' that is transferred 
                        under clause (i)(I) shall be subject to 
                        any easements that have been agreed to 
                        by the Secretary and the Secretary of 
                        the Army.
    [The Secretary may also]
          (2) French quarters.--The Secretary may 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]
          (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 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 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 (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, 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 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.]
    (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.
    [(g)] (c) 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.] Jean Lafitte National Historical Park and Preserve.
    Sec. 903. Within the [Barataria Marsh Unit] 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, 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] Barataria 
Preserve 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] the Secretary may designate 
zones where 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 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 section 904.] [Pending such 
establishment and thereafter the] The Secretary shall 
administer the park in accordance with the provisions of this 
title, the Act of August 25, 1916 (39 Stat. 535), 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 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 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 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 the provisions of this title, not to exceed 
$50,000,000 from the Land andWater 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 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] 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.
    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.

                                  
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