[Senate Report 109-25]
[From the U.S. Government Publishing Office]
Calendar No. 37
109th Congress Report
SENATE
1st Session 109-25
======================================================================
JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT
ACT OF 2005
_______
March 9, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 207]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 207) 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
without amendment and recommends that the bill do pass.
Purpose of the Measure
The purposes of S. 207 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 cultural
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. 207 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. 207 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. 207 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. 207 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. 207 was introduced by Senator Landrieu on January 31,
2005. During the 108th Congress, the Committee considered
identical legislation, S. 2287. 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. At
the business meeting on July 14, 2003, the Committee on Energy
and Natural Resources ordered S. 2287, as amended, favorably
reported (S. Rept. 108-2287). S. 2287, as amended, passed the
Senate by unanimous consent on September 15, 2004. The House of
Representatives did not consider the bill prior to the sine die
adjournment of the 108th Congress. At a business meeting on
February 9, 2005, the Committee on Energy and Natural Resources
ordered S. 207 favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on February 9, 2005, by a unanimous voice
vote of a quorum present recommends that the Senate pass S.
207.
Section-by-Section Analysis
Section 1 entitles this bill the ``Jean Lafitte National
Historical Park and Preserve Boundary Adjustment Act of 2005.''
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.
February 14, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 207, the Jean
Lafitte National Historical Park and Preserve Boundary
Adjustment Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 207--Jean Lafitte National Historical Park and Preserve Boundary
Adjustment Act of 2005
S. 207 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. 207 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 the 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) within the expansion area would cost around $1
million. Acquisition costs would increase by up to $4 million
if the NPS also purchases some of the 86 acres of private
uplands in the Bayou aux Carpes addition area. 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. 207 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. 207.
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. 207.
Executive Communications
The testimony provided by the Department of the Interior at
the Subcommittee hearing on S. 2287 in the 108th Congress
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. 207, 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 to 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) 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.
[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
acquirerights 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 non-commercial 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 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 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.