[House Report 110-94]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-94

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JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT 
                              ACT OF 2007

                                _______
                                

 April 17, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 162]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 162) 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, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 162 is to expand the Barataria Preserve 
Unit of the Jean Lafitte National Historical Park and Preserve 
in the State of Louisiana.

                  Background and Need for Legislation

    The Jean Lafitte National Historical Park and Preserve is 
comprised of six separate areas including sites in Lafayette, 
Thibodaux and Eunice as well as the Chalmette Battlefield, 
Barataria Preserve and the park's Headquarters in New Orleans, 
Louisiana. The park was established to preserve significant 
examples of the natural and cultural resources of Louisiana's 
Delta region. Specifically, the Barataria Preserve unit 
consists of approximately 18,400 acres located in Jefferson 
Parish, about ten miles south of New Orleans.
    As the result of litigation, the federal government owns 
more than 3,000 acres adjoining the Barataria Preserve Unit. 
Because the land is not within the boundary of the park, 
however, it is not managed by the National Park Service and is 
not available for public use. Congressional authorization is 
required to include these lands within the park.

                            Committee Action

    H.R. 162 was introduced on January 4, 2007, by 
Representative Bobby Jindal (R-LA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands. 
During the 109th Congress, the Subcommittee held a hearing on 
nearly identical legislation (H.R. 1515).
    On March 7, 2007, the Subcommittee was discharged by 
unanimous consent and the full Natural Resources Committee met 
to consider the bill. No amendments were offered. The bill was 
ordered favorably reported to the House of Representatives by 
voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 entitles the bill the ``Jean Lafitte National 
Historical Park and Preserve Boundary Adjustment Act of 2007.''

Section 2. Jean Lafitte National Historical Park and Preserve Boundary 
        Adjustment

    Section 2(a) amends Section 901 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230) to increase the acreage 
ceiling of the park and to incorporate new land into the park 
boundary by updated map reference.
    Section 2(b) amends section 902 of the 1978 Act to require 
that land added to the boundary in section 2(a) which is 
already owned by the federal government be transferred to the 
park without compensation and subject to existing easements. 
Non-federal land, water or interests in land and water within 
the Barataria Preserve Unit may be acquired by donation or 
purchase with donated or appropriated funds, from willing 
sellers only. This section also clarifies resource protection 
requirements within the Barataria Unit.
    Section 2(c) amends section 905 of the 1978 Act to remove 
an exemption for hunting, fishing and trapping within the 
Barataria Unit and allows the Secretary to prohibit these 
activities on lands managed by the Secretary.
    Section 2(d) makes a clarifying amendment to section 906 of 
the 1978 Act.

Section 3. References in law

    Section 3 updates references in existing law and makes 
other conforming amendments.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, Section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 162--Jean Lafitte National Historical Park and Preserve Boundary 
        Adjustment Act of 2007

    H.R. 162 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 H.R. 162 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 the transfer 
authority that would be granted by H.R. 162) 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. Enacting H.R. 162 would have no effect on 
revenues or direct spending.
    H.R. 162 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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 162 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

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] Jean Lafitte National Historical Park 
and Preserve 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 titled 
``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) folk life centers to be 
established in the Acadian region; (5) the Chalmette National 
Historical Park; and (6) such additional natural, cultural, and 
historical resources in the French Quarter and Garden District 
of New Orleans, forts in the delta region, plantations, and 
Acadian towns and villages in the Saint Martinville area and 
such other areas and sites as are subject to cooperative 
agreements in accordance with the provisions of this title.
  Sec. 902. [(a) Within the Barataria Marsh Unit the Secretary 
is authorized to acquire not to exceed eight thousand six 
hundred acres of lands, waters, and interests therein 
(hereinafter referred to as the ``core area''), as depicted on 
the map referred to in 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, but only with 
                the consent of the owner, transfer from any 
                other Federal agency, or exchange.
                  (B) Limitations.--
                          (I) Federal land.--Any Federal land 
                        acquired in the areas identified on the 
                        map as the ``Bayou aux Carpes 
                        Addition'' and ``CIT Tract Addition'' 
                        (the ``Areas'') shall be transferred 
                        without consideration to the 
                        administrative jurisdiction of the 
                        National Park Service.
                          (II) Easements.--Any Federal land in 
                        the Areas that is transferred under 
                        clause (I) shall be subject to any 
                        easements that have been agreed to by 
                        the Secretary and the Secretary of the 
                        Army.
                          (III) Private interests.--Any private 
                        land, water, or interests in land and 
                        water in the Barataria Preserve Unit 
                        may be acquired by the Secretary only 
                        with the consent of the owner. [The 
                        Secretary may also]
          (2) French quarter.--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 right to oil and gas without the consent of the 
        owner, but the exercise of such rights shall be subject 
        to such regulations as the Secretary may promulgate in 
        furtherance of the purposes of this 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) 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. 905. Within the [Barataria Marsh Unit] Barataria 
Preserve Unit, but only as to land, water, or interests in land 
and water managed by the Secretary, 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 may] the 
Secretary may designate zones where and establish periods when 
no hunting, fishing, or trapping shall be permitted for reasons 
of public safety. Except in emergencies, any regulations of the 
Secretary promulgated under this section shall be put into 
effect only after consultation with the appropriate fish and 
game agency of Louisiana.
  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 980, sufficient lands 
and interests therein (i) have been acquired for interpretive 
and administrative facilities, (ii) are being protected in the 
core area, and (iii) have been made the subject of cooperative 
agreements pursuant to secton 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. 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.

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