[Senate Report 110-352]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 784
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-352

======================================================================



 
JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT 
                                  ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 783]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 783) 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 an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the Jean Lafitte National Historical Park 
and Preserve Boundary Adjustment Act of 2008''.

SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY 
                    ADJUSTMENT.

    (a) In General.--Section 901 of the National Parks and Recreation 
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by 
striking ``of approximately twenty thousand acres generally depicted on 
the map entitled `Barataria Marsh Unit--Jean Lafitte National 
Historical Park and Preserve' numbered 90,000B and dated April 1978,'' 
and inserting ``generally depicted on the map entitled `Boundary Map, 
Barataria Preserve Unit, Jean Lafitte National Historical Park and 
Preserve', numbered 467/80100A, and dated December 2007,''.
    (b) Acquisition of Land.--Section 902 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
          (1) in subsection (a)--
                  (A) by striking ``(a) Within the'' and all that 
                follows through the first sentence and inserting the 
                following:
    (a) In General.--
          ``(1) Barataria preserve unit.--
                  ``(A) In general.--The Secretary may acquire any 
                land, water, and interests in land and water within the 
                Barataria Preserve Unit by donation, purchase with 
                donated or appropriated funds, transfer from any other 
                Federal agency, or exchange.
                  ``(B) Limitations.--
                          ``(i) In general.--Any non-Federal land 
                        depicted on the map described in section 901 as 
                        `Lands Proposed for Addition' may be acquired 
                        by the Secretary only with the consent of the 
                        owner of the land.
                          ``(ii) Boundary adjustment.--On the date on 
                        which the Secretary acquires a parcel of land 
                        described in clause (i), the boundary of the 
                        Barataria Preserve Unit shall be adjusted to 
                        ref1ect the acquisition.
                          ``(iii) Jurisdiction of national park 
                        service.--Administrative jurisdiction over any 
                        Federal land within the areas depicted on the 
                        map described in section 901 as `Lands Proposed 
                        for Addition' is transferred, without 
                        consideration, to the administrative 
                        jurisdiction of the National Park Service, to 
                        be administered as part of the Barataria 
                        Preserve Unit.
                          ``(iv) Easements.--To ensure adequate 
                        hurricane protection of the communities located 
                        in the area, any land identified on the map 
                        described in section 901 that is acquired or 
                        transferred shall be subject to any easements 
                        that have been agreed to by the Secretary and 
                        the Secretary of the Army.'';
                  (B) in the second sentence, by striking ``The 
                Secretary may also acquire by any of the foregoing 
                methods'' and inserting the following:
          ``(2) French quarter.--The Secretary may acquire by any of 
        the methods referred to in paragraph (l)(A)'';
                  (C) in the third sentence, by striking ``Lands, 
                waters, and interests therein'' and inserting the 
                following:
          ``(3) Acquisition of state land.--Land, water, and interests 
        in land and water''; and
                  (D) in the fourth sentence, by striking ``In 
                acquiring'' and inserting the following:
          ``(4) Acquisition of and oil and gas rights.--In acquiring'';
          (2) by striking subsections (b) through (f) and inserting the 
        following:
    ``(b) Resource Protection.--With respect to the land, water, and 
interests in land and water of the Barataria Preserve Unit, the 
Secretary shall preserve and protect--
          ``(1) fresh water drainage patterns;
          ``(2) vegetative cover;
          ``(3) the integrity of ecological and biological systems; and
          ``(4) water and air quality.
    ``(c) Adjacent Land.--With the consent of the owner and the parish 
governing authority, the Secretary may--
      ``(1) acquire land, water, and interests in land and water, by 
any of the methods referred to in subsection (a)(l)(A) (including use 
of appropriations from the Land and Water Conservation Fund); and
          ``(2) revise the boundaries of the Barataria Preserve Unit to 
        include adjacent land and water.''; and
          (3) by redesignating subsection (g) as subsection (d).
    (c) Definition of Improved Property.--Section 903 of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the 
fifth sentence by inserting ``(or January 1, 2007, for areas added to 
the park after that date)'' after ``January 1, 1977''.
    (d) Hunting, Fishing, and Trapping.--Section 905 of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the 
first sentence by striking ``, except that within the core area and on 
those lands acquired by the Secretary pursuant to section 902(c) of 
this title, he'' and inserting ``on land, and interests in land and 
water managed by the Secretary, except that the Secretary'' .
    (e) Administration.--Section 906 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
          (1) by striking the first sentence; and
          (2) in the second sentence, by striking ``Pending such 
        establishment and thereafter the'' and inserting ``The''.

SEC. 3. REFERENCES IN LAW.

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

                                Purpose

    The purpose of S. 783 is to modify the boundary of Jean 
Lafitte National Historical Park and Preserve in Louisiana to 
add approximately 8,900 acres to the park and to redesignate 
the ``Barataria Marsh Unit,'' a unit of the park, as the 
``Barataria Preserve Unit.''

                          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 Marsh Unit; 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 Marsh Unit (redesignated in this bill as 
the ``Barataria Preserve''), located about 10 miles south of 
New Orleans, 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.
    The boundary expansion made by S. 783 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 coastal wetlands.
    S. 783 would transfer primarily wetlands that are already 
in federal ownership to the National Park Service. A 1996 NPS 
boundary study found ``Bayou aux Carpes'' and ``Bayou 
Segnette'' to be appropriate and feasible for inclusion within 
the boundary of the preserve. These lands are currently 
unavailable for public use. The study also concluded that 
adding the two areas would enhance interagency management of 
the upper Barataria basin. The Bayou aux Carpes area consists 
of approximately 2,905 acres. The majority of these acres are 
wetlands that were acquired by the Justice Department in 1996 
through a settlement agreement. Currently, the Park Service has 
constructive possession of the deeds for these lands but no 
authority to manage them.
    In addition to Bayou aux Carpes, the bill would add 
approximately 815 acres of the Bayou Segnette, an area also 
known 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 National Park Service once the Hurricane 
Protection Levee is complete and an easement is granted to the 
local levee district along the boundary of the tract.
    S. 783 would also include approximately 5,820 acres of 
private property, in 10 tracts within the park boundary, which 
could be acquired by the Secretary of the Interior from willing 
sellers. The largest parcel, approximately 5,000 acres known as 
the Fleming-Berthoud Plantation, is one of the southernmost 
early sugar plantations. It surrounds a 1,000-year-old 
prehistoric Indian mound and a historic cemetery on the edge of 
Bayou Barataria. 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 
wetlands with limited access and no potential for development.

                          Legislative History

    S. 783, sponsored by Senator Landrieu, was introduced on 
March 6, 2007. During the 109th Congress, the Committee 
considered similar legislation sponsored by Senator Landrieu, 
S. 207. The Committee ordered S. 207 to be favorably reported 
on February 9, 2005, (S. Rept. 109-25) and the bill passed the 
Senate by unanimous consent on July 26, 2005. The House of 
Representatives passed a companion measure sponsored by Rep. 
Jindal, H.R. 1515, on September 25, 2006. The two bills were 
not reconciled prior to the sine die adjournment of the 
Congress.
    Senator Landrieu sponsored a similar measure during the 
108th Congress, S. 2287. The Subcommittee on National Parks 
held a hearing on S. 2287 on June 8, 2004, (S. Hrg. 108-638) 
and the Committee ordered the bill to be favorably reported on 
July 14, 2004 (S. Rept. 108-325). S. 2287 passed the Senate by 
unanimous consent on September 15, 2004.
    The Subcommittee on National Parks held a hearing on S. 783 
on April 26, 2007 (S. Hrg. 110-88). At its business meeting on 
May 7, 2008, the Committee ordered S. 783 favorably reported 
with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on, May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 783, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 783, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
references a new map of the proposed addition and clarifies 
that the acquisition terms applicable to the addition area do 
not apply to the existing park boundary. The amendment also 
provides for the transfer of administrative jurisdiction over 
other Federally-owned parcels in the proposed addition to the 
National Park Service. In addition, the amendment makes several 
other technical, clarifying, and conforming changes. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Jean Lafitte 
National Historical Park and Preserve Boundary Adjustment Act 
of 2008''.
    Section 2(a) amends section 901 of the enabling legislation 
for the Jean Lafitte National Historical Park and Preserve (the 
``park'') (16 U.S.C. 230) to incorporate a new boundary map to 
reflect the expanded park boundary.
    Subsection (b) amends section 902 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230a) to authorize the 
addition of lands within the park's Barataria Preserve Unit (as 
redesignated by this Act) from willing sellers. The subsection 
also provides that administrative jurisdiction over any Federal 
lands within the area to be added to the park is transferred, 
without consideration, to the jurisdiction of the National Park 
Service, subject to any easements that have been agreed to 
between the Secretary of the Interior and the Army Corps of 
Engineers to ensure adequate hurricane protection of the 
communities located in the area.
    Subsection (c) amends section 903 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230b) to allow owners of 
improved property within the addition area to have the option 
of retaining a right of use and occupancy for non-commercial 
residential purposes within the park.
    Subsection (d) amends section 905 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 230d) to clarify that the 
Secretary of the Interior's authority to designate zones and 
periods where no hunting is allowed applies to lands and waters 
managed by the Secretary.
    Subsection (e) makes a conforming change in section 906 of 
the park's enabling law (16 U.S.C. 230e).
    Section 3 changes the name of the park's Barataria Marsh 
Unit to the Barataria Preserve Unit and makes conforming 
changes throughout the park's enabling law.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 783--Jean Lafitte National Historical Park and Preserve Boundary 
        Adjustment Act of 2008

    S. 783 would expand by 8,000 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.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 783 would cost between $1 million and $9 
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 in the acquisition area would cost 
around $1 million. Acquisition costs would increase by up to $8 
million if the NPS also purchases the 5,000-acre Fleming 
Plantation or some of the 86 acres of private uplands in the 
Bayou aux Carpes addition area. We estimate that costs to 
develop and manage most of the additional acreage would be 
minimal, unless the NPS acquires historic buildings associated 
with the Fleming Plantation. (In that case, the agency could 
incur significant additional costs to restore and maintain such 
structures.) Finally, we estimate that the NPS would need about 
$200,000 annually to maintain upland areas near the plantation. 
Enacting S. 783 would have no effect on direct spending or 
revenues.
    S. 783 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.
    On March 9, 2007, CBO transmitted a cost estimate for H.R. 
162, the Jean Lafitte National Historical Park and Preserve 
Boundary Adjustment Act of 2007, as ordered reported by the 
House Committee on Natural Resources on March 7, 2007. H.R. 162 
and S. 783 are very similar, but the Senate version would add 
more acres to the park, including property containing historic 
structures. The CBO cost estimates reflect that difference.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, 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. 783. 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. 783, as ordered reported.

                   Congressionally Directed Spending

    S. 783, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 26, 2007, subcommittee hearing on S. 783 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       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. 783. 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. 783, with a clarifying 
amendment. The bill contains an expansion of the acquisition 
authority contained in a legislative proposal transmitted by 
the Administration in the 108th Congress.
    This bill would authorize the Secretary of the Interior 
(Secretary) to acquire approximately 3,900 acres adjacent to 
the Barataria Preserve (Preserve) unit of the park that were 
recommended by a 1996 boundary study. This bill would also 
authorize the Secretary to acquire approximately 5,000 acres of 
a historic plantation from willing sellers. These private lands 
and waters would be added to the boundary of the Preserve only 
after they are acquired. Acquisition of all the lands and 
waters authorized by this bill would increase the authorized 
size of the Preserve from approximately 18,400 acres to 
approximately 27,300 acres. Finally, the bill would 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. 783 would allow the 
addition of estuarine and freshwater wetlands to the Barataria 
Preserve's boundaries, allowing the boundary to more closely 
conform to existing waterways and levee corridors that mark the 
interface between developable land and estuarine wetlands. The 
expanded boundary would also protect wetlands that are part of 
the Barataria-Terrebonne National Estuary, the most 
biologically productive estuary in North America and a natural 
buffer for tropical storm surges. This estuary has experienced 
the highest rate of land loss of any of our coastal wetlands.
    Two of the areas proposed for acquisition--Bayoux aux 
Carpes and Bayou Segnette--total 3,905 acres and were studied 
by NPS in 1996 and found to be appropriate and suitable 
additions to the park. These areas were proposed for 
acquisition in an Administration legislative proposal forwarded 
to Congress during the 108th Congress.
    Approximately 3,084 of the 3,905 acres in these areas are 
in federal ownership as the result of the settlements of 
lawsuits, one by the Department of Justice and one by the U.S. 
Army Corps of Engineers. S. 783 would transfer these areas to 
the NPS. Currently, the NPS has constructive possession of the 
deeds for the 2,268 acres owned by the Department of Justice, 
but no authority to manage them. The Corps has indicated its 
willingness to transfer management authority for their 815 
acres of 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. There are also 
approximately 821 acres of non-federal land within these areas. 
All but 86 of those acres are either undevelopable 
jurisdictional wetlands or state owned highway or levee right-
of-ways which could only be acquired by donation. All of the 
non-federal landowners within Bayou aux Carpes have been 
contacted about being included within the boundary and none 
have objected. Several have actively supported inclusion of 
their property within the proposed boundary.
    S. 783 would also allow the Secretary to acquire the 5,000-
acre Fleming (formerly Mavis Grove) Plantation. While most of 
the Plantation is composed of wetlands that would offer 
recreation and watershed protection, the Plantation also 
contains a 2,000 year old Native American ceremonial mound, one 
of the most intact prehistoric sites remaining in the delta 
region. The Plantation is owned by the Fleming family LLC and 
individual Fleming family members. A representative for the 
Fleming family has contacted the National Park Service and 
members of Congress to encourage that the Plantation be added 
to the Preserve.
    In an Administration proposal submitted to Congress during 
the 108th Congress, the National Park Service estimated the 
costs of 821 acres of these private lands. Of the 821 acres, 
roughly 735 acres were wetlands that had been recently 
appraised at $170,000, or less than $300 per acre. 
Approximately 86 of these acres were developable, but were 
accessible only by a dirt road and do not include utilities, 
highway or waterfront access. These lands are expected to cost 
$25,000 per acre, or approximately $2.1 million for 86 acres. 
Costs for the Fleming plantation are not available at this 
time.
    No funding has yet been identified for any of the 
acquisitions proposed in this bill. Funding for any of these 
purposes would be subject to the budget prioritization process 
of the National Park Service.
    The expanded boundary proposed in S. 783 would also include 
State-owned highway rights-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. 783. In 1999, both the 
Jefferson Parish Council and the Village of Jean Lafitte 
adopted resolutions that support the Federal land transfers.
    S. 783 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.
    S. 783 appears to modify the authority given to the 
Department by the 1978 act that authorized the park. The 
Department would like to work with the committee to make 
certain that acquisition authority within the existing Preserve 
remains consistent with the 1978 act, and that boundary 
adjustment language is consistent with bills in previous 
Congresses.
    Mr. Chairman, that completes my testimony. I would be 
pleased to answer any questions you or other members of the 
subcommittee may have.


                        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 
the bill S. 783 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):

 AN ACT To authorize additional appropriations for the acquisition of 
 lands and interests in lands within the Sawtooth National Recreation 
                             Area in Idaho

            (Public Law 95-625; Approved November 10, 1978)


                        [16 U.S.C. 230 et seq.]

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

           *       *       *       *       *       *       *


                                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 (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,] 
generally depicted on the map entitled ``Boundary Map Barataria 
Preserve Unit, Jean Laffitte National Historical Park and 
Preserve,'' numbered 467/80100A, and dated December 2007, 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 part.
    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 section 230 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 Barataria Preserve Unit by 
                donation, purchase with donated or appropriated 
                funds, transfer from any other Federal agency, 
                or exchange.
                  (B) Limitations.--
                          (i) In general.--Any non-Federal land 
                        depicted on the map described in 
                        section 901 as ``Lands Proposed for 
                        Addition'' may be acquired by the 
                        Secretary only with the consent of the 
                        owner of the land.
                          (ii) Boundary adjustment.--On the 
                        date on which the Secretary acquires a 
                        parcel of land described in clause (i), 
                        the boundary of the Barataria Preserve 
                        Unit shall be adjusted to reflect the 
                        acquisition.
                          (iii) Jurisdiction of national park 
                        service.--Administrative jurisdiction 
                        over any Federal land within the areas 
                        depicted on the map described in 
                        section 901 as ``Lands Proposed for 
                        Addition'' is transferred, without 
                        consideration, to the administrative 
                        jurisdiction of the National Park 
                        Service, to be administered as part of 
                        the Barataria Preserve Unit.
                          (iv) Easements.--To ensure adequate 
                        hurricane protection of the communities 
                        located in the area, any land 
                        identified on the map described in 
                        section 901 that is acquired or 
                        transferred shall be subject to any 
                        easements that have been agreed to by 
                        the Secretary and the Secretary of the 
                        Army. [The Secretary may also acquire 
                        by any of the foregoing methods]
          (2) French quarter.--The Secretary may acquire by any 
        of the methods referred to in paragraph (1)(A) 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. [In acquiring]
          (4) Acquisition of oil and gas rights.--In acquiring 
        property pursuant to this part, 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 part.
    [(b) With respect to the lands, waters, and interests 
therein generally depicted as the ``park protection zone'' on 
the map referred to in section 230 of this title, the Secretary 
shall, no later than six months from November 10, 1978, 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.
    (c) Adjacent Land.--With the consent of the owner and the 
parish governing authority, the Secretary may--
          (1) acquire land, water, and interests in land and 
        water, by any of the methods referred to in subsection 
        (a)(1)(A) (including use of appropriations from the 
        Land and Water Conservation Fund); and
          (2) revise the boundaries of the Barataria Preserve 
        Unit to include adjacent land and water.
    [(g)] (d) 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, (or 
January 1, 2007 for areas added to the park after that date) 
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.

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    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] on land, and interests in 
land and water managed by the Secretary, except that 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 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. 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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