Part A—Generally
§230. Establishment; description of area
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 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, 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 Unit of the Jean Lafitte National Historical Park and Preserve; 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.
(
Editorial Notes
Amendments
2009—
1988—
Statutory Notes and Related Subsidiaries
Change of Name
"(A) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or
"(B) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve."
"Jean Lafitte National Historical Park and Preserve" substituted for "Jean Lafitte National Historical Park" in cl. (5) pursuant to section 7105(f)(1)(B) of
"Chalmette Unit of the Jean Lafitte National Historical Park" substituted for "Chalmette National Historical Park" pursuant to
Save the Liberty Theatre
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Save the Liberty Theatre Act of 2021'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"SEC. 3. LAND CONVEYANCE.
"(a)
"(b)
"(c)
"SEC. 4. BOUNDARY ADJUSTMENTS.
"Upon the conveyance to the City of the land described in section 3(b), the boundary of the Jean Lafitte National Historical Park and Preserve shall be adjusted to exclude—
"(1) the conveyed land; and
"(2) Lots 7 and 8 of the Original Townsite of Eunice generally depicted as 'Non-NPS in Current Boundary' on the map."
Laura C. Hudson Visitor Center
"(a)
"(b)
§230a. Acquisition of property
(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
(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) Easements
To ensure adequate hurricane protection of the communities located in the area, any land identified on the map described in
(C) Transfer of administration jurisdiction
Effective on March 30, 2009, administrative jurisdiction over any Federal land within the areas depicted on the map described in
(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.
(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 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) 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.
(d) 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 and Preserve.
(
Editorial Notes
Amendments
2009—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsecs. (e), (f).
"(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."
Subsec. (g).
1988—Subsec. (g).
1979—Subsec. (a).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230b. Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined
Within the 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.
(
Editorial Notes
Amendments
2009—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230c. Cooperative agreements; specific provisions
In furtherance of the purposes of this part, and after consultation with the Commission created by
(
Editorial Notes
References in Text
Paragraphs (4) and (5) of
Amendments
1979—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
1 See References in Text note below.
§230d. Hunting, fishing, and trapping; public safety; consultation
Within the Barataria Preserve Unit, the Secretary shall permit hunting, fishing (including commercial fishing), and trapping in accordance with applicable Federal and State laws 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.
(
Editorial Notes
Amendments
2009—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230e. Establishment; notice in Federal Register; administration
The Secretary shall administer the park in accordance with the provisions of this part, the Act of August 25, 1916 (
(
Editorial Notes
References in Text
The Act of August 25, 1916 (
The Act of August 21, 1935 (
Amendments
2009—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
1 See References in Text note below.
§230f. Delta Region Preservation Commission
(a) Establishment; membership
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;
(7) one member appointed by the Chairman of the National Endowment for the Arts; and
(8) 1 two members appointed by the Secretary from recommendations submitted by the Police Jury of Saint Bernard Parish.
(8) 1 one member who shall have experience as a folklorist and who is familiar with the cultures of the Mississippi Delta Region appointed by the Secretary of the Smithsonian Institution.
(b) Compensation and expenses
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) Functions
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) Majority voting; generally; single parish or municipality
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) Ex officio members; staff support and technical services; termination date
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. The Commission shall terminate twenty years from November 10, 1978.
(
Editorial Notes
Amendments
1988—Subsec. (a)(6), (7).
Subsec. (a)(8).
Subsec. (e).
1979—Subsec. (a)(8).
Subsec. (e).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
1 So in original. There are two pars. designated "(8)".
§230g. Authorization of appropriations; general management plan; submission to Congressional committees
(a) There is authorized to be appropriated, to carry out the provisions of this part, 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 November 10, 1978, 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.
(
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of
§230h. Change in name of Chalmette National Historical Park
The area described in the Act of October 9, 1962 (
(
Editorial Notes
References in Text
Act of October 9, 1962 (
Amendments
2009—
§230i. Report to Congressional committees
By no later than the end of the first full fiscal year following November 10, 1978, 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.
(
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
"Secretary" Defined
Secretary means the Secretary of the Interior, see section 2 of