69–010 

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, 

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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. 

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(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 BaratariaTerrebonne 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 lawmstockstill on PROD1PC66 with HEARING

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suit 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 FlemingBerthoud 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, 

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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 

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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 

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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 BaratariaTerrebonne 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 

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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 Stateowned 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 

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log 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. 

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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) 

ø16 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 

øJEAN 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 øJean 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 øof 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. ø(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 

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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. øThe 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. 

øLands, 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. 

øIn 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. 

ø(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 

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the park protection zone to be enacted and enforced by the State 

or local units of government. 

ø(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: 

ø(1) fresh water drainage patterns from the park protection 

zone into the core area; 

ø(2) vegetative cover; 

ø(3) integrity of ecological and biological systems; and 

ø(4) water and air quality. 

ø(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. 

ø(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. 

ø(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. 

ø(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 øJean Lafitte National Historical Park.¿ Jean Lafitte National Historical Park and Preserve. 

SEC. 903. Within the øBarataria 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 

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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 singlefamily, 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. 

* * * * * * * 

SEC. 905. Within the øBarataria Marsh Unit¿ Barataria Preserve 

Unit, the Secretary shall permit hunting, fishing (including commercial fishing), and trapping in accordance with applicable Federal and State laws, øexcept 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. øThe 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 øJean Lafitte National 

Historical Park¿ Jean Lafitte National Historical Park and Premstockstill on PROD1PC66 with HEARING

15 

serve. Any references to the Chalmette National Historical Park 

shall be deemed to be references to said Chalmette Unit. 

* * * * * * * 

Æ 

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