II 

Calendar No. 784 

110TH CONGRESS 

2D SESSION S. 783 

[Report No. 110–352] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2007 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


jbell on PROD1PC69 with BILLS
2 

•S 783 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Jean Lafitte National 

3 Historical Park and Preserve Boundary Adjustment Act 

4 of 2007’’. 

5 SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND 

6 PRESERVE BOUNDARY ADJUSTMENT. 

7 (a) IN GENERAL.—Section 901 of the National Parks 

8 and Recreation Act of 1978 (16 U.S.C. 230) is amended 

9 in the second sentence by striking ‘‘of approximately twen10 ty thousand acres generally depicted on the map entitled 

11 ‘Barataria Marsh Unit-Jean Lafitte National Historical 

12 Park and Preserve’ numbered 90,000B and dated April 

13 1978,’’ and inserting ‘‘generally depicted on the map enti14 tled ‘Boundary Map, Barataria Preserve Unit, Jean La15 fitte National Historical Park and Preserve’, numbered 

16 lllll, and dated llllllll,’’. 

17 (b) ACQUISITION OF LAND.—Section 902 of the Na18 tional Parks and Recreation Act of 1978 (16 U.S.C. 230a) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘(a) Within the’’ and all 

22 that follows through the first sentence and in23 serting the following: 

24 ‘‘(a) IN GENERAL.— 

25 ‘‘(1) BARATARIA PRESERVE UNIT.— 


jbell on PROD1PC69 with BILLS
3 

•S 783 RS

1 ‘‘(A) IN GENERAL.—The Secretary may 

2 acquire any land, water, and interests in land 

3 and water within the area, as depicted on the 

4 map described in section 901, by donation, pur5 chase with donated or appropriated funds, 

6 transfer from any other Federal agency, or ex7 change. 

8 ‘‘(B) LIMITATIONS.— 

9 ‘‘(i) IN GENERAL.—Any private land 

10 located in the area, as depicted on the map 

11 described in section 901, may be acquired 

12 by the Secretary only with the consent of 

13 the owner of the land. 

14 ‘‘(ii) BOUNDARY ADJUSTMENT.—On 

15 the date on which the Secretary, under 

16 subparagraph (A), completes the acquisi17 tion of a parcel of private land located in 

18 the area, as depicted on the map described 

19 in section 901, the boundary of the histor20 ical park and preserve shall be adjusted to 

21 reflect the acquisition. 

22 ‘‘(iii) JURISDICTION OF NATIONAL

23 PARK SERVICE.—Any Federal land ac24 quired in the areas shall be transferred 


jbell on PROD1PC69 with BILLS
4 

•S 783 RS

1 without consideration to the administrative 

2 jurisdiction of the National Park Service. 

3 ‘‘(iv) EASEMENTS.—To ensure ade4 quate hurricane protection of the commu5 nities located in the area, any land in the 

6 area identified on the map that is acquired 

7 or transferred shall be subject to any ease8 ments that have been agreed to by the Sec9 retary and the Secretary of the Army.’’; 

10 (B) in the second sentence, by striking 

11 ‘‘The Secretary may also’’ and inserting the fol12 lowing: 

13 ‘‘(2) FRENCH QUARTER.—The Secretary may’’; 

14 (C) in the third sentence, by striking 

15 ‘‘Lands, waters, and interests therein’’ and in16 serting the following: 

17 ‘‘(3) ACQUISITION OF STATE LAND.—Land, 

18 water, and interests in land and water’’; and 

19 (D) in the fourth sentence, by striking ‘‘In 

20 acquiring’’ and inserting the following: 

21 ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.— 

22 In acquiring’’; 

23 (2) by striking subsections (b) through (f) and 

24 inserting the following: 


jbell on PROD1PC69 with BILLS
5 

•S 783 RS

1 ‘‘(b) RESOURCE PROTECTION.—With respect to the 

2 land, water, and interests in land and water of the 

3 Barataria Preserve Unit, the Secretary shall preserve and 

4 protect— 

5 ‘‘(1) fresh water drainage patterns; 

6 ‘‘(2) vegetative cover; 

7 ‘‘(3) the integrity of ecological and biological 

8 systems; and 

9 ‘‘(4) water and air quality.’’; and 

10 (3) by redesignating subsection (g) as sub11 section (c). 

12 (c) HUNTING, FISHING, AND TRAPPING.—Section 

13 905 of the National Parks and Recreation Act of 1978 

14 (16 U.S.C. 230d) is amended in the first sentence by 

15 striking ‘‘, except that within the core area and on those 

16 lands acquired by the Secretary pursuant to section 902(c) 

17 of this title, he’’ and inserting ‘‘on land, and interests in 

18 land and water managed by the Secretary, except that the 

19 Secretary’’. 

20 (d) ADMINISTRATION.—Section 906 of the National 

21 Parks and Recreation Act of 1978 (16 U.S.C. 230e) is 

22 amended— 

23 (1) by striking the first sentence; and 


jbell on PROD1PC69 with BILLS
6 

•S 783 RS

1 (2) in the second sentence, by striking ‘‘Pend2 ing such establishment and thereafter the’’ and in3 serting ‘‘The’’. 

4 SEC. 3. REFERENCES IN LAW. 

5 (a) IN GENERAL.—Any reference in a law (including 

6 regulations), map, document, paper, or other record of the 

7 United States— 

8 (1) to the Barataria Marsh Unit shall be con9 sidered to be a reference to the Barataria Preserve 

10 Unit; or 

11 (2) to the Jean Lafitte National Historical 

12 Park shall be considered to be a reference to the 

13 Jean Lafitte National Historical Park and Preserve. 

14 (b) CONFORMING AMENDMENTS.—Title IX of the 

15 National Parks and Recreation Act of 1978 (16 U.S.C. 

16 230 et seq.) is amended— 

17 (1) by striking ‘‘Barataria Marsh Unit’’ each 

18 place it appears and inserting ‘‘Barataria Preserve 

19 Unit’’; and 

20 (2) by striking ‘‘Jean Lafitte National Histor21 ical Park’’ each place it appears and inserting ‘‘Jean 

22 Lafitte National Historical Park and Preserve’’. 


jbell on PROD1PC69 with BILLS
7 

•S 783 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Jean Lafitte National 

3 Historical Park and Preserve Boundary Adjustment Act of 

4 2008’’. 

5 SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND 

6 PRESERVE BOUNDARY ADJUSTMENT. 

7 (a) IN GENERAL.—Section 901 of the National Parks 

8 and Recreation Act of 1978 (16 U.S.C. 230) is amended 

9 in the second sentence by striking ‘‘of approximately twenty 

10 thousand acres generally depicted on the map entitled 

11 ‘Barataria Marsh Unit-Jean Lafitte National Historical 

12 Park and Preserve’ numbered 90,000B and dated April 

13 1978,’’ and inserting ‘‘generally depicted on the map enti14 tled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte 

15 National Historical Park and Preserve’, numbered 467/ 

16 80100A, and dated December 2007,’’. 

17 (b) ACQUISITION OF LAND.—Section 902 of the Na18 tional Parks and Recreation Act of 1978 (16 U.S.C. 230a) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘(a) Within the’’ and all 

22 that follows through the first sentence and insert23 ing the following: 

24 ‘‘(a) IN GENERAL.— 

25 ‘‘(1) BARATARIA PRESERVE UNIT.— 


jbell on PROD1PC69 with BILLS
8 

•S 783 RS

1 ‘‘(A) IN GENERAL.—The Secretary may ac2 quire any land, water, and interests in land and 

3 water within the Barataria Preserve Unit by do4 nation, purchase with donated or appropriated 

5 funds, transfer from any other Federal agency, 

6 or exchange. 

7 ‘‘(B) LIMITATIONS.— 

8 ‘‘(i) IN GENERAL.—Any non-Federal 

9 land depicted on the map described in sec10 tion 901 as ‘Lands Proposed for Addition’ 

11 may be acquired by the Secretary only with 

12 the consent of the owner of the land. 

13 ‘‘(ii) BOUNDARY ADJUSTMENT.—On 

14 the date on which the Secretary acquires a 

15 parcel of land described in clause (i), the 

16 boundary of the Barataria Preserve Unit 

17 shall be adjusted to reflect the acquisition. 

18 ‘‘(iii) JURISDICTION OF NATIONAL

19 PARK SERVICE.—Administrative jurisdic20 tion over any Federal land within the areas 

21 depicted on the map described in section 

22 901 as ‘Lands Proposed for Addition’ is 

23 transferred, without consideration, to the 

24 administrative jurisdiction of the National 


jbell on PROD1PC69 with BILLS
9 

•S 783 RS

1 Park Service, to be administered as part of 

2 the Barataria Preserve Unit. 

3 ‘‘(iv) EASEMENTS.—To ensure ade4 quate hurricane protection of the commu5 nities located in the area, any land identi6 fied on the map described in section 901 

7 that is acquired or transferred shall be sub8 ject to any easements that have been agreed 

9 to by the Secretary and the Secretary of the 

10 Army.’’; 

11 (B) in the second sentence, by striking ‘‘The 

12 Secretary may also acquire by any of the fore13 going methods’’ and inserting the following: 

14 ‘‘(2) FRENCH QUARTER.—The Secretary may ac15 quire by any of the methods referred to in paragraph 

16 (1)(A)’’; 

17 (C) in the third sentence, by striking 

18 ‘‘Lands, waters, and interests therein’’ and in19 serting the following: 

20 ‘‘(3) ACQUISITION OF STATE LAND.—Land, 

21 water, and interests in land and water’’; and 

22 (D) in the fourth sentence, by striking ‘‘In 

23 acquiring’’ and inserting the following: 

24 ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In 

25 acquiring’’; 


jbell on PROD1PC69 with BILLS
10 

•S 783 RS

1 (2) by striking subsections (b) through (f) and 

2 inserting the following: 

3 ‘‘(b) RESOURCE PROTECTION.—With respect to the 

4 land, water, and interests in land and water of the 

5 Barataria Preserve Unit, the Secretary shall preserve and 

6 protect— 

7 ‘‘(1) fresh water drainage patterns; 

8 ‘‘(2) vegetative cover; 

9 ‘‘(3) the integrity of ecological and biological sys10 tems; and 

11 ‘‘(4) water and air quality. 

12 ‘‘(c) ADJACENT LAND.—With the consent of the owner 

13 and the parish governing authority, the Secretary may— 

14 ‘‘(1) acquire land, water, and interests in land 

15 and water, by any of the methods referred to in sub16 section (a)(1)(A) (including use of appropriations 

17 from the Land and Water Conservation Fund); and 

18 ‘‘(2) revise the boundaries of the Barataria Pre19 serve Unit to include adjacent land and water.’’; and 

20 (3) by redesignating subsection (g) as subsection 

21 (d). 

22 (c) DEFINITION OF IMPROVED PROPERTY.—Section 

23 903 of the National Parks and Recreation Act of 1978 (16 

24 U.S.C. 230b) is amended in the fifth sentence by inserting 


jbell on PROD1PC69 with BILLS
11 

•S 783 RS

1 ‘‘(or January 1, 2007, for areas added to the park after 

2 that date)’’ after ‘‘January 1, 1977’’. 

3 (d) HUNTING, FISHING, AND TRAPPING.—Section 905 

4 of the National Parks and Recreation Act of 1978 (16 

5 U.S.C. 230d) is amended in the first sentence by striking 

6 ‘‘, except that within the core area and on those lands ac7 quired by the Secretary pursuant to section 902(c) of this 

8 title, he’’ and inserting ‘‘on land, and interests in land and 

9 water managed by the Secretary, except that the Secretary’’. 

10 (e) ADMINISTRATION.—Section 906 of the National 

11 Parks and Recreation Act of 1978 (16 U.S.C. 230e) is 

12 amended— 

13 (1) by striking the first sentence; and 

14 (2) in the second sentence, by striking ‘‘Pending 

15 such establishment and thereafter the’’ and inserting 

16 ‘‘The’’. 

17 SEC. 3. REFERENCES IN LAW. 

18 (a) IN GENERAL.—Any reference in a law (including 

19 regulations), map, document, paper, or other record of the 

20 United States— 

21 (1) to the Barataria Marsh Unit shall be consid22 ered to be a reference to the Barataria Preserve Unit; 

23 or 


jbell on PROD1PC69 with BILLS
12 

•S 783 RS

1 (2) to the Jean Lafitte National Historical Park 

2 shall be considered to be a reference to the Jean La3 fitte National Historical Park and Preserve. 

4 (b) CONFORMING AMENDMENTS.—Title IX of the Na5 tional Parks and Recreation Act of 1978 (16 U.S.C. 230 

6 et seq.) is amended— 

7 (1) by striking ‘‘Barataria Marsh Unit’’ each 

8 place it appears and inserting ‘‘Barataria Preserve 

9 Unit’’; and 

10 (2) by striking ‘‘Jean Lafitte National Historical 

11 Park’’ each place it appears and inserting ‘‘Jean La12 fitte National Historical Park and Preserve’’. 


jbell on PROD1PC69 with BILLS

jbell on PROD1PC69 with BILLS
Calendar No. 784 

110TH CONGRESS 

2D SESSION S. 783 

[Report No. 110

–352] 

A BILL 

To adjust the boundary of the Barataria Preserve 

for other purposes. Park and Preserve in the State of Louisiana, and Unit of the Jean Lafitte National Historical 

JUNE 16, 2008 

Reported with an amendment 


jbell on PROD1PC69 with BILLS