16 U.S.C. § 230a: Acquisition of property

Summary

The Secretary may get land, water, and related rights for the Barataria Preserve Unit by donation, purchase with donated or appropriated money, transfer from another federal agency, or exchange. Land marked on the official map as “Lands Proposed for Addition” can only be acquired with the owner’s consent, and when bought the unit’s boundary must be changed to include it. Any acquired or transferred land there must follow easements agreed to by the Secretary and the Secretary of the Army for hurricane protection. On March 30, 2009, federal lands shown as “Lands Proposed for Addition” were moved into National Park Service control and are to be managed as part of the Barataria Preserve Unit. The Secretary may also acquire property, including lease interests, in the French Quarter for an interpretive and administrative facility. Land owned by the State of Louisiana or its local governments may only be taken by donation. The Secretary may not acquire oil and gas rights without the owner’s permission, though the Secretary can set rules for how those rights are used. The Secretary must protect fresh water drainage patterns, plant cover, ecological and biological systems, and water and air quality on Barataria Preserve lands. With the owner’s and parish government’s consent, the Secretary may buy adjacent land (including using Land and Water Conservation Fund money) and change the unit’s boundaries to include it. Up to approximately 20 acres in Acadian villages and towns may be obtained by donation, purchase with donated or appropriated funds, or exchange and added to the Jean Lafitte National Historical Park and Preserve.

Title 16, §230a

Conservation, Source: USLM XML via OLRC

(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 230 of this title 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)Easements

To ensure adequate hurricane protection of the communities located in the area, any land identified on the map described in section 230 of this title 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.

(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 section 230 of this title 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.

(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 (4) Acquisition of oil and gas rights

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.

(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 (d) Acadian villages and towns

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–11, § 7105(b)(1), inserted heading, inserted par. (1) designation and heading and substituted text of par. (1) for “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.”, inserted par. (2) designation and heading and substituted “The Secretary may acquire by any of the methods referred to in paragraph (1)(A)” for “The Secretary may also acquire by any of the foregoing methods”, inserted par. (3) designation and heading and substituted “Land, water, and interests in land and water” for “Lands, waters, and interests therein”, and inserted par. (4) designation and heading. Subsecs. (b), (c). Pub. L. 111–11, § 7105(b)(2), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which related to guidelines or criteria applicable to the use and development of properties within a park protection zone, and preservation and protection of certain values, respectively. Subsec. (d). Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), redesignated subsec. (g) as (d) and substituted “Jean Lafitte National Historical Park and Preserve” for “Jean Lafitte National Historical Park”. Pub. L. 111–11, § 7105(b)(2), struck out subsec. (d). Prior to amendment, text read as follows: “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.” Subsecs. (e), (f). Pub. L. 111–11, § 7105(b)(2), struck out subsecs. (e) and (f) which read as follows: “(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). Pub. L. 111–11, § 7105(b)(3), redesignated subsec. (g) as (d). 1988—Subsec. (g). Pub. L. 100–250 added subsec. (g). 1979—Subsec. (a). Pub. L. 96–87 substituted “eight thousand six hundred acres” for “eight thousand acres”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230a Acquisition of Property