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

submitted 48 years ago by Pub. L. 95-625 to r/title-16-CONSERVATION · 529 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can buy, accept as a gift, or trade for land within the Jean Lafitte park's Barataria Preserve Unit, French Quarter, and Acadian villages, though state-owned land can only be donated and non-federal "Lands Proposed for Addition" only with the owner's consent. The Secretary must protect the preserve's water drainage, plants, ecosystems, and air and water quality, and can add nearby land with local consent.

(a) In general. (1) Barataria Preserve Unit. The Secretary can get land, water, and land rights within the Barataria Preserve Unit by donation, by buying it with donated or government funds, by transfer from another federal agency, or by exchange. However, non-federal land marked "Lands Proposed for Addition" on the map described in section 230 can only be acquired with the owner's consent, and once acquired, the preserve's boundary is automatically updated to include it. To protect against hurricanes, any land on that map that is acquired or transferred stays subject to easements the Secretary and the Secretary of the Army have agreed to. As of March 30, 2009, federal land in the "Lands Proposed for Addition" areas is automatically transferred to National Park Service control as part of the Barataria Preserve Unit. (2) French Quarter. The Secretary can get land in the French Quarter, including leases, the same ways described above, to build and run a visitor and administrative facility. (3) Acquisition of State land. Land owned by the State of Louisiana or its local governments can only be acquired by donation. (4) Acquisition of oil and gas rights. The Secretary cannot take oil and gas rights without the owner's consent, but using those rights is subject to the Secretary's regulations. (b) Resource protection. For the Barataria Preserve Unit's land, water, and land rights, the Secretary must protect: (1) natural fresh water drainage patterns; (2) plant cover; (3) the health of ecological and biological systems; and (4) water and air quality. (c) Adjacent land. With the landowner's and the parish government's consent, the Secretary can acquire nearby land and water — including using Land and Water Conservation Fund money — and expand the Barataria Preserve Unit's boundary to include it. (d) Acadian villages and towns. The Secretary can acquire up to about 20 acres in Acadian villages and towns, by donation, purchase, or exchange, and any land acquired this way becomes part of the Jean Lafitte National Historical Park and Preserve.

the actual law source: uscode.house.gov ↗public domain

(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.

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

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.

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.

Source credit: (Pub. L. 95–625, title IX, § 902, Nov. 10, 1978, 92 Stat. 3535; Pub. L. 96–87, title IV, § 401(q)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100–250, § 1(b), Feb. 16, 1988, 102 Stat. 16; Pub. L. 111–11, title VII, § 7105(b), (f)(2)(B), Mar. 30, 2009, 123 Stat. 1191, 1193.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-625 · 92 Stat. 3535
1979Amended · Pub. L. 96-87 · 93 Stat. 666
1988Amended · Pub. L. 100-250 · 102 Stat. 16
2009Amended · Pub. L. 111-11 · 123 Stat. 1191, 1193

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-625 on 1978-11-10.

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