[DOCID: f:hr094.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-94
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JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT
ACT OF 2007
_______
April 17, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 162]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 162) 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, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 162 is to expand the Barataria Preserve
Unit of the Jean Lafitte National Historical Park and Preserve
in the State of Louisiana.
Background and Need for Legislation
The Jean Lafitte National Historical Park and Preserve is
comprised of six separate areas including sites in Lafayette,
Thibodaux and Eunice as well as the Chalmette Battlefield,
Barataria Preserve and the park's Headquarters in New Orleans,
Louisiana. The park was established to preserve significant
examples of the natural and cultural resources of Louisiana's
Delta region. Specifically, the Barataria Preserve unit
consists of approximately 18,400 acres located in Jefferson
Parish, about ten miles south of New Orleans.
As the result of litigation, the federal government owns
more than 3,000 acres adjoining the Barataria Preserve Unit.
Because the land is not within the boundary of the park,
however, it is not managed by the National Park Service and is
not available for public use. Congressional authorization is
required to include these lands within the park.
Committee Action
H.R. 162 was introduced on January 4, 2007, by
Representative Bobby Jindal (R-LA). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
During the 109th Congress, the Subcommittee held a hearing on
nearly identical legislation (H.R. 1515).
On March 7, 2007, the Subcommittee was discharged by
unanimous consent and the full Natural Resources Committee met
to consider the bill. No amendments were offered. The bill was
ordered favorably reported to the House of Representatives by
voice vote.
Section-by-Section Analysis
Section 1. Short title
Section 1 entitles the bill the ``Jean Lafitte National
Historical Park and Preserve Boundary Adjustment Act of 2007.''
Section 2. Jean Lafitte National Historical Park and Preserve Boundary
Adjustment
Section 2(a) amends Section 901 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230) to increase the acreage
ceiling of the park and to incorporate new land into the park
boundary by updated map reference.
Section 2(b) amends section 902 of the 1978 Act to require
that land added to the boundary in section 2(a) which is
already owned by the federal government be transferred to the
park without compensation and subject to existing easements.
Non-federal land, water or interests in land and water within
the Barataria Preserve Unit may be acquired by donation or
purchase with donated or appropriated funds, from willing
sellers only. This section also clarifies resource protection
requirements within the Barataria Unit.
Section 2(c) amends section 905 of the 1978 Act to remove
an exemption for hunting, fishing and trapping within the
Barataria Unit and allows the Secretary to prohibit these
activities on lands managed by the Secretary.
Section 2(d) makes a clarifying amendment to section 906 of
the 1978 Act.
Section 3. References in law
Section 3 updates references in existing law and makes
other conforming amendments.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, Section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 162--Jean Lafitte National Historical Park and Preserve Boundary
Adjustment Act of 2007
H.R. 162 would expand by 3,000 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.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 162 would cost between $1
million and $5 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 the privately owned wetlands and two large tracts of
federally owned property (some of which is located inside the
existing boundary but cannot be acquired without the transfer
authority that would be granted by H.R. 162) would cost around
$1 million. Acquisition costs would increase by up to $4
million if the NPS also purchases some of the 86 acres of
private uplands in the Bayou aux Carpes addition area. We
estimate that costs to develop and manage the additional
acreage would be minimal. This estimate is based on information
provided by the NPS. Enacting H.R. 162 would have no effect on
revenues or direct spending.
H.R. 162 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.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 162 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
NATIONAL PARKS AND RECREATION ACT OF 1978
* * * * * * *
TITLE IX--[JEAN 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 [Jean Lafitte
National Historical Park] Jean Lafitte National Historical Park
and Preserve and Preserve (hereinafter referred to as the
``park''). The park shall consist of (1) the area 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,] 23,000 acres generally depicted on the map titled
``Boundary Map, Barataria Preserve Unit, Jean Lafitte National
Historical Park and Preserve'', numbered 467/80100, and dated
August 2002, 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 title.
Sec. 902. [(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 the first section 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 boundary of the Barataria
Preserve Unit, as depicted on the map described
in section 901, by donation, purchase with
donated or appropriated funds, but only with
the consent of the owner, transfer from any
other Federal agency, or exchange.
(B) Limitations.--
(I) Federal land.--Any Federal land
acquired in the areas identified on the
map as the ``Bayou aux Carpes
Addition'' and ``CIT Tract Addition''
(the ``Areas'') shall be transferred
without consideration to the
administrative jurisdiction of the
National Park Service.
(II) Easements.--Any Federal land in
the Areas that is transferred under
clause (I) shall be subject to any
easements that have been agreed to by
the Secretary and the Secretary of the
Army.
(III) Private interests.--Any private
land, water, or interests in land and
water in the Barataria Preserve Unit
may be acquired by the Secretary only
with the consent of the owner. [The
Secretary may also]
(2) French quarter.--The Secretary may acquire by any
of the foregoing methods 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. [Lands, 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.
(4) Acquisition of oil and gas rights.--In acquiring
property pursuant to this title, 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 title.
[(b) With respect to the lands, waters, and interests therein
generally depicted as the ``park protection zone'' on the map
referred to in the first section of this title, the Secretary
shall, no later than six months from the date of enactment of
this Act, 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 the
park protection zone to be enacted and enforced by the State or
local units of government.
[(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:
[(1) fresh water drainage patterns from the park
protection zone into the core area;
[(2) vegetative cover;
[(3) integrity of ecological and biological systems;
and
[(4) water and air quality.
[(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.
[(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.]
(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.
[(g)] (c) 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] Jean Lafitte National
Historical Park and Preserve.
* * * * * * *
Sec. 905. Within the [Barataria Marsh Unit] Barataria
Preserve Unit, but only as to land, water, or interests in land
and water managed by the Secretary, the Secretary shall permit
hunting, fishing (including commercial fishing), and trapping
in accordance with applicable Federal and State laws, except
that [within the core area and on those lands acquired by the
Secretary pursuant to section 902(c) of this title, he may] 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. [The 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 980, 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 secton 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 [Jean
Lafitte National Historical Park] Jean Lafitte National
Historical Park and Preserve. Any references to the Chalmette
National Historical Park shall be deemed to be references to
said Chalmette Unit.
* * * * * * *
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