16 U.S.C. § 230f — Delta Region Preservation Commission

Page 145 TITLE 16—CONSERVATION § 230f 1 So in original. There are two pars. designated ‘‘(8)’’. 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Ta- bles. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of August 21, 1935 (49 Stat. 666), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classi- fication of this Act to the Code, see Tables. For disposi- tion of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 2009—Pub. L. 111–11 substituted ‘‘The’’ for ‘‘The Sec- retary shall establish the park by publication of a no- tice to that effect in the Federal Register at such time as he finds that, consistent with the general manage- ment plan referred to in section 230g of this title, suffi- cient 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 230c of this title. Pending such establishment and thereafter the’’. 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 sec- tion 45f of this title. § 230f. Delta Region Preservation Commission (a) Establishment; membership There is established the Delta Region Preser- vation Commission (hereinafter referred to as the ‘‘Commission’’), which shall consist of the following: (1) two members appointed by the Governor of the State of Louisiana; (2) two members appointed by the Secretary from recommendations submitted by the President of Jefferson Parish; (3) two members appointed by the Secretary from recommendations submitted by the Jef- ferson Parish Council; (4) two members appointed by the Secretary from recommendations submitted by the mayor of the city of New Orleans; (5) one member appointed by the Secretary from recommendations submitted by the com- mercial fishing industry; (6) three members appointed by the Sec- retary from recommendations submitted by local citizen conservation organizations in the delta region; (7) one member appointed by the Chairman of the National Endowment for the Arts; and (8) 1 two members appointed by the Sec- retary from recommendations submitted by the Police Jury of Saint Bernard Parish. (8) 1 one member who shall have experience as a folklorist and who is familiar with the cultures of the Mississippi Delta Region ap- pointed by the Secretary of the Smithsonian Institution. (b) Compensation and expenses Members of the Commission shall serve with- out compensation as such. The Secretary is au- thorized to pay the expenses reasonably in- curred by the non-Federal members of the Com- mission in carrying out their duties. (c) Functions The function of the Commission shall be to ad- vise the Secretary in the selection of sites for inclusion in the park, in the development and implementation of a general management plan, and in the development and implementation of a comprehensive interpretive program of the nat- ural, historic, and cultural resources of the re- gion. The Commission shall inform interested members of the public, the State of Louisiana and its political subdivisions, and interested Federal agencies with respect to existing and proposed actions and programs having a mate- rial effect on the perpetuation of a high-quality natural and cultural environment in the delta region. (d) Majority voting; generally; single parish or municipality The Commission shall act and advise by af- firmative vote of a majority of its members: Provided, That any recommendation of the Com- mission that affects the use or development, or lack thereof, of property located solely within a single parish or municipality shall have the con- currence of a majority of the members ap- pointed from recommendations submitted by such parish or municipality. (e) Ex officio members; staff support and tech- nical services; termination date The Directors of the Heritage Conservation and Recreation Service and the National Park Service shall serve as ex officio members of the Commission and provide such staff support and technical services as may be necessary to carry out the functions of the Commission. The Com- mission shall terminate twenty years from No- vember 10, 1978. (Pub. L. 95–625, title IX, § 907, Nov. 10, 1978, 92 Stat. 3537; Pub. L. 96–87, title IV, § 401(q)(3), (4), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100–250, § 1(c), Feb. 16, 1988, 102 Stat. 16; Pub. L. 100–355, § 2, June 28, 1988, 102 Stat. 667.) Editorial Notes AMENDMENTS 1988—Subsec. (a)(6), (7). Pub. L. 100–355, § 2(1), (2), which directed that in par. (6) ‘‘region;’’ be substituted for ‘‘region; and’’ and that in par. (7) ‘‘Arts; and’’ be substituted for ‘‘Arts.’’ could not be executed because of prior amendment by section 401(q)(3) of Pub. L. 96–87. Subsec. (a)(8). Pub. L. 100–355, § 2(3), added par. (8) re- lating to appointment of member with experience as folklorist familiar with cultures of Mississippi Delta Region. Subsec. (e). Pub. L. 100–250 substituted ‘‘twenty’’ for ‘‘ten’’. 1979—Subsec. (a)(8). Pub. L. 96–87, § 401(q)(3), added par. (8). Subsec. (e). Pub. L. 96–87, § 401(q)(4), provided that the Commission terminate ten years from November 10, 1978. Page 146 TITLE 16—CONSERVATION § 230g 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 sec- tion 45f of this title. § 230g. Authorization of appropriations; general management plan; submission to Congres- sional committees (a) There is authorized to be appropriated, to carry out the provisions of this part, not to ex- ceed $50,000,000 from the Land and Water Con- servation Fund for acquisition of lands, waters, and interests therein and such sums as nec- essary for the development of essential facili- ties. (b) Within three years from November 10, 1978, the Secretary, after consultation with the Com- mission, shall submit to the Committee on Inte- rior and Insular Affairs of the House of Rep- resentatives, and the Committee on Energy and Natural Resources of the Senate a general man- agement plan for the park indicating— (1) transportation alternatives for public ac- cess to the park; (2) the number of visitors and types of public use within the park which can be accommo- dated in accordance with the protection of its resources; (3) the location and estimated cost of facili- ties deemed necessary to accommodate such visitors and uses; and (4) a statement setting forth the actions which have been and should be taken to assure appropriate protection, interpretation, and management of the areas known as Big Oak Island and Couba Island. (Pub. L. 95–625, title IX, § 908, Nov. 10, 1978, 92 Stat. 3537.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under sec- tion 45f of this title. § 230h. Change in name of Chalmette National Historical Park The area described in the Act of October 9, 1962 (76 Stat. 755), as the ‘‘Chalmette National His- torical Park’’ is hereby redesignated as the Chalmette Unit of the 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. (Pub. L. 95–625, title IX, § 909, Nov. 10, 1978, 92 Stat. 3538; Pub. L. 111–11, title VII, § 7105(f)(2)(B), Mar. 30, 2009, 123 Stat. 1193.) Editorial Notes REFERENCES IN TEXT Act of October 9, 1962 (76 Stat. 755), referred to in text, is Pub. L. 87–759, Oct. 9, 1962, 76 Stat. 755. Section 5 of that Act, which related to the boundaries of the Park, is set out as a note under section 231a of this title. AMENDMENTS 2009—Pub. L. 111–11 substituted ‘‘Jean Lafitte Na- tional Historical Park and Preserve’’ for ‘‘Jean Lafitte National Historical Park’’. § 230i. Report to Congressional committees By no later than the end of the first full fiscal year following November 10, 1978, the Secretary shall submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate, a comprehensive report with recommendations as to sites within the Mississippi River Delta Region which constitute nationally significant examples of natural re- sources within that region. (Pub. L. 95–625, title IX, § 910, Nov. 10, 1978, 92 Stat. 3538.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under sec- tion 45f of this title. PART B—CHALMETTE UNIT § 231. Establishment; description of area The lands in Federal ownership located in Chalmette, Louisiana, in sections 10 and 21, township 13 south, range 12 east, Saint Helena meridian, on which there has been erected a monument pursuant to the provisions of section 450a of this title to the memory of the soldiers who fell in the Battle of New Orleans in the War of 1812, including the national cemetery at Chalmette, Louisiana, are designated as the Chalmette Unit of the Jean Lafitte National Historical Park and Preserve. (Aug. 10, 1939, ch. 640, § 1, 53 Stat. 1342; Pub. L. 95–625, title IX, § 909, Nov. 10, 1978, 92 Stat. 3538; Pub. L. 111–11, title VII, § 7105(f)(1)(B), Mar. 30, 2009, 123 Stat. 1193.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Jean Lafitte National Historical Park and Pre- serve’’ substituted for ‘‘Jean Lafitte National Histor- ical Park’’ pursuant to Pub. L. 111–11. ‘‘Chalmette Unit of the Jean Lafitte National Histor- ical Park’’ substituted for ‘‘Chalmette National Histor- ical Park’’ pursuant to Pub. L. 95–625. § 231a. Additional lands Upon the vesting of title in the United States to such additional lands as may be designated by the Secretary of the Interior as necessary and desirable for the purposes of the Chalmette Unit of the Jean Lafitte National Historical