16 U.S.C. § 230b — Owner’s retention of right of use and oc-

Page 143 TITLE 16—CONSERVATION § 230b (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 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 appro- priations from the Land and Water Conserva- tion 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 vil- lages and towns. Any lands so acquired shall be developed, maintained and operated as part of the Jean Lafitte National Historical Park and Preserve. (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.) 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 do- nated 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 ac- quire by any of the foregoing methods’’, inserted par. (3) designation and heading and substituted ‘‘Land, water, and interests in land and water’’ for ‘‘Lands, wa- ters, and interests therein’’, and inserted par. (4) des- ignation and heading. Subsecs. (b), (c). Pub. L. 111–11, § 7105(b)(2), added sub- secs. (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 cer- tain values, respectively. Subsec. (d). Pub. L. 111–11, § 7105(b)(3), (f)(2)(B), redes- ignated subsec. (g) as (d) and substituted ‘‘Jean Lafitte National Historical Park and Preserve’’ for ‘‘Jean La- fitte 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 con- fect 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 de- scribed 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 in- terests 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 provi- sion 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 sec- tion 45f of this title. § 230b. Owner’s retention of right of use and oc- cupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termi- nation; ‘‘improved property’’ defined Within the Barataria Preserve Unit, the owner or owners of improved property used for non- commercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not un- duly interfere with the development or manage- ment of the park. Such right of use and occu- pancy may be either a period ending on the death of the owner or his spouse, whichever oc- curs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Sec- retary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term ‘‘im- proved property’’ means a single-family, year- round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for areas added to the park after that date), which serves as the owner’s permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the Secretary finds is reasonably necessary for the owner’s continued use and occupancy of the dwelling. (Pub. L. 95–625, title IX, § 903, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, § 7105(c), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.) Page 144 TITLE 16—CONSERVATION § 230c 1 See References in Text note below. 1 See References in Text note below. Editorial Notes AMENDMENTS 2009—Pub. L. 111–11 substituted ‘‘Barataria Preserve Unit’’ for ‘‘Barataria Marsh Unit’’ in first sentence and inserted ‘‘(or January 1, 2007, for areas added to the park after that date)’’ after ‘‘January 1, 1977’’ in fifth sentence. 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. § 230c. Cooperative agreements; specific provi- sions In furtherance of the purposes of this part, and after consultation with the Commission created by section 230f of this title, the Secretary is au- thorized to enter into cooperative agreements with the owners of properties of natural, histor- ical, or cultural significance, including but not limited to the resources described in paragraphs (1) through (5) 1 of section 230 of this title, pursu- ant to which the Secretary may mark, interpret, restore and/or provide technical assistance for the preservation and interpretation of such properties, and pursuant to which the Secretary may provide assistance including management services, program implementation, and incre- mental financial assistance in furtherance of the standards for administration of the park pursu- ant to section 230e of this title. Such agree- ments shall contain, but need not be limited to, provisions that the Secretary, through the Na- tional Park Service, shall have the right of ac- cess at all reasonable times to all public por- tions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public, and that no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to such agreements. The agreements may contain specific provisions which outline in detail the extent of the participation by the Sec- retary in the restoration, preservation, interpre- tation, and maintenance of such properties. (Pub. L. 95–625, title IX, § 904, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 96–87, title IV, § 401(q)(2), Oct. 12, 1979, 93 Stat. 666.) Editorial Notes REFERENCES IN TEXT Paragraphs (4) and (5) of section 230 of this title, in- cluded within the reference in text to paragraphs (1) through (5) of section 230 of this title, were redesig- nated paragraphs (5) and (6), respectively, of section 230 of this title, and a new paragraph (4) was added, by Pub. L. 100–250, § 1(a), Feb. 16, 1988, 102 Stat. 16. AMENDMENTS 1979—Pub. L. 96–87 substituted reference to ‘‘section 907 of this title’’ for reference to ‘‘section 7 of this title’’ in the original. Since ‘‘section 7 of this title’’ had already been translated as ‘‘section 230f of this title’’ as the probable intent of Congress the substitution of ‘‘907’’ for ‘‘7’’ required no change in text as set out in this section. 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. § 230d. Hunting, fishing, and trapping; public safety; consultation Within the Barataria Preserve Unit, the Sec- retary shall permit hunting, fishing (including commercial fishing), and trapping in accordance with applicable Federal and State laws on land, and interests in land and water managed by the Secretary, except that the Secretary may des- ignate zones where and establish periods when no hunting, fishing, or trapping shall be per- mitted 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 appro- priate fish and game agency of Louisiana. (Pub. L. 95–625, title IX, § 905, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, § 7105(d), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–11, in first sentence, substituted ‘‘Barataria Preserve Unit’’ for ‘‘Barataria Marsh Unit’’ and ‘‘on land, and interests in land and water managed by the Secretary, except that the Secretary’’ for ‘‘, except that within the core area and on those lands acquired by the Secretary pursuant to section 230a(c) of this title, he’’. 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. § 230e. Establishment; notice in Federal Register; administration The Secretary shall administer the park in ac- cordance with the provisions of this part, the Act of August 25, 1916 (39 Stat. 535),1 the Act of August 21, 1935 (49 Stat. 666),1 and any other statutory authorities available to him for the conservation and management of natural, his- torical, and cultural resources. (Pub. L. 95–625, title IX, § 906, Nov. 10, 1978, 92 Stat. 3537; Pub. L. 111–11, title VII, § 7105(e), Mar. 30, 2009, 123 Stat. 1193.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which en- acted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, Na- tional Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section