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

Page 142 TITLE 16—CONSERVATION § 230a National Historical Park and Preserve’ numbered 90,000B and dated April 1978,’’. 1988—Pub. L. 100–250 added cl. (4) and redesignated former cls. (4) and (5) as (5) and (6), respectively. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 111–11, title VII, § 7105(f)(1), Mar. 30, 2009, 123 Stat. 1193, provided that: ‘‘Any reference in a law (in- cluding regulations), map, document, paper, or other record of the United States— ‘‘(A) to the Barataria Marsh Unit shall be consid- ered to be a reference to the Barataria Preserve Unit; or ‘‘(B) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean La- fitte National Historical Park and Preserve.’’ ‘‘Jean Lafitte National Historical Park and Pre- serve’’ substituted for ‘‘Jean Lafitte National Histor- ical Park’’ in cl. (5) pursuant to section 7105(f)(1)(B) of Pub. L. 111–11, set out above. ‘‘Chalmette Unit of the Jean Lafitte National Histor- ical Park’’ substituted for ‘‘Chalmette National Histor- ical Park’’ pursuant to section 230h of this title. SAVE THE LIBERTY THEATRE Pub. L. 117–112, Apr. 19, 2022, 136 Stat. 1171, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Save the Liberty The- atre Act of 2021’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) CITY.—The term ‘City’ means the City of Eu- nice, Louisiana. ‘‘(2) MAP.—The term ‘map’ means the map entitled ‘Jean Lafitte National Historical Park and Preserve, Proposed Boundary Revision and Disposal’, numbered 467/168813, and dated December 2020. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘SEC. 3. LAND CONVEYANCE. ‘‘(a) CONVEYANCE AUTHORITY.—The Secretary shall convey to the City, by quitclaim deed and without con- sideration, all right, title, and interest of the United States in and to the parcels of land described in sub- section (b). ‘‘(b) DESCRIPTION OF LAND.—The parcels of land re- ferred to in subsection (a) are Lots 5 and 6, less the North 27 feet of Lot 5, Block 22, of the Original Town- site of Eunice, generally depicted as ‘Proposed Disposal Area’ on the map. ‘‘(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. ‘‘SEC. 4. BOUNDARY ADJUSTMENTS. ‘‘Upon the conveyance to the City of the land de- scribed in section 3(b), the boundary of the Jean Lafitte National Historical Park and Preserve shall be adjusted to exclude— ‘‘(1) the conveyed land; and ‘‘(2) Lots 7 and 8 of the Original Townsite of Eunice generally depicted as ‘Non-NPS in Current Boundary’ on the map.’’ LAURA C. HUDSON VISITOR CENTER Pub. L. 104–333, div. I, title VIII, § 808, Nov. 12, 1996, 110 Stat. 4188, as amended by Pub. L. 111–11, title VII, § 7105(f)(1)(B), Mar. 30, 2009, 123 Stat. 1193, provided that: ‘‘(a) DESIGNATION.—The visitor center at Jean Lafitte National Historical Park and Preserve, located at 419 Rue Decatur in New Orleans, Louisiana, is hereby des- ignated as the ‘Laura C. Hudson Visitor Center’. ‘‘(b) LEGAL REFERENCES.—Any reference in any law, regulation, paper, record, map, or any other document of the United States to the visitor center referred to in subsection (a) shall be deemed to be a reference to the ‘Laura C. Hudson Visitor Center’.’’ § 230a. Acquisition of property (a) In general (1) Barataria Preserve Unit (A) In general The Secretary may acquire any land, water, and interests in land and water with- in the Barataria Preserve Unit by donation, purchase with donated or appropriated funds, transfer from any other Federal agen- cy, 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 ac- quired by the Secretary only with the con- sent of the owner of the land. (ii) Boundary adjustment On the date on which the Secretary ac- quires a parcel of land described in clause (i), the boundary of the Barataria Preserve Unit shall be adjusted to reflect the acqui- sition. (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 ease- ments that have been agreed to by the Sec- retary 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 consid- eration, to the administrative jurisdiction of the National Park Service, to be adminis- tered 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 lease- hold interests, as he may designate in the French Quarter of New Orleans for develop- ment and operation as an interpretive and ad- ministrative facility. (3) Acquisition of State land Land, water, and interests in land and water owned by the State of Louisiana or any polit- ical 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. 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.)