16 USC 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 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.
(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 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.
(c) Adjacent land
Terms Used In 16 USC 230a
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
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.