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(continued)
Area immediately prior to January 3, 1975, and added to the park by
sections 228a to 228j of this title, which may be necessary for the
development and maintenance of a Government reclamation project.
-SOURCE-
(Feb. 26, 1919, ch. 44, Sec. 7, 40 Stat. 1178; Pub. L. 93-620, Sec.
9(b), Jan. 3, 1975, 88 Stat. 2091.)
-MISC1-
AMENDMENTS
1975 - Pub. L. 93-620 substituted provisions authorizing
utilization of areas formerly within Lake Mead National Recreation
Area and added to the Grand Canyon National Park by sections 228a
to 228j of this title, for provisions authorizing utilization of
areas within the Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 221b of this title.
-End-
-CITE-
16 USC Sec. 228 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228. Buildings on privately owned lands
-STATUTE-
Where privately owned lands within the said park lie within three
hundred feet of the rim of the Grand Canyon no building, tent,
fence, or other structure shall be erected on the park lands lying
between said privately owned lands and the rim.
-SOURCE-
(Feb. 26, 1919, ch. 44, Sec. 8, 40 Stat. 1178.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 221b of this title.
-End-
-CITE-
16 USC Sec. 228a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228a. Enlargement of boundaries; statement of purpose
-STATUTE-
It is the object of this section and sections 228b to 228j of
this title to provide for the recognition by Congress that the
entire Grand Canyon, from the mouth of the Paria River to the Grand
Wash Cliffs, including tributary side canyons and surrounding
plateaus, is a natural feature of national and international
significance. Congress therefore recognizes the need for, and in
sections 228a to 228j of this title provides for, the further
protection and interpretation of the Grand Canyon in accordance
with its true significance.
-SOURCE-
(Pub. L. 93-620, Sec. 2, Jan. 3, 1975, 88 Stat. 2089.)
-MISC1-
SHORT TITLE
For short title of this section and sections 228b to 228j of this
title as the "Grand Canyon National Park Enlargement Act", see
Short Title note set out under section 221 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228b to 228i, 228j
of this title.
-End-
-CITE-
16 USC Sec. 228b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228b. Composition of park
-STATUTE-
(a) Additional lands, waters, and interests therein
In order to add to the Grand Canyon National Park certain prime
portions of the canyon area possessing unique natural, scientific,
and scenic values, the Grand Canyon National Park shall comprise,
subject to any valid existing rights under the Navajo Boundary Act
of 1934, all those lands, waters, and interests therein,
constituting approximately one million two hundred thousand acres,
located within the boundaries as depicted on the drawing entitled
"Boundary Map, Grand Canyon National Park," numbered 113-20, 021 B
and dated December 1974, a copy of which shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior.
(b) Abolition of Grand Canyon and Marble Canyon National Monuments
For purposes of sections 228a to 228j of this title, the Grand
Canyon National Monument and the Marble Canyon National Monument
are abolished.
(c) Study and report to Congress of suitability of lands included
within enlarged boundaries; submission date
The Secretary of the Interior shall study the lands within the
former boundaries of the Grand Canyon National Monument commonly
known as the Tuckup Point, Slide Mountain, and Jensen Tank areas to
determine whether any portion of these lands might be unsuitable
for park purposes and whether in his judgment the public interest
might be better served if they were deleted from the Grand Canyon
National Park. The Secretary shall report his findings and
recommendations to the Congress no later than one year from January
3, 1975.
-SOURCE-
(Pub. L. 93-620, Sec. 3, Jan. 3, 1975, 88 Stat. 2090.)
-REFTEXT-
REFERENCES IN TEXT
The Navajo Boundary Act of 1934, referred to in subsec. (a), is
act June 14, 1934, ch. 521, 48 Stat. 960, which was not classified
to the Code.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a, 228c to 228i,
228j of this title.
-End-
-CITE-
16 USC Sec. 228c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228c. Acquisition of lands within enlarged boundaries by
donation, purchase, or exchange; transfer of jurisdiction over
Federal lands
-STATUTE-
(a) Within the boundaries of the Grand Canyon National Park, as
enlarged by sections 228a to 228j of this title, the Secretary of
the Interior (hereinafter referred to as the "Secretary") may
acquire land and interest in land by donation, purchase with
donated or appropriated funds, or exchange.
(b) Federal lands within the boundaries of such park are hereby
transferred to the jurisdiction of the Secretary for the purposes
of sections 228a to 228j of this title.
-SOURCE-
(Pub. L. 93-620, Sec. 4, Jan. 3, 1975, 88 Stat. 2090.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a, 228b, 228d to
228i, 228j of this title.
-End-
-CITE-
16 USC Sec. 228d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228d. Acquisition of State of Arizona or local lands by
donation or exchange; approval for transfer to United States of
Indian trust lands
-STATUTE-
Notwithstanding any other provision of sections 228a to 228j of
this title (1) land or interest in land owned by the State of
Arizona or any political subdivision thereof may be acquired by the
Secretary under sections 228a to 228j of this title only by
donation or exchange and (2) no land or interest in land, which is
held in trust for any Indian tribe or nation, may be transferred to
the United States under sections 228a to 228j of this title or for
purposes of sections 228a to 228j of this title except after
approval by the governing body of the respective Indian tribe or
nation.
-SOURCE-
(Pub. L. 93-620, Sec. 5, Jan. 3, 1975, 88 Stat. 2090.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228c, 228e
to 228i, 228j of this title.
-End-
-CITE-
16 USC Sec. 228e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228e. Cooperative agreements for protection and unified
interpretation of enlarged park; scope of agreements
-STATUTE-
In the administration of the Grand Canyon National Park, as
enlarged by sections 228a to 228j of this title, the Secretary is
authorized and encouraged to enter into cooperative agreements with
other Federal, State, and local public departments and agencies and
with interested Indian tribes providing for the protection and
interpretation of the Grand Canyon in its entirety. Such agreements
shall include, but not be limited to, authority for the Secretary
to develop and operate interpretative facilities and programs on
lands and waters outside of the boundaries of such park, with the
concurrence of the owner or administrator thereof, to the end that
there will be a unified interpretation of the entire Grand Canyon.
-SOURCE-
(Pub. L. 93-620, Sec. 6, Jan. 3, 1975, 88 Stat. 2090.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228d, 228f
to 228i, 228j of this title.
-End-
-CITE-
16 USC Sec. 228f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228f. Preservation and renewal of existing grazing rights
within enlarged boundaries; term of renewal
-STATUTE-
Where any Federal lands within the Grand Canyon National Park, as
enlarged by sections 228a to 228j of this title, are legally
occupied or utilized on January 3, 1975, for grazing purposes,
pursuant to a Federal lease, permit, or license, the Secretary
shall permit the persons holding such grazing privileges to
continue in the exercise thereof during the term of the lease,
permit, or license, and periods of renewal thereafter: Provided,
That no such renewals shall be extended beyond the period ending
ten years from January 3, 1975, except that any present lease,
permit, or license within the boundaries of the Grand Canyon
National Monument as abolished by section 228b(b) of this title may
be renewed during the life of the present holder which renewals
shall terminate upon the death of the present holder.
-SOURCE-
(Pub. L. 93-620, Sec. 7, Jan. 3, 1975, 88 Stat. 2091.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228e, 228g
to 228i, 228j of this title.
-End-
-CITE-
16 USC Sec. 228g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228g. Aircraft or helicopter regulation within enlarged
boundaries; procedure for promulgation of administrative rules
and regulations
-STATUTE-
Whenever the Secretary has reason to believe that any aircraft or
helicopter activity or operation may be occurring or about to occur
within the Grand Canyon National Park, as enlarged by sections 228a
to 228j of this title, including the airspace below the rims of the
canyon, which is likely to cause an injury to the health, welfare,
or safety of visitors to the park or to cause a significant adverse
effect on the natural quiet and experience of the park, the
Secretary shall submit to the Federal Aviation Administration, the
Environmental Protection Agency pursuant to the Noise Control Act
of 1972 [42 U.S.C. 4901 et seq.], or any other responsible agency
or agencies such complaints, information, or recommendations for
rules and regulations or other actions as he believes appropriate
to protect the public health, welfare, and safety or the national
environment within the park. After reviewing the submission of the
Secretary, the responsible agency shall consider the matter, and
after consultation with the Secretary, shall take appropriate
action to protect the park and visitors.
-SOURCE-
(Pub. L. 93-620, Sec. 8, Jan. 3, 1975, 88 Stat. 2091.)
-REFTEXT-
REFERENCES IN TEXT
The Noise Control Act of 1972, referred to in text, is Pub. L.
92-574, Oct. 27, 1972, 86 Stat. 1234, as amended, which is
classified generally to chapter 65 (Sec. 4901 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4901 of
Title 42 and Tables.
-TRANS-
TRANSFER OF FUNCTIONS
"Federal Aviation Administration" substituted in text for
"Federal Aviation Agency" pursuant to Pub. L. 89-670, Oct. 15,
1966, 80 Stat. 931, which transferred functions, powers, and duties
of Federal Aviation Agency and of Administrator and other offices
and officers thereof to Secretary of Transportation and established
Federal Aviation Administration in Department of Transportation.
See section 106 of Title 49, Transportation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228f, 228h,
228i, 228j of this title.
-End-
-CITE-
16 USC Sec. 228h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228h. Construction with existing Colorado River system
reclamation provisions
-STATUTE-
Nothing in sections 228a to 228j of this title shall be construed
to alter, amend, repeal, modify, or be in conflict with the
provisions of sections 1551 to 1556 of title 43.
-SOURCE-
(Pub. L. 93-620, Sec. 9(a), Jan. 3, 1975, 88 Stat. 2091.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228g, 228i,
228j of this title.
-End-
-CITE-
16 USC Sec. 228i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228i. Havasupai Indian Reservation
-STATUTE-
(a) Lands of Havasupai Reservation Addition held in trust by United
States; boundaries
For the purpose of enabling the tribe of Indians known as the
Havasupai Indians of Arizona (hereinafter referred to as the
"tribe") to improve the social, cultural, and economic life of its
members, the lands generally depicted as the "Havasupai Reservation
Addition" on the map described in section 228b of this title, and
consisting of approximately one hundred and eighty-five thousand
acres of land and any improvements thereon, are hereby declared to
be held by the United States in trust for the Havasupai Tribe. Such
map, which shall delineate a boundary line generally one-fourth of
a mile from the rim of the outer gorge of the Grand Canyon of the
Colorado River and shall traverse Havasu Creek from a point on the
rim at Yumtheska Point to Beaver Falls to a point on the rim at
Ukwalla Point, shall be on file and available for public inspection
in the Offices of the Secretary, Department of the Interior,
Washington, District of Columbia.
(b) Lands held in trust by United States included within
Reservation; administration pursuant to laws and regulations
applicable to other trust Indian lands; specific administrative
criteria and restrictions
The lands held in trust pursuant to this section shall be
included in the Havasupai Reservation, and shall be administered
under the laws and regulations applicable to other trust Indian
lands: Provided, That -
(1) the lands may be used for traditional purposes, including
religious purposes and the gathering of, or hunting for, wild or
native foods, materials for paints and medicines;
(2) the lands shall be available for use by the Havasupai Tribe
for agricultural and grazing purposes, subject to the ability of
such lands to sustain such use as determined by the Secretary;
(3) any areas historically used as burial grounds may continue
to be so used;
(4) a study shall be made by the Secretary, in consultation
with the Havasupai Tribal Council, to develop a plan for the use
of this land by the tribe which shall include the selection of
areas which may be used for residential, educational, and other
community purposes for members of the tribe and which shall not
be inconsistent with, or detract from, park uses and values;
Provided further, That before being implemented by the Secretary,
such plan shall be made available through his offices for public
review and comment, shall be subject to public hearings, and
shall be transmitted, together with a complete transcript of the
hearings, at least 90 days prior to implementation, to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives;
and Provided further, That any subsequent revisions of this plan
shall be subject to the same procedures as set forth in this
paragraph;
(5) no commercial timber production, no commercial mining or
mineral production, and no commercial or industrial development
shall be permitted on such lands: Provided further, That the
Secretary may authorize the establishment of such tribal small
business enterprises as he deems advisable to meet the needs of
the tribe which are in accordance with the plan provided in
paragraph (4) of this subsection;
(6) nonmembers of the tribe shall be permitted to have access
across such lands at locations established by the Secretary in
consultation with the Tribal Council in order to visit adjacent
parklands, and with the consent of the tribe, may be permitted
(i) to enter and temporarily utilize lands within the reservation
in accordance with the approved land use plan described in
paragraph (4) of this subsection for recreation purposes or (ii)
to purchase licenses from the tribe to hunt on reservation lands
subject to limitations and regulations imposed by the Secretary
of the Interior; and
(7) except for the uses permitted in paragraphs 1 through 6 of
this subsection, the lands hereby transferred to the tribe shall
remain forever wild and no uses shall be permitted under the plan
which detract from the existing scenic and natural values of such
lands.
(c) Establishment, maintenance, and implementation of conservation
measures; availability of Federal programs relating to Indians;
right of access to lands for implementation of Federal projects,
resource management and preservation, and tribal religious, etc.,
functions
The Secretary shall be responsible for the establishment and
maintenance of conservation measures for these lands, including,
without limitation, protection from fire, disease, insects, or
trespass and reasonable prevention or elimination of erosion,
damaging land use, overgrazing, or pollution. The Secretary of the
Interior is authorized to contract with the Secretary of
Agriculture for any services or materials deemed necessary to
institute or carry out any such measures. Any authorized Federal
programs available to any other Indian tribes to enhance their
social, cultural, and economic well-being shall be deemed available
to the tribe on these lands so long as such programs or projects
are consistent with the purposes of sections 228a to 228j of this
title. For these purposes, and for the purpose of managing and
preserving the resources of the Grand Canyon National Park, the
Secretary shall have the right of access to any lands hereby
included in the Havasupai Reservation. Nothing in sections 228a to
228j of this title shall be construed to prohibit access by any
members of the tribe to any sacred or religious places or burial
grounds, native foods, paints, materials, and medicines located on
public lands not otherwise covered in sections 228a to 228j of this
title.
(d) Grazing rights on the Raintank Allotment; continuation and
renewal
The Secretary shall permit any person presently exercising
grazing privileges pursuant to Federal permit or lease in that part
of the Kaibab National Forest designated as the "Raintank
Allotment", and which is included in the Havasupai Reservation by
this section, to continue in the exercise thereof, but no permit or
renewal shall be extended beyond the period ending ten years from
January 3, 1975, at which time all rights of use and occupancy of
the lands will be transferred to the tribe subject to the same
terms and conditions as the other lands included in the reservation
in subsection (b) of this section.
(e) Havasupai Use Lands; use for grazing and other traditional
purposes subject to regulations
The Secretary, subject to such reasonable regulations as he may
prescribe to protect the scenic, natural, and wildlife values
thereof, shall permit the tribe to use lands within the Grand
Canyon National Park which are designated as "Havasupai Use Lands"
on the Grand Canyon National Park boundary map described in section
228b of this title, and consisting of approximately ninety-five
thousand three hundred acres of land, for grazing and other
traditional purposes.
(f) Extinguishment of all tribal right, title, and interest in
lands not otherwise declared as held in trust or covered by
provisions enlarging park
By the enactment of sections 228a to 228j of this title, the
Congress recognizes and declares that all right, title, and
interest in any lands not otherwise declared to be held in trust
for the Havasupai Tribe or otherwise covered by sections 228a to
228j of this title is extinguished.
-SOURCE-
(Pub. L. 93-620, Sec. 10, Jan. 3, 1975, 88 Stat. 2091; Pub. L.
103-437, Sec. 6(a)(2), Nov. 2, 1994, 108 Stat. 4583.)
-COD-
CODIFICATION
Provision of subsec. (f) of this section, which repealed section
3 of act of Feb. 26, 1919 (40 Stat. 1177), set out as section 223
of this title, has been omitted from this section as executed. See
note set out under section 223 of this title.
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(4). Pub. L. 103-437 substituted "Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives" for "Committees
on Interior and Insular Affairs of the United States Congress".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228h, 228j
of this title.
-End-
-CITE-
16 USC Sec. 228i-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228i-1. Report to President
-STATUTE-
Within two years from the date of enactment of this Act the
Secretary of the Interior shall report to the President, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the national park for preservation as wilderness, and any
designation of any such areas as a wilderness shall be accomplished
in accordance with said section 1132(c) and (d) of this title.
-SOURCE-
(Pub. L. 93-620, Sec. 11, as added Pub. L. 94-31, June 10, 1975, 89
Stat. 172.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this Act, referred to in text, probably
means the date of enactment of Pub. L. 94-31, which enacted this
section, and which was approved June 10, 1975.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228i, 228j
of this title.
-End-
-CITE-
16 USC Sec. 228j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK
-HEAD-
Sec. 228j. Authorization of appropriations; availability of sums
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 228a to 228j of
this title, not to exceed, however, $1,250,000, in the aggregate
for the period of the five fiscal years beginning with the fiscal
year ending June 30, 1974, for the acquisition of lands and
property, and not to exceed $49,000 for the fiscal year ending June
30, 1974, $255,000 for the fiscal year ending June 30, 1975,
$265,000 for the fiscal year ending June 30, 1976, and $235,000 for
the fiscal year ending June 30, 1977, for development, plus or
minus such amounts, if any, as may be justified by reason of
ordinary fluctuations in construction costs as indicated by
engineering cost indexes applicable to the types of construction
involved herein. The sums authorized in this section shall be
available for acquisition and development undertaken subsequent to
January 3, 1975.
-SOURCE-
(Pub. L. 93-620, Sec. 12, formerly Sec. 11, Jan. 3, 1975, 88 Stat.
2093; renumbered Sec. 12, Pub. L. 94-31, June 10, 1975, 89 Stat.
172.)
-COD-
CODIFICATION
June 30, 1974, first appearing in text of section, was in the
original "June 30, 1074". The typographical error was corrected to
conform to the apparent intent of the Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 227, 228a to 228i of this
title.
-End-
-CITE-
16 USC SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Part A - Generally 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
PART A - GENERALLY
-End-
-CITE-
16 USC Sec. 230 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230. Establishment; description of area
-STATUTE-
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 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, 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 part.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 901, Nov. 10, 1978, 92 Stat. 3534;
Pub. L. 100-250, Sec. 1(a), Feb. 16, 1988, 102 Stat. 16.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-250 added cl. (4) and redesignated former cls.
(4) and (5) as (5) and (6), respectively.
LAURA C. HUDSON VISITOR CENTER
Pub. L. 104-333, div. I, title VIII, Sec. 808, Nov. 12, 1996, 110
Stat. 4188, provided that:
"(a) Designation. - The visitor center at Jean Lafitte National
Historical Park, located at 419 Rue Decatur in New Orleans,
Louisiana, is hereby designated 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'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 230a, 230c of this title.
-End-
-CITE-
16 USC Sec. 230a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230a. Acquisition of property
-STATUTE-
(a) Authority of Secretary; manner and place; donation of State
lands; mineral rights
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 donated or appropriated funds, or
exchange. The Secretary may also 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 owned by the State
of Louisiana or any political subdivision thereof may be acquired
only by donation. 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) Guidelines or criteria; consultation
With respect to the lands, waters, and interests therein
generally depicted as the "park protection zone" on the map
referred to in section 230 of this title, the Secretary shall, no
later than six months from November 10, 1978, 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) Values; preservation and protection
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) State authority; cession to Secretary
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) Values; protective acquisitions
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) Boundaries; revision
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.
(g) 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.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 902, Nov. 10, 1978, 92 Stat. 3535;
Pub. L. 96-87, title IV, Sec. 401(q)(1), Oct. 12, 1979, 93 Stat.
666; Pub. L. 100-250, Sec. 1(b), Feb. 16, 1988, 102 Stat. 16.)
-MISC1-
AMENDMENTS
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".
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 230d of this title.
-End-
-CITE-
16 USC Sec. 230b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230b. Owner's retention of right of use and occupancy for
residential purposes for life or fixed term of years; election of
term; fair market value; transfer, assignment or termination;
"improved property" defined
-STATUTE-
Within the Barataria Marsh Unit, the owner or owners of improved
property used for noncommercial 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 unduly interfere with the
development or management of the park. Such right of use and
occupancy may be either a period ending on the death of the owner
or his spouse, whichever occurs 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 Secretary, 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 "improved property" means a single-family, year-round
dwelling, the construction of which was begun before January 1,
1977, 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.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 903, Nov. 10, 1978, 92 Stat. 3536.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-End-
-CITE-
16 USC Sec. 230c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230c. Cooperative agreements; specific provisions
-STATUTE-
In furtherance of the purposes of this part, and after
consultation with the Commission created by section 230f of this
title, the Secretary is authorized to enter into cooperative
agreements with the owners of properties of natural, historical, or
cultural significance, including but not limited to the resources
described in paragraphs (1) through (5) (!1) of section 230 of this
title, pursuant 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 incremental financial assistance in
furtherance of the standards for administration of the park
pursuant to section 230e of this title. Such agreements shall
contain, but need not be limited to, provisions that the Secretary,
through the National Park Service, shall have the right of access
at all reasonable times to all public portions 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 Secretary in the restoration, preservation, interpretation,
and maintenance of such properties.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 904, Nov. 10, 1978, 92 Stat. 3536;
Pub. L. 96-87, title IV, Sec. 401(q)(2), Oct. 12, 1979, 93 Stat.
666.)
-REFTEXT-
REFERENCES IN TEXT
Paragraphs (4) and (5) of section 230 of this title, included
within the reference in text to paragraphs (1) through (5) of
section 230 of this title, were redesignated paragraphs (5) and
(6), respectively, of section 230 of this title, and a new
paragraph (4) was added, by Pub. L. 100-250, Sec. 1(a), Feb. 16,
1988, 102 Stat. 16.
-MISC1-
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.
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 230e of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 230d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230d. Hunting, fishing, and trapping; public safety;
consultation
-STATUTE-
Within the Barataria Marsh Unit, 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 230a(c) of this title, he 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.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 905, Nov. 10, 1978, 92 Stat. 3536.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-End-
-CITE-
16 USC Sec. 230e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230e. Establishment; notice in Federal Register;
administration
-STATUTE-
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 230g of this title, 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 (!1) 230c of this title. Pending such establishment and
thereafter the Secretary shall administer the park in accordance
with the provisions of this part, sections 1, 2, 3, and 4 of this
title, sections 461 to 467 of this title, and any other statutory
authorities available to him for the conservation and management of
natural, historical, and cultural resources.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 906, Nov. 10, 1978, 92 Stat. 3537.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 230c of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
16 USC Sec. 230f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK
Part A - Generally
-HEAD-
Sec. 230f. Delta Region Preservation Commission
-STATUTE-
(a) Establishment; membership
There is established the Delta Region Preservation 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 Jefferson 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 commercial fishing industry;
(6) three members appointed by the Secretary 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 Secretary 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 appointed by the Secretary of the Smithsonian Institution.
(b) Compensation and expenses
Members of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expenses reasonably
incurred by the non-Federal members of the Commission in carrying
out their duties.
(c) Functions
The function of the Commission shall be to advise 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 natural, historic, and cultural resources of the
region. 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 material 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 affirmative vote of a
majority of its members: Provided, That any recommendation of the
Commission that affects the use or development, or lack thereof, of
property located solely within a single parish or municipality
shall have the concurrence of a majority of the members appointed
from recommendations submitted by such parish or municipality.
(e) Ex officio members; staff support and technical 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 Commission shall terminate twenty years from
November 10, 1978.
-SOURCE-
(Pub. L. 95-625, title IX, Sec. 907, Nov. 10, 1978, 92 Stat. 3537;
Pub. L. 96-87, title IV, Sec. 401(q)(3), (4), Oct. 12, 1979, 93
Stat. 666; Pub. L. 100-250, Sec. 1(c), Feb. 16, 1988, 102 Stat. 16;
Pub. L. 100-355, Sec. 2, June 28, 1988, 102 Stat. 667.)
-MISC1-
AMENDMENTS
1988 - Subsec. (a)(6), (7). Pub. L. 100-355, Sec. 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, Sec. 2(3), added par. (8)
relating to appointment of member with experience as folklorist (continued)