[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3710 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3710

 To strengthen the protections afforded to units of the National Park 
 System and certain other nationally significant historic and natural 
                    places, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

  Mr. Vento introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To strengthen the protections afforded to units of the National Park 
 System and certain other nationally significant historic and natural 
                    places, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``National Parks and Landmarks 
Conservation Act''.

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Purpose and policy.
               TITLE I--DIRECTOR OF NATIONAL PARK SERVICE

Sec. 101. Appointment and functions of National Park Service Director.
                  TITLE II--NATIONAL PARK CONSERVATION

Sec. 201. State of the national parks reports.
Sec. 202. Research.
Sec. 203. Resource management plans and general management plans.
Sec. 204. National park conservation plans.
Sec. 205. Public information.
               TITLE III--NATIONAL LANDMARK CONSERVATION

Sec. 301. Preparation of list of endangered national heritage 
                            resources.
Sec. 302. National Landmark Conservation Agreements.
     TITLE IV--FEDERAL PROGRAM CONSISTENCY AND RESOURCE PROTECTION

Sec. 401. Federal program review.
Sec. 402. Temporary protection authority.
Sec. 403. Emergency authority.
Sec. 404. Federal actions that affect national register properties.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Definitions.
Sec. 502. Penalties and enforcement.
Sec. 503. Relationship to other laws.
Sec. 504. Authorization of appropriations.
Sec. 505. Existing undertakings.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Nation's heritage of unique, superlative and 
        irreplaceable nationally significant natural and cultural 
        resources constitutes a major source of pride, identity, and 
        enjoyment for the people of the United States, and has gained 
        international recognition and acclaim;
            (2) the Congress has repeatedly expressed its intent, in 
        both generic and specific statutes and by other means, that 
        units of the National Park System, National Landmarks, and 
        sites listed on the National Register of Historic Places be 
        accorded the highest degree of protection feasible;
            (3) many nationally significant heritage resources are 
        being degraded or threatened with degradation, diminishing the 
        tangible evidence of the natural and cultural history of this 
        Nation;
            (4) visitation at units of the National Park System, 
        national historic and natural landmarks, and sites listed on 
        the National Register of Historic Places, is an increasingly 
        important element of interstate and foreign commerce, so that 
        the protection and preservation of these places will make a 
        positive contribution to the nation's economic well-being; and
            (5) no comprehensive program exists for analyzing the 
        condition of units of the National Park System and their 
        natural and cultural resources and other nationally significant 
        heritage resources, or for preventing the degradation of these 
        irreplaceable natural and cultural assets.

SEC. 3. PURPOSE AND POLICY.

    In furtherance of the provisions of law generally applicable to 
units of the National Park System, including the Act of August 25, 1916 
(39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4), the Act of August 21, 1935 
(49 Stat. 666; 16 U.S.C. 461 et seq.), the National Historic 
Preservation Act (94 Stat. 2987; 16 U.S.C. 470 et seq.), the Act of 
August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a-1 through 1a-7), and other 
provisions of law regarding the protection and preservation of natural 
and cultural (including historical and archaeological) resources, and 
in order to ensure the continued contribution of such resources to the 
nation's social and economic well-being, it is the purpose of this Act, 
and shall continue to be national policy, to provide for, by exercising 
resource-based management, the highest degree of protection and 
preservation of the Nation's heritage of natural and cultural resources 
for the benefit of present and future generations.

               TITLE I--DIRECTOR OF NATIONAL PARK SERVICE

SEC. 101. APPOINTMENT AND FUNCTIONS OF NATIONAL PARK SERVICE DIRECTOR.

    (a) Director of National Park Service.--There shall be within the 
Department of the Interior, a National Park Service headed by a 
Director, who shall be appointed by the President, by and with the 
advice and consent of the Senate; from among persons qualified, by 
training and experience and by demonstrated ability, to administer, 
protect, preserve, and interpret the natural and cultural resources of 
the United States as provided for by law. The Director shall be paid at 
the rate not to exceed the rate of basic pay payable for level IV of 
the Executive Schedule under section 5316 of title 5 of the United 
States Code. The Director shall hold office for a term of 5 years and 
may be removed by the President only for incompetence, neglect of duty, 
or malfeasance in office. An individual may be reappointed for 
additional 5-year terms as Director.
    (b) Supervision by Secretary.--In the performance of their 
functions, the Director and the officers and employees of the National 
Park Service shall be responsible to, and subject to the supervision 
and direction of the Secretary but shall not be responsible to, or 
subject to the supervision and direction of any officer or employee, or 
agent of any other part of the Department of the Interior.
    (c) Employees.--After January 1, 1994, no person may be appointed 
as Deputy Director, Associate Director, or Regional Director of the 
National Park Service (except for an Assistant Director for External 
Affairs) who is not at the time of appointment either a career 
appointee (as defined in section 3132(4) of title 5, United States 
Code) or in the competitive service. Other employees shall be appointed 
subject to provisions of law applicable to appointments in the 
competitive service, and shall be paid in accordance with the 
provisions applicable to such service. No person whose position has 
been excepted from the competitive service, other than the Director or 
an individual holding a career reserve Senior Executive Service 
position, may conduct, or participate in the conduct of, any 
performance appraisal under chapter 43 of title 5 of the United States 
Code for any officer or employee of the National Park Service. No 
person other than the Secretary may conduct, or participate in the 
conduct of, any such performance appraisal for the Director.
    (d) Independence in Providing Information.--Notwithstanding any 
other provision of law or any rule, regulation, or policy directive, 
the Director shall provide any information on the request of any 
committee or subcommittee of Congress, by report, testimony, or 
otherwise, without review, clearance, or approval by any other 
administrative authority.

                  TITLE II--NATIONAL PARK CONSERVATION

SEC. 201. STATE OF THE NATIONAL PARKS REPORTS.

    (a) Report.--The Director shall undertake a continuous program of 
research and monitoring to document the factors, forces, and conditions 
which adversely affect, or which may adversely affect, units of the 
National Park System. No later than 2 years after enactment of this Act 
and every 3 years thereafter, the Director shall prepare and transmit 
to the Congress a ``State of the National Parks'' report. Such report 
shall fully document the condition of the National Park units including 
appropriate baseline information and documentation of problems related 
to their use and management, with proposed solutions to such problems. 
Each report shall be transmitted to the Committee on Natural Resources 
of the United States House of Representatives and the Committee on 
Energy and Natural Resources of the United States Senate and printed as 
a House document. Each ``State of the National Parks'' report shall be 
a compilation and summary of resource management plans including 
trends, emerging issues and system wide actions needed.
    (b) Contents.--Each report prepared pursuant to subsection (a) 
shall be based on the resource management plan for each individual unit 
of the National Park System and include, but not be limited to, each of 
the following:
            (1) The past, current, and projected condition of the 
        natural and cultural resources within each unit.
            (2) All factors and forces both inside and outside the unit 
        which adversely affect or which may adversely affect the unit.
            (3) Current and planned preservation and management 
        actions, including specific research projects with regard to 
        paragraphs (1) and (2) of this subsection.
            (4) The accomplishments and results of the actions 
        undertaken in accordance with paragraph (3).
    (c) Public Involvement.--In the preparation of the ``State of the 
National Parks'' report, the Director shall solicit public involvement 
and comment.

SEC. 202. RESEARCH.

    (a) Establishment.--The Director shall establish, within the 
National Park Service, a research program designed to--
            (1) develop an appropriate knowledge base regarding the 
        natural and cultural resources of the National Park System;
            (2) evaluate and protect such resources; and
            (3) understand and improve the effects of human 
        interactions with such resources.
The Director shall ensure that all research is comprehensive, current, 
and reflective of scholarly standards. In establishing such a program, 
the Director shall utilize the existing personnel and facilities of the 
National Park Service, including the units of the National Park System, 
as centers for research and its dissemination. In addition, the 
Director shall enter into cooperative agreements with universities and 
other educational institutions for the conduct of research and the use 
of such research and national park facilities for training and 
education. In the annual budget submission, the Director shall provide 
a clear identification of the funds to be used for research regarding 
the natural and cultural resources of the National Park System.
    (b) Assistance.--The Director is authorized to contract with 
qualified research institutions or organizations to assist the National 
Park Service in carrying out this Act.
    (c) National Park Service Staff.--The Director shall ensure that 
the staffing of the National Park Service employs adequate number and 
distribution of personnel with sufficient scientific and professional 
knowledge and expertise to properly provide for the protection, 
management, and interpretation of the natural and cultural resources of 
each unit of the National Park System. The Director shall use systems 
of employee selection and development to ensure that staff can meet the 
rigorous standards defined by the appropriate academic disciplines and 
normally accepted by the relevant professional societies and shall 
using systems of contracting which ensure that work done by contractors 
to the Service shall meet the same standards.

SEC. 203. RESOURCE MANAGEMENT PLANS AND GENERAL MANAGEMENT PLANS.

    (a) Resource Management Plans.--The superintendent of each unit of 
the National Park System shall maintain a current and comprehensive 
resource management plan. Resource management plans shall be reviewed 
and revised, as necessary, to conform with this subsection no less 
frequently than every 2 years to provide data for the ``State of the 
National Parks'' report. Such plans shall assess both natural and 
cultural resources of the park units, including those integral values 
and related resources that extend beyond the boundaries of the unit. 
The plans shall each include an analysis of the resources, their 
conditions, all factors which adversely affect, or may adversely 
affect, the resources, strategies for removing or mitigating these 
factors (and the costs of such removal and mitigation) and a summary of 
accomplishments.
    (b) Contents of General Management Plans.--General management plans 
developed for each park unit pursuant to section 12(b) of the Act of 
August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a-1 through 1a-7) shall fully 
consider and be prepared using the unit's resource management plan. 
General management plans and resource management plans shall be 
prepared in consultation with other affected Federal agencies, States 
(including State Historic Preservation Officers), Indian tribes, and 
local governments indigenous persons with expert knowledge of a unit's 
resources, and the general public.
    (c) Revisions to Plans.--Section 12(b) of the Act of August 18, 
1970 (84 Stat. 825; 16 U.S.C. 1a-1 through 1a-7) is amended by 
inserting the following at the end thereof: ``For the purpose of 
determining whether a plan needs to be revised, each such plan shall be 
reviewed no less frequently than every 10 years. Where the Director 
determines that the availability of new information or changed 
circumstances requires the preparation of a new or revised plan, such 
new or revised plan shall be prepared and approved within 3 years after 
the date of such determination. Plans not fully addressing all of the 
elements specified in this subsection as of the date of enactment of 
the National Parks and Landmarks Conservation Act, shall be revised and 
approved no later than 10 years after the date of enactment of this 
Act.''.
    (d) Authority to Withhold From Disclosure.--The head of a Federal 
agency or other public official acting pursuant to this Act, after 
consultation with the Director, shall withhold from disclosure to the 
public, information about the location, character, or ownership of a 
historic resource if the Director and the agency jointly determine that 
disclosure may--
            (1) cause a significant invasion of privacy;
            (2) risk harm to the resources; or
            (3) impede the use of a traditional religious site by 
        practitioners.
    (e) Access Determination.--When the head of a Federal agency or 
other public official has determined that information should be 
withheld from the public pursuant to subsection (d), the Director, in 
consultation with such Federal agency head or official, shall determine 
who may have access to the information for the purpose of carrying out 
this Act.

SEC. 204. NATIONAL PARK CONSERVATION PLANS.

    (a) Description.--The Director shall initiate a program to prepare 
National Park Conservation Plans for units of the National Park System. 
The purpose of preparing such plans shall be to develop specific 
programs of cooperation among the National Park Service, other Federal 
agencies, State and local governments, Indian tribes, the private 
sector, appropriate experts, the general public, or any combination of 
the foregoing, to address factors, forces, and conditions that 
adversely affect, or that may adversely affect, units of the National 
Park System, as documented in the ``State of the National Parks'' 
report and--
            (1) that arise wholly or in part outside the boundaries of 
        a unit, or
            (2) whose resolution is dependent in whole or part on the 
        actions or policies of governmental agencies or persons other 
        than the National Park Service.
    (b) Preparation.--A National Park Conservation Plan shall be 
prepared by the Director in consultation with such public and private 
parties for the plan's preparation and implementation. The Director 
shall immediately initiate the preparation of a National Park 
Conservation Plan at those units the Director determines to be in most 
urgent need of greater protection.
    (c) Planning Grants.--The Director is authorized to make grants to 
State and local governments, to Indian tribes, and to private entities 
for the purposes of assisting in the preparation of a strategy 
described in subsection (a). Such grants shall not exceed $50,000 in 
any fiscal year to any local government, Indian tribe or private entity 
or $250,000 to any State government.
    (d) Contents.--A National Park Conservation Plan shall include each 
of the following:
            (1) A description of the forces, factors, and conditions 
        that adversely affect or that may adversely affect the National 
        Park unit.
            (2) The identification of a specific and defined geographic 
        area in which grant assistance, cooperative plans, and other 
        techniques to prevent or remove the adverse effects of Federal 
        and non-Federal activities on the park unit and any other 
        integral natural or cultural resources within the area will be 
        applied.
            (3) A detailed description of such actions necessary or 
        appropriate to prevent or remove any adverse effect to the 
        unit.
            (4) Specific programs of private, local, tribal, State, and 
        Federal actions that will implement such plans and techniques.
    (e) Approval.--The Director shall not approve any plan unless the 
Director finds it is consistent with subsection (d) and makes each of 
the following:
            (1) A finding that the plan has been developed with 
        adequate opportunity, including public hearings, for public 
        involvement in the preparation and review of the plan, and the 
        public comments were received and considered in the plan or 
        revision as presented to the Director.
            (2) A finding that each State and local government (or 
        governments), Indian tribe, or Federal agency identified in the 
        plan as necessary for implementing its provisions has the 
        authority to implement the plan and has taken such actions, or 
        has provided written commitments that it will take such actions 
        upon approval of the plan, including the adoption of laws, 
        ordinances, resolutions, or regulations, to demonstrate their 
        intention to use such authority to implement the plan.
            (3) A finding that the plan, if implemented, would prevent 
        or remove some or all of those factors identified in the 
        ``State of the National Parks'' report for that park unit that 
        adversely affect, or that may adversely affect, the unit.
    (f) Conservation Grants to State and Indian tribes and Local 
Governments.--The Director is authorized to provide grants to such 
State and local governments and Indian tribes to facilitate the 
implementation of the plan including technical assistance grants for 
the acquisition of full or partial interests in property, the 
construction of public facilities, and the preparation and the 
provision of such services (including interpretation) and facilities as 
will enhance the public's appreciation of the park unit and any other 
natural, cultural, or recreational resources within the area in which 
the plan will be implemented. Such grants shall be conditioned on the 
Director's receipt of specific written commitments for actions that 
will assist in the implementation of an approved National Park 
Conservation Plan. The Director is authorized to suspend the provision 
of grants where the Director has withdrawn approval of the plan 
pursuant to subsection (g).
    (g) Review.--The Director shall conduct a regular review of 
approved plans for the purpose of ensuring that the plan continues to 
meet the requirements of subsections (d) and (e). Where the Director 
finds that a plan or its implementation no longer meets these 
requirements, the Director shall withdraw approval of the plan or 
portions thereof and provide notice of such withdrawal to the State and 
local governments and Indian tribes concerned. Such a withdrawal shall 
occur only after consultation with the affected local and State 
governments and Indian tribes.
    (h) Grant Conditions.--Grants under this section shall be made only 
upon application of the recipient State or local government or Indian 
tribe and shall come from funds specifically appropriated for this 
purpose as authorized by this Act. Such funds shall be in addition to 
any other Federal financial assistance for any other program, and shall 
be subject to such terms and conditions as the Director deems necessary 
to carry out the purposes of this section. Grants made under this 
section for implementation of the plan may only be made for the first 5 
years after the date of the Director's approval of the plan. Each grant 
under this section shall require the grant recipient to return all 
grant funds in the event of any failure to comply with the terms and 
conditions of the grant.
    (i) Consistency of Federal Activities With National Park 
Conservation Plans.--In addition to the requirement of section 401, all 
Federal agencies shall conduct and support actions in a manner which 
is, to the maximum extent feasible, consistent with the plan approved 
by the Director pursuant to this section. Where the Director is 
afforded, by law, regulation, or otherwise an opportunity to comment on 
an undertaking affecting a unit of the National Park System for which 
the Director has approved a plan, the Director shall make a finding to 
determine whether that undertaking is consistent with the plan.

SEC. 205. PUBLIC INFORMATION.

    The Director shall develop a program designed to inform visitors to 
units of the National Park System about the condition of those units 
and their resources and the actions being taken to address any factors 
that adversely affect, or that may adversely affect, those units.

               TITLE III--NATIONAL LANDMARK CONSERVATION

SEC. 301. PREPARATION OF LIST OF ENDANGERED NATIONAL HERITAGE 
              RESOURCES.

    (a) List.--The Director is directed to maintain a complete and 
current list of all National Landmarks which meet the criteria of 
subsection (b).
    (b) Criteria for Listing.--Within 1 year after the date of 
enactment of this Act, the Director shall promulgate criteria for 
designating a National Landmark as endangered. Such criteria shall 
provide for the designation of a National Landmark that faces any known 
or reasonably foreseeable damage, harm, or destruction. In developing 
these criteria, the Director shall consult with affected Federal 
agencies, businesses, organizations, experts, and the general public as 
well as seek and consider public comments.
    (c) Procedures for Listing.--The Director shall list under this 
section those National Landmarks which meet the criteria established 
pursuant to subsection (b) following a review of such information as 
the Director deems necessary. No site shall be listed until the 
Director has--
            (1) advised the Governor of the State (or States), the 
        chief elected official of the local government (or governments) 
        in which the site is located, and any affected Indian tribe; 
        and
            (2) provided a reasonable opportunity for public comment.
Such notice and opportunity to comment prior to designation may be 
waived by the Director in emergency situations. In such cases, notice 
and opportunity to comment shall take place at the earliest possible 
opportunity following listing.
    (d) Request for Listing.--Upon the request of any person, including 
the owner of the National Landmark, or the appropriate local or State 
government or Indian tribe, the Director shall undertake a review of a 
site to determine whether it meets the criteria of subsection (b). The 
Director shall, by regulation, prescribe the information to be included 
in a request submitted under this section and notice of all such 
requests shall be published in the Federal Register. Such requests 
shall be available for public inspection. The Director shall make such 
determination no later than 30 days following the receipt of a request 
which complies with such regulations. Upon determining that a site 
meets such criteria, the Director shall place it on the list of 
endangered places.
    (e) Expedited Landmark Designation.--At the request of the Governor 
of a State, the Director, using applicable criteria, shall consider on 
an expedited basis whether a particular resource should be designated a 
National Landmark. In any such case the Director shall make such 
determination within 30 days after receipt of such request. In any such 
case the Secretary's Advisory Board shall be consulted as fully as 
possible.
    (f) Publication and Report to Congress.--The Director shall 
annually publish and transmit to the Speaker of the House of 
Representatives and to the President of the Senate a copy of the list 
maintained under subsection (a) of section 301 of this Act, together 
with a report explaining the basis for listing each National Landmark 
and specifying the actions that are being taken to address the damage, 
harm, or destruction of the National Landmark. The list under this 
section shall replace the annual listing required under section 8 of 
the Act of August 18, 1970, (16 U.S.C. 1a-5).
    (g) Regulations.--The Director shall promulgate regulations for the 
implementation of this section within 1 year after the enactment of 
this Act.

SEC. 302. NATIONAL LANDMARK CONSERVATION AGREEMENTS.

    (a) Agreements.--For each National Landmark the Director is 
authorized to enter into a binding written agreement with the owner of 
the landmark and with--
            (1) the State, the local government (or in the case of a 
        site located within multiple jurisdiction, such governments) 
        within which the National Landmark is located, and affected 
        Indian tribes, or
            (2) any combination of such owners, governments, and tribes 
        as the Director considers appropriate
that provides for the long-term conservation of the site. Such an 
agreement shall specify actions needed to preserve the National 
Landmark. For each National Landmark listed as endangered pursuant to 
section 301, the Director shall seek to enter such an agreement as 
promptly as possible after the listing of such landmark.
    (b) Planning Grants.--The Director is authorized to make grants for 
the purpose of assisting owners, State and local governments, and 
Indian tribes in the preparation of agreements described in subsection 
(a). Grants for any project under this subsection may not exceed 
$100,000 for a single year and such grants for may not exceed $500,000 
for a single project. Each grant under this section shall require the 
grant recipient to return all grant funds in the event of any failure 
to comply with the terms and conditions of the grant.
    (c) Conservation Grants.--Upon the execution of an agreement the 
Director may provide grants and technical assistance to owners, State 
and local governments and Indian tribes to implement the agreement. 
Grants may include grants for the acquisition of full or partial 
interests in property, the restoration of properties and the provision 
of such services and facilities as will enhance the public's 
appreciation of the National Landmark. The amount of any such grant 
shall not exceed 50 percent of the total cost of implementing an 
agreement. Such grants shall also be conditioned on the Director's 
receipt of specific commitments, including but not limited to local 
planning actions and property (including easement) acquisition or 
donation, that will assist in the implementation of the agreement. Not 
more than 10 percent of the amounts appropriated for grants under this 
section, and not more than $1,000,0000, may be used for a single 
project.
    (d) Grant Conditions.--Grants under this section shall be made only 
upon application of the recipient and shall be available only to the 
extent funds are specifically appropriated for grants under this 
section. Such funds shall be in addition to any other Federal financial 
assistance for any other program, and shall be subject to such terms 
and conditions as the Director deems necessary to carry out the 
purposes of this section. Each grant under this section shall require 
the grant recipient to return all grant funds in the event of any 
failure to comply with the terms and conditions of the grant.
    (e) Consistency of Federal Activities With National Landmark 
Conservation Agreements.--In addition to the requirements of section 
401, all Federal agencies shall conduct and support actions in a manner 
which is, to the maximum extent practicable, consistent with any 
agreements under this section. Where the Director is afforded an 
opportunity to comment on an undertaking affecting a National Landmark 
resource for which the Director has entered into an agreement under 
this section, the Director shall make a finding of the consistency of 
that undertaking with the agreement.

     TITLE IV--FEDERAL PROGRAM CONSISTENCY AND RESOURCE PROTECTION

SEC. 401. FEDERAL PROGRAM REVIEW.

    (a) Protection from Damage, Harm, or Destruction.--No agency may 
assist, license, exempt, or otherwise conduct or approve a Federal or 
federally-assisted undertaking that will, or is likely to, cause damage 
or harm to, or destruction of, a National Heritage Resource (as defined 
in subsection (b)).
    (b) National Heritage Resources.--For the purpose of this Act, 
National Heritage Resources are each of the following--
            (1) Units of the National Park System.
            (2) Places designated as National Historic Landmarks.
            (3) Places designated as National Natural Landmarks.
The Director shall maintain a current listing of National Heritage 
Resources and publish such listing as appropriate.
    (c) Procedures.--Before proceeding with any proposed Federal or 
federally-assisted undertaking that may cause damage or harm to, or 
destruction of, a National Heritage Resource, the agency shall--
            (1) promptly notify the appropriate Federal, State and 
        local governmental officials, Indian tribes, and interested 
        members of the public of the undertaking at the time it 
        initiates planning the undertaking, and at the time of 
        preparation of documents required pursuant to the National 
        Environmental Policy Act of 1969,
            (2) provide the Director, the Advisory Council on Historic 
        Preservation, and the Council on Environmental Quality (or any 
        successor agency) a reasonable opportunity to comment on the 
        undertaking; and
            (3) make a finding with respect to whether the undertaking 
        will damage, harm, or destroy a National Heritage Resource.
Agency procedures implementing this section shall be consistent with 
regulations promulgated by the Director under this section. In 
promulgating such regulations, the Director shall utilize the 
procedures developed pursuant to the National Environmental Policy Act, 
the National Historic Preservation Act, and the regulations of the 
Advisory Council on Historic Preservation, the Council on Environmental 
Quality (or any successor agency), or any combination of these as 
appropriate, and such other applicable laws as may serve to advance the 
purposes of this section. In all cases, a determination under paragraph 
(3) shall be made available to the public, together with a concise 
statement of the basis of the determination.
    (d) Exemptions for National Security and Disasters.--The provisions 
of this section shall not apply to any undertaking or class of 
undertakings--
            (1) that is carried out by the Armed Forces of the United 
        States (including the Coast Guard) or by the National Guard of 
        any State which the President determines are necessary in time 
        of war or national emergency, or
            (2) that takes place in an area the President has declared 
        to be a major disaster area under the Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 and following) where 
        the head of the agency determines that the undertaking to be 
        (A) a temporary measure involving an emergency situation and 
        (B) necessary to prevent or reduce the potential loss of human 
        life.
    (e) Federal Assistance.--Each Federal agency shall ensure that the 
agency will not grant a loan, loan guarantee, permit, license, or other 
assistance to an applicant who has intentionally significantly 
adversely affected a National Heritage Resource to which the grant 
would relate, or having legal power to prevent it, allowed such 
significant adverse effect to occur, unless the agency, after 
consultation with the Director (and the National Advisory Council on 
Historic Preservation in the case of a historic property), determines 
that circumstances justify granting such assistance despite the adverse 
effect created or permitted by the applicant.

SEC. 402. TEMPORARY PROTECTION AUTHORITY.

    (a) Determination.--The Director shall determine whether an action 
(other than an action covered by section 401) will, or is likely to, 
cause harm or damage to, or destruction of, a National Heritage 
Resource.
    (b) Protection Action.--Where the Director determines that an 
action will, or is likely to, damage, harm, or destroy, a National 
Heritage Resource, the Director--
            (1) shall use all available authorities to avoid or 
        mitigate such effects;
            (2) shall propose alternatives to avoid or mitigate any 
        such effects and may propose an agreement with any person to 
        avoid or mitigate any such effects; and
            (3) may bring suit in the appropriate United States 
        district court to enjoin such action.
In any such case the court may issue an order enjoining such action 
where the court finds that the action presents an imminent danger of 
such damage, harm, or destruction. No order issued under this 
subsection shall remain in effect beyond 180 days following its initial 
effective date.
    (c) Alternatives.--Whenever an agreement is proposed under 
subsection (b)(1), the Director shall review the agreement and approve 
it if the Director finds that the agreement will result in mitigating 
or avoiding the effect described in subsection (a). After the Director 
has approved such an agreement, the Director may request the court to 
withdraw an order issued pursuant to subsection (b)(2).
    (d) Petition for Determination.--The Director shall make the 
determination described in subsection (a) upon the receipt of a 
petition submitted by any interested person under this subsection. The 
Director shall promulgate regulations regarding the elements to be 
included in such petitions and binding timetables applicable to making 
decisions regarding such petitions.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. DEFINITIONS.

    As used in this title:
            (1) The term ``action'' includes any failure or refusal to 
        act.
            (2) The term ``agency'' means (A) any Executive agency, as 
        defined in section 105 of title 5, United States Code, and any 
        other agency, as defined in section 551 of title 5, United 
        States Code, and (B) any department, agency, or instrumentality 
        of a State or local government when such department, agency, or 
        instrumentality is carrying out any Federal or federally-
        assisted undertaking.
            (3) The term ``Federal assistance'' means any loan, loan 
        guarantee, permit, license, exemption, or other approval, 
        sanction, assistance or support provided or issued under the 
        authority of Federal law.
            (4) The term ``Federal or federally-assisted undertaking'' 
        means a project, activity, or program funded in whole or in 
        part under the direct or indirect jurisdiction of a Federal 
        agency, including--
                    (A) those carried out by or on behalf of the 
                agency;
                    (B) those carried out with Federal financial 
                assistance;
                    (C) those requiring a Federal permit license, or 
                approval; and
                    (D) those subject to State or local regulation 
                administered pursuant to a delegation or approval by a 
                Federal agency.
            (5) The term ``damage, harm, or destroy a National Heritage 
        Resource'' means to have any demonstrable impact on the 
        National Heritage Resource or on its component resources, which 
        impairs the natural, cultural, or esthetic values or 
        significance of the National Heritage Resource or of its 
        component resources or the visitor experience of such values or 
        significance. The Director shall promulgate generally 
        applicable regulations under this paragraph.
            (6) The term ``Governor'' means the chief executive officer 
        of a State.
            (7) The terms ``Indian tribe'' and ``tribe'' means an 
        Indian tribe, band, nation, or other organized group or 
        community, including a Native village, Regional Corporation or 
        Village Corporation, as those terms are defined in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1602), which 
        is recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (8) The term ``National Landmark Conservation Agreement'' 
        means an agreement entered into under section 302.
            (9) The term ``legislative days'' means calendar days of 
        continuous session of Congress. For purposes of this 
        paragraph--
                    (A) continuity of session of Congress is broken 
                only by an adjournment sine die; and
                    (B) the days on which either House is not in 
                session because of an adjournment of more than 10 days 
                to a day certain are excluded in the computation of the 
                period.
            (10) The term ``National Landmark'' means any National 
        Historic Landmark or a National Natural Landmark.
            (11) The term ``National Historic Landmark'' means a 
        property so designated or determined eligible for such 
        designation pursuant to the authority of the Historic Sites Act 
        of 1935 and as further authorized by this Act.
            (12) The term ``National Natural Landmark'' means a 
        property so designated pursuant to authority of the Historic 
        Sites Act of 1935 and as further authorized by this Act.
            (13) The term ``National Park System'' has the meaning 
        provided by section 2 of the Act of August 8, 1953 (16 U.S.C. 
        1b-1c).
            (14) The term ``National Register of Historic Places'' 
        means places so designated or determined eligible for 
        designation pursuant to the National Historic Preservation Act.
            (15) The terms ``National Heritage Resource'' and ``NHR'' 
        mean any place meeting the definition of section 401(b) of this 
        Act.
            (16) The term ``owner'' means for the purposes of this Act, 
        the single ownership entity or, in the case of multiple owners 
        of a single property or the owners of multiple properties, any 
        one of such owners.
            (17) The term ``Director'' means the Director of the 
        National Park Service.
            (18) The term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau, the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States.

SEC. 502. PENALTIES AND ENFORCEMENT.

    (a) Civil Actions.--The Director is authorized to commence a civil 
action for appropriate relief for any violation of a court order issued 
pursuant to section 402 of this Act.
    (b) Civil Penalties.--Any person who violates a court order issued 
pursuant to the provisions of section 402 of this Act may be assessed a 
civil penalty equal to the cost of repairing any damage done to a 
National Heritage Resource, plus an additional amount of $2,500 for 
each day of violation. In lieu of assessing a civil penalty equal to 
the cost of repairing any damage, the court may require any person to 
undertake repairs pursuant to specifications prepared by the National 
Park Service and under the supervision of the National Park Service.

SEC. 503. RELATIONSHIP TO OTHER LAWS.

    The protection provided by this Act for National Heritage Resources 
shall be in addition to any other protection provided under any other 
authority of Federal or State law and nothing in this Act shall be 
construed to restrict any other authority of the Director under any 
Federal, State, or common law to regulate, protect, or preserve any 
National Heritage Resource. In order to provide for the highest degree 
of protection and preservation of the Nation's heritage of natural and 
cultural resources for the benefit of present and future generations, 
it is the intent of Congress that the Director shall utilize the most 
effective means available to the Director to protect and preserve 
National Heritage Resources. Nothing in this Act shall be construed to 
restrict any rights which any person (or class of persons) may have to 
seek enforcement of any standard or limitation or to seek any other 
relief under any other Federal, State, or common law in order to 
protect or preserve any National Heritage Resource. Nothing in this Act 
shall restrict any relief available to the Director, or to any other 
person, including injunctive relief, under any other provision or rule 
of Federal, State, or common law in any action or proceeding brought to 
protect or preserve any National Heritage Resource.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary for the purposes of this Act, except that not more than 
$10,000,000 shall be available for purposes of section 302 of this Act 
(relating to National Landmark Conservation Agreements). Such sums 
shall remain available until expended.

SEC. 505. EXISTING UNDERTAKINGS.

    The provisions of section 401 and of the amendment made by section 
404 shall not apply to any Federal or federally-assisted undertaking 
which commenced prior to the date of enactment of this Act or for which 
any Federal assistance, license, exemption approval has been granted 
prior to the date of enactment of this Act, except that any new or 
revised separate element of any such undertaking not commenced or not 
approved by such date shall be subject to such provisions. For purposes 
of this section, any part of an undertaking which is either physically 
separable or which has separately identifiable impacts shall be 
considered a separate element of the undertaking.

                                 <all>

HR 3710 IH----2
HR 3710 IH----3
HR 3710 IH----4