I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘National Parks and

5 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
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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.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the Nation’s heritage of unique, superlative

4 and irreplaceable nationally significant natural and

5 cultural resources constitutes a major source of

6 pride, identity, and enjoyment for the people of the

7 United States, and has gained international recogni8 tion and acclaim;

9 (2) the Congress has repeatedly expressed its

10 intent, in both generic and specific statutes and by

11 other means, that units of the National Park Sys12 tem, National Landmarks, and sites listed on the

13 National Register of Historic Places be accorded the

14 highest degree of protection feasible;
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1 (3) many nationally significant heritage re2 sources are being degraded or threatened with deg3 radation, diminishing the tangible evidence of the

4 natural and cultural history of this Nation;

5 (4) visitation at units of the National Park Sys6 tem, national historic and natural landmarks, and

7 sites listed on the National Register of Historic

8 Places, is an increasingly important element of inter9 state and foreign commerce, so that the protection

10 and preservation of these places will make a positive

11 contribution to the nation’s economic well-being; and

12 (5) no comprehensive program exists for analyz13 ing the condition of units of the National Park Sys14 tem and their natural and cultural resources and

15 other nationally significant heritage resources, or for

16 preventing the degradation of these irreplaceable

17 natural and cultural assets.

18 SEC. 3. PURPOSE AND POLICY.

19 In furtherance of the provisions of law generally ap20 plicable to units of the National Park System, including

21 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1,

22 2, 3, and 4), the Act of August 21, 1935 (49 Stat. 666;

23 16 U.S.C. 461 et seq.), the National Historic Preservation

24 Act (94 Stat. 2987; 16 U.S.C. 470 et seq.), the Act of

25 August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a–1 through
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1 1a–7), and other provisions of law regarding the protec2 tion and preservation of natural and cultural (including

3 historical and archaeological) resources, and in order to

4 ensure the continued contribution of such resources to the

5 nation’s social and economic well-being, it is the purpose

6 of this Act, and shall continue to be national policy, to

7 provide for, by exercising resource-based management, the

8 highest degree of protection and preservation of the Na9 tion’s heritage of natural and cultural resources for the

10 benefit of present and future generations.

11 TITLE I—DIRECTOR OF

12 NATIONAL PARK SERVICE

13 SEC. 101. APPOINTMENT AND FUNCTIONS OF NATIONAL

14 PARK SERVICE DIRECTOR.

15 (a) DIRECTOR OF NATIONAL PARK SERVICE.—There

16 shall be within the Department of the Interior, a National

17 Park Service headed by a Director, who shall be appointed

18 by the President, by and with the advice and consent of

19 the Senate; from among persons qualified, by training and

20 experience and by demonstrated ability, to administer,

21 protect, preserve, and interpret the natural and cultural

22 resources of the United States as provided for by law. The

23 Director shall be paid at the rate not to exceed the rate

24 of basic pay payable for level IV of the Executive Schedule

25 under section 5316 of title 5 of the United States Code.
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1 The Director shall hold office for a term of 5 years and

2 may be removed by the President only for incompetence,

3 neglect of duty, or malfeasance in office. An individual

4 may be reappointed for additional 5-year terms as Direc5 tor.

6 (b) SUPERVISION BY SECRETARY.—In the perform7 ance of their functions, the Director and the officers and

8 employees of the National Park Service shall be respon9 sible to, and subject to the supervision and direction of

10 the Secretary but shall not be responsible to, or subject

11 to the supervision and direction of any officer or employee,

12 or agent of any other part of the Department of the Inte13 rior.

14 (c) EMPLOYEES.—After January 1, 1994, no person

15 may be appointed as Deputy Director, Associate Director,

16 or Regional Director of the National Park Service (except

17 for an Assistant Director for External Affairs) who is not

18 at the time of appointment either a career appointee (as

19 defined in section 3132(4) of title 5, United States Code)

20 or in the competitive service. Other employees shall be ap21 pointed subject to provisions of law applicable to appoint22 ments in the competitive service, and shall be paid in ac23 cordance with the provisions applicable to such service. No

24 person whose position has been excepted from the competi25 tive service, other than the Director or an individual hold-
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1 ing a career reserve Senior Executive Service position,

2 may conduct, or participate in the conduct of, any per3 formance appraisal under chapter 43 of title 5 of the Unit4 ed States Code for any officer or employee of the National

5 Park Service. No person other than the Secretary may

6 conduct, or participate in the conduct of, any such per7 formance appraisal for the Director.

8 (d) INDEPENDENCE IN PROVIDING INFORMATION.—

9 Notwithstanding any other provision of law or any rule,

10 regulation, or policy directive, the Director shall provide

11 any information on the request of any committee or sub12 committee of Congress, by report, testimony, or otherwise,

13 without review, clearance, or approval by any other admin14 istrative authority.

15 TITLE II—NATIONAL PARK

16 CONSERVATION

17 SEC. 201. STATE OF THE NATIONAL PARKS REPORTS.

18 (a) REPORT.—The Director shall undertake a contin19 uous program of research and monitoring to document the

20 factors, forces, and conditions which adversely affect, or

21 which may adversely affect, units of the National Park

22 System. No later than 2 years after enactment of this Act

23 and every 3 years thereafter, the Director shall prepare

24 and transmit to the Congress a ‘‘State of the National

25 Parks’’ report. Such report shall fully document the condi-
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1 tion of the National Park units including appropriate

2 baseline information and documentation of problems relat3 ed to their use and management, with proposed solutions

4 to such problems. Each report shall be transmitted to the

5 Committee on Natural Resources of the United States

6 House of Representatives and the Committee on Energy

7 and Natural Resources of the United States Senate and

8 printed as a House document. Each ‘‘State of the National

9 Parks’’ report shall be a compilation and summary of re10 source management plans including trends, emerging is11 sues and system wide actions needed.

12 (b) CONTENTS.—Each report prepared pursuant to

13 subsection (a) shall be based on the resource management

14 plan for each individual unit of the National Park System

15 and include, but not be limited to, each of the following:

16 (1) The past, current, and projected condition

17 of the natural and cultural resources within each

18 unit.

19 (2) All factors and forces both inside and out20 side the unit which adversely affect or which may

21 adversely affect the unit.

22 (3) Current and planned preservation and man23 agement actions, including specific research projects

24 with regard to paragraphs (1) and (2) of this sub25 section.
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1 (4) The accomplishments and results of the ac2 tions undertaken in accordance with paragraph (3).

3 (c) PUBLIC INVOLVEMENT.—In the preparation of

4 the ‘‘State of the National Parks’’ report, the Director

5 shall solicit public involvement and comment.

6 SEC. 202. RESEARCH.

7 (a) ESTABLISHMENT.—The Director shall establish,

8 within the National Park Service, a research program de9 signed to—

10 (1) develop an appropriate knowledge base re11 garding the natural and cultural resources of the

12 National Park System;

13 (2) evaluate and protect such resources; and

14 (3) understand and improve the effects of

15 human interactions with such resources.

16 The Director shall ensure that all research is comprehen17 sive, current, and reflective of scholarly standards. In es18 tablishing such a program, the Director shall utilize the

19 existing personnel and facilities of the National Park Serv20 ice, including the units of the National Park System, as

21 centers for research and its dissemination. In addition, the

22 Director shall enter into cooperative agreements with uni23 versities and other educational institutions for the conduct

24 of research and the use of such research and national park

25 facilities for training and education. In the annual budget
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1 submission, the Director shall provide a clear identifica2 tion of the funds to be used for research regarding the

3 natural and cultural resources of the National Park

4 System.

5 (b) ASSISTANCE.—The Director is authorized to con6 tract with qualified research institutions or organizations

7 to assist the National Park Service in carrying out this

8 Act.

9 (c) NATIONAL PARK SERVICE STAFF.—The Director

10 shall ensure that the staffing of the National Park Service

11 employs adequate number and distribution of personnel

12 with sufficient scientific and professional knowledge and

13 expertise to properly provide for the protection, manage14 ment, and interpretation of the natural and cultural re15 sources of each unit of the National Park System. The

16 Director shall use systems of employee selection and devel17 opment to ensure that staff can meet the rigorous stand18 ards defined by the appropriate academic disciplines and

19 normally accepted by the relevant professional societies

20 and shall using systems of contracting which ensure that

21 work done by contractors to the Service shall meet the

22 same standards.
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1 SEC. 203. RESOURCE MANAGEMENT PLANS AND GENERAL

2 MANAGEMENT PLANS.

3 (a) RESOURCE MANAGEMENT PLANS.—The super4 intendent of each unit of the National Park System shall

5 maintain a current and comprehensive resource manage6 ment plan. Resource management plans shall be reviewed

7 and revised, as necessary, to conform with this subsection

8 no less frequently than every 2 years to provide data for

9 the ‘‘State of the National Parks’’ report. Such plans shall

10 assess both natural and cultural resources of the park

11 units, including those integral values and related resources

12 that extend beyond the boundaries of the unit. The plans

13 shall each include an analysis of the resources, their condi14 tions, all factors which adversely affect, or may adversely

15 affect, the resources, strategies for removing or mitigating

16 these factors (and the costs of such removal and mitiga17 tion) and a summary of accomplishments.

18 (b) CONTENTS OF GENERAL MANAGEMENT

19 PLANS.—General management plans developed for each

20 park unit pursuant to section 12(b) of the Act of August

21 18, 1970 (84 Stat. 825; 16 U.S.C. 1a–1 through 1a–7)

22 shall fully consider and be prepared using the unit’s re23 source management plan. General management plans and

24 resource management plans shall be prepared in consulta25 tion with other affected Federal agencies, States (includ26 ing State Historic Preservation Officers), Indian tribes,
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1 and local governments indigenous persons with expert

2 knowledge of a unit’s resources, and the general public.

3 (c) REVISIONS TO PLANS.—Section 12(b) of the Act

4 of August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a–1

5 through 1a–7) is amended by inserting the following at

6 the end thereof: ‘‘For the purpose of determining whether

7 a plan needs to be revised, each such plan shall be re8 viewed no less frequently than every 10 years. Where the

9 Director determines that the availability of new informa10 tion or changed circumstances requires the preparation of

11 a new or revised plan, such new or revised plan shall be

12 prepared and approved within 3 years after the date of

13 such determination. Plans not fully addressing all of the

14 elements specified in this subsection as of the date of en15 actment of the National Parks and Landmarks Conserva16 tion Act, shall be revised and approved no later than 10

17 years after the date of enactment of this Act.’’.

18 (d) AUTHORITY TO WITHHOLD FROM DISCLO19 SURE.—The head of a Federal agency or other public offi20 cial acting pursuant to this Act, after consultation with

21 the Director, shall withhold from disclosure to the public,

22 information about the location, character, or ownership of

23 a historic resource if the Director and the agency jointly

24 determine that disclosure may—

25 (1) cause a significant invasion of privacy;
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1 (2) risk harm to the resources; or

2 (3) impede the use of a traditional religious site

3 by practitioners.

4 (e) ACCESS DETERMINATION.—When the head of a

5 Federal agency or other public official has determined that

6 information should be withheld from the public pursuant

7 to subsection (d), the Director, in consultation with such

8 Federal agency head or official, shall determine who may

9 have access to the information for the purpose of carrying

10 out this Act.

11 SEC. 204. NATIONAL PARK CONSERVATION PLANS.

12 (a) DESCRIPTION.—The Director shall initiate a pro13 gram to prepare National Park Conservation Plans for

14 units of the National Park System. The purpose of prepar15 ing such plans shall be to develop specific programs of co16 operation among the National Park Service, other Federal

17 agencies, State and local governments, Indian tribes, the

18 private sector, appropriate experts, the general public, or

19 any combination of the foregoing, to address factors,

20 forces, and conditions that adversely affect, or that may

21 adversely affect, units of the National Park System, as

22 documented in the ‘‘State of the National Parks’’ report

23 and—

24 (1) that arise wholly or in part outside the

25 boundaries of a unit, or
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1 (2) whose resolution is dependent in whole or

2 part on the actions or policies of governmental agen3 cies or persons other than the National Park Serv4 ice.

5 (b) PREPARATION.—A National Park Conservation

6 Plan shall be prepared by the Director in consultation with

7 such public and private parties for the plan’s preparation

8 and implementation. The Director shall immediately initi9 ate the preparation of a National Park Conservation Plan

10 at those units the Director determines to be in most ur11 gent need of greater protection.

12 (c) PLANNING GRANTS.—The Director is authorized

13 to make grants to State and local governments, to Indian

14 tribes, and to private entities for the purposes of assisting

15 in the preparation of a strategy described in subsection

16 (a). Such grants shall not exceed $50,000 in any fiscal

17 year to any local government, Indian tribe or private entity

18 or $250,000 to any State government.

19 (d) CONTENTS.—A National Park Conservation Plan

20 shall include each of the following:

21 (1) A description of the forces, factors, and

22 conditions that adversely affect or that may ad23 versely affect the National Park unit.

24 (2) The identification of a specific and defined

25 geographic area in which grant assistance, coopera-
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1 tive plans, and other techniques to prevent or re2 move the adverse effects of Federal and non-Federal

3 activities on the park unit and any other integral

4 natural or cultural resources within the area will be

5 applied.

6 (3) A detailed description of such actions nec7 essary or appropriate to prevent or remove any ad8 verse effect to the unit.

9 (4) Specific programs of private, local, tribal,

10 State, and Federal actions that will implement such

11 plans and techniques.

12 (e) APPROVAL.—The Director shall not approve any

13 plan unless the Director finds it is consistent with sub14 section (d) and makes each of the following:

15 (1) A finding that the plan has been developed

16 with adequate opportunity, including public hear17 ings, for public involvement in the preparation and

18 review of the plan, and the public comments were re19 ceived and considered in the plan or revision as pre20 sented to the Director.

21 (2) A finding that each State and local govern22 ment (or governments), Indian tribe, or Federal

23 agency identified in the plan as necessary for imple24 menting its provisions has the authority to imple25 ment the plan and has taken such actions, or has
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1 provided written commitments that it will take such

2 actions upon approval of the plan, including the

3 adoption of laws, ordinances, resolutions, or regula4 tions, to demonstrate their intention to use such au5 thority to implement the plan.

6 (3) A finding that the plan, if implemented,

7 would prevent or remove some or all of those factors

8 identified in the ‘‘State of the National Parks’’ re9 port for that park unit that adversely affect, or that

10 may adversely affect, the unit.

11 (f) CONSERVATION GRANTS TO STATE AND INDIAN

12 TRIBES AND LOCAL GOVERNMENTS.—The Director is au13 thorized to provide grants to such State and local govern14 ments and Indian tribes to facilitate the implementation

15 of the plan including technical assistance grants for the

16 acquisition of full or partial interests in property, the con17 struction of public facilities, and the preparation and the

18 provision of such services (including interpretation) and

19 facilities as will enhance the public’s appreciation of the

20 park unit and any other natural, cultural, or recreational

21 resources within the area in which the plan will be imple22 mented. Such grants shall be conditioned on the Director’s

23 receipt of specific written commitments for actions that

24 will assist in the implementation of an approved National

25 Park Conservation Plan. The Director is authorized to
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1 suspend the provision of grants where the Director has

2 withdrawn approval of the plan pursuant to subsection

3 (g).

4 (g) REVIEW.—The Director shall conduct a regular

5 review of approved plans for the purpose of ensuring that

6 the plan continues to meet the requirements of subsections

7 (d) and (e). Where the Director finds that a plan or its

8 implementation no longer meets these requirements, the

9 Director shall withdraw approval of the plan or portions

10 thereof and provide notice of such withdrawal to the State

11 and local governments and Indian tribes concerned. Such

12 a withdrawal shall occur only after consultation with the

13 affected local and State governments and Indian tribes.

14 (h) GRANT CONDITIONS.—Grants under this section

15 shall be made only upon application of the recipient State

16 or local government or Indian tribe and shall come from

17 funds specifically appropriated for this purpose as author18 ized by this Act. Such funds shall be in addition to any

19 other Federal financial assistance for any other program,

20 and shall be subject to such terms and conditions as the

21 Director deems necessary to carry out the purposes of this

22 section. Grants made under this section for implementa23 tion of the plan may only be made for the first 5 years

24 after the date of the Director’s approval of the plan. Each

25 grant under this section shall require the grant recipient
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1 to return all grant funds in the event of any failure to

2 comply with the terms and conditions of the grant.

3 (i) CONSISTENCY OF FEDERAL ACTIVITIES WITH

4 NATIONAL PARK CONSERVATION PLANS.—In addition to

5 the requirement of section 401, all Federal agencies shall

6 conduct and support actions in a manner which is, to the

7 maximum extent feasible, consistent with the plan ap8 proved by the Director pursuant to this section. Where

9 the Director is afforded, by law, regulation, or otherwise

10 an opportunity to comment on an undertaking affecting

11 a unit of the National Park System for which the Director

12 has approved a plan, the Director shall make a finding

13 to determine whether that undertaking is consistent with

14 the plan.

15 SEC. 205. PUBLIC INFORMATION.

16 The Director shall develop a program designed to in17 form visitors to units of the National Park System about

18 the condition of those units and their resources and the

19 actions being taken to address any factors that adversely

20 affect, or that may adversely affect, those units.
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1 TITLE III—NATIONAL

2 LANDMARK CONSERVATION

3 SEC. 301. PREPARATION OF LIST OF ENDANGERED NA4 TIONAL HERITAGE RESOURCES.

5 (a) LIST.—The Director is directed to maintain a

6 complete and current list of all National Landmarks which

7 meet the criteria of subsection (b).

8 (b) CRITERIA FOR LISTING.—Within 1 year after the

9 date of enactment of this Act, the Director shall promul10 gate criteria for designating a National Landmark as en11 dangered. Such criteria shall provide for the designation

12 of a National Landmark that faces any known or reason13 ably foreseeable damage, harm, or destruction. In develop14 ing these criteria, the Director shall consult with affected

15 Federal agencies, businesses, organizations, experts, and

16 the general public as well as seek and consider public com17 ments.

18 (c) PROCEDURES FOR LISTING.—The Director shall

19 list under this section those National Landmarks which

20 meet the criteria established pursuant to subsection (b)

21 following a review of such information as the Director

22 deems necessary. No site shall be listed until the Director

23 has—

24 (1) advised the Governor of the State (or

25 States), the chief elected official of the local govern-
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1 ment (or governments) in which the site is located,

2 and any affected Indian tribe; and

3 (2) provided a reasonable opportunity for public

4 comment.

5 Such notice and opportunity to comment prior to designa6 tion may be waived by the Director in emergency situa7 tions. In such cases, notice and opportunity to comment

8 shall take place at the earliest possible opportunity follow9 ing listing.

10 (d) REQUEST FOR LISTING.—Upon the request of

11 any person, including the owner of the National Land12 mark, or the appropriate local or State government or In13 dian tribe, the Director shall undertake a review of a site

14 to determine whether it meets the criteria of subsection

15 (b). The Director shall, by regulation, prescribe the infor16 mation to be included in a request submitted under this

17 section and notice of all such requests shall be published

18 in the Federal Register. Such requests shall be available

19 for public inspection. The Director shall make such deter20 mination no later than 30 days following the receipt of

21 a request which complies with such regulations. Upon de22 termining that a site meets such criteria, the Director

23 shall place it on the list of endangered places.

24 (e) EXPEDITED LANDMARK DESIGNATION.—At the

25 request of the Governor of a State, the Director, using
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1 applicable criteria, shall consider on an expedited basis

2 whether a particular resource should be designated a Na3 tional Landmark. In any such case the Director shall

4 make such determination within 30 days after receipt of

5 such request. In any such case the Secretary’s Advisory

6 Board shall be consulted as fully as possible.

7 (f) PUBLICATION AND REPORT TO CONGRESS.—The

8 Director shall annually publish and transmit to the Speak9 er of the House of Representatives and to the President

10 of the Senate a copy of the list maintained under sub11 section (a) of section 301 of this Act, together with a re12 port explaining the basis for listing each National Land13 mark and specifying the actions that are being taken to

14 address the damage, harm, or destruction of the National

15 Landmark. The list under this section shall replace the

16 annual listing required under section 8 of the Act of Au17 gust 18, 1970, (16 U.S.C. 1a–5).

18 (g) REGULATIONS.—The Director shall promulgate

19 regulations for the implementation of this section within

20 1 year after the enactment of this Act.

21 SEC. 302. NATIONAL LANDMARK CONSERVATION AGREE22 MENTS.

23 (a) AGREEMENTS.—For each National Landmark

24 the Director is authorized to enter into a binding written

25 agreement with the owner of the landmark and with—
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1 (1) the State, the local government (or in the

2 case of a site located within multiple jurisdiction,

3 such governments) within which the National Land4 mark is located, and affected Indian tribes, or

5 (2) any combination of such owners, govern6 ments, and tribes as the Director considers appro7 priate

8 that provides for the long-term conservation of the site.

9 Such an agreement shall specify actions needed to pre10 serve the National Landmark. For each National Land11 mark listed as endangered pursuant to section 301, the

12 Director shall seek to enter such an agreement as prompt13 ly as possible after the listing of such landmark.

14 (b) PLANNING GRANTS.—The Director is authorized

15 to make grants for the purpose of assisting owners, State

16 and local governments, and Indian tribes in the prepara17 tion of agreements described in subsection (a). Grants for

18 any project under this subsection may not exceed

19 $100,000 for a single year and such grants for may not

20 exceed $500,000 for a single project. Each grant under

21 this section shall require the grant recipient to return all

22 grant funds in the event of any failure to comply with the

23 terms and conditions of the grant.

24 (c) CONSERVATION GRANTS.—Upon the execution of

25 an agreement the Director may provide grants and tech-
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1 nical assistance to owners, State and local governments

2 and Indian tribes to implement the agreement. Grants

3 may include grants for the acquisition of full or partial

4 interests in property, the restoration of properties and the

5 provision of such services and facilities as will enhance the

6 public’s appreciation of the National Landmark. The

7 amount of any such grant shall not exceed 50 percent of

8 the total cost of implementing an agreement. Such grants

9 shall also be conditioned on the Director’s receipt of spe10 cific commitments, including but not limited to local plan11 ning actions and property (including easement) acquisition

12 or donation, that will assist in the implementation of the

13 agreement. Not more than 10 percent of the amounts ap14 propriated for grants under this section, and not more

15 than $1,000,0000, may be used for a single project.

16 (d) GRANT CONDITIONS.—Grants under this section

17 shall be made only upon application of the recipient and

18 shall be available only to the extent funds are specifically

19 appropriated for grants under this section. Such funds

20 shall be in addition to any other Federal financial assist21 ance for any other program, and shall be subject to such

22 terms and conditions as the Director deems necessary to

23 carry out the purposes of this section. Each grant under

24 this section shall require the grant recipient to return all
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1 grant funds in the event of any failure to comply with the

2 terms and conditions of the grant.

3 (e) CONSISTENCY OF FEDERAL ACTIVITIES WITH

4 NATIONAL LANDMARK CONSERVATION AGREEMENTS.—

5 In addition to the requirements of section 401, all Federal

6 agencies shall conduct and support actions in a manner

7 which is, to the maximum extent practicable, consistent

8 with any agreements under this section. Where the Direc9 tor is afforded an opportunity to comment on an undertak10 ing affecting a National Landmark resource for which the

11 Director has entered into an agreement under this section,

12 the Director shall make a finding of the consistency of

13 that undertaking with the agreement.

14 TITLE IV—FEDERAL PROGRAM

15 CONSISTENCY AND RE16 SOURCE PROTECTION

17 SEC. 401. FEDERAL PROGRAM REVIEW.

18 (a) PROTECTION FROM DAMAGE, HARM, OR DE19 STRUCTION.—No agency may assist, license, exempt, or

20 otherwise conduct or approve a Federal or federally-as21 sisted undertaking that will, or is likely to, cause damage

22 or harm to, or destruction of, a National Heritage Re23 source (as defined in subsection (b)).
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1 (b) NATIONAL HERITAGE RESOURCES.—For the

2 purpose of this Act, National Heritage Resources are each

3 of the following—

4 (1) Units of the National Park System.

5 (2) Places designated as National Historic

6 Landmarks.

7 (3) Places designated as National Natural

8 Landmarks.

9 The Director shall maintain a current listing of National

10 Heritage Resources and publish such listing as appro11 priate.

12 (c) PROCEDURES.—Before proceeding with any pro13 posed Federal or federally-assisted undertaking that may

14 cause damage or harm to, or destruction of, a National

15 Heritage Resource, the agency shall—

16 (1) promptly notify the appropriate Federal,

17 State and local governmental officials, Indian tribes,

18 and interested members of the public of the under19 taking at the time it initiates planning the undertak20 ing, and at the time of preparation of documents re21 quired pursuant to the National Environmental Pol22 icy Act of 1969,

23 (2) provide the Director, the Advisory Council

24 on Historic Preservation, and the Council on Envi25 ronmental Quality (or any successor agency) a rea-
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1 sonable opportunity to comment on the undertaking;

2 and

3 (3) make a finding with respect to whether the

4 undertaking will damage, harm, or destroy a Na5 tional Heritage Resource.

6 Agency procedures implementing this section shall be con7 sistent with regulations promulgated by the Director

8 under this section. In promulgating such regulations, the

9 Director shall utilize the procedures developed pursuant

10 to the National Environmental Policy Act, the National

11 Historic Preservation Act, and the regulations of the Advi12 sory Council on Historic Preservation, the Council on En13 vironmental Quality (or any successor agency), or any

14 combination of these as appropriate, and such other appli15 cable laws as may serve to advance the purposes of this

16 section. In all cases, a determination under paragraph (3)

17 shall be made available to the public, together with a con18 cise statement of the basis of the determination.

19 (d) EXEMPTIONS FOR NATIONAL SECURITY AND DIS20 ASTERS.—The provisions of this section shall not apply

21 to any undertaking or class of undertakings—

22 (1) that is carried out by the Armed Forces of

23 the United States (including the Coast Guard) or by

24 the National Guard of any State which the Presi-
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1 dent determines are necessary in time of war or na2 tional emergency, or

3 (2) that takes place in an area the President

4 has declared to be a major disaster area under the

5 Disaster Relief and Emergency Assistance Act (42

6 U.S.C. 5121 and following) where the head of the

7 agency determines that the undertaking to be (A) a

8 temporary measure involving an emergency situation

9 and (B) necessary to prevent or reduce the potential

10 loss of human life.

11 (e) FEDERAL ASSISTANCE.—Each Federal agency

12 shall ensure that the agency will not grant a loan, loan

13 guarantee, permit, license, or other assistance to an appli14 cant who has intentionally significantly adversely affected

15 a National Heritage Resource to which the grant would

16 relate, or having legal power to prevent it, allowed such

17 significant adverse effect to occur, unless the agency, after

18 consultation with the Director (and the National Advisory

19 Council on Historic Preservation in the case of a historic

20 property), determines that circumstances justify granting

21 such assistance despite the adverse effect created or per22 mitted by the applicant.

23 SEC. 402. TEMPORARY PROTECTION AUTHORITY.

24 (a) DETERMINATION.—The Director shall determine

25 whether an action (other than an action covered by section
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1 401) will, or is likely to, cause harm or damage to, or

2 destruction of, a National Heritage Resource.

3 (b) PROTECTION ACTION.—Where the Director de4 termines that an action will, or is likely to, damage, harm,

5 or destroy, a National Heritage Resource, the Director—

6 (1) shall use all available authorities to avoid or

7 mitigate such effects;

8 (2) shall propose alternatives to avoid or miti9 gate any such effects and may propose an agreement

10 with any person to avoid or mitigate any such ef11 fects; and

12 (3) may bring suit in the appropriate United

13 States district court to enjoin such action.

14 In any such case the court may issue an order enjoining

15 such action where the court finds that the action presents

16 an imminent danger of such damage, harm, or destruc17 tion. No order issued under this subsection shall remain

18 in effect beyond 180 days following its initial effective

19 date.

20 (c) ALTERNATIVES.—Whenever an agreement is pro21 posed under subsection (b)(1), the Director shall review

22 the agreement and approve it if the Director finds that

23 the agreement will result in mitigating or avoiding the ef24 fect described in subsection (a). After the Director has ap25 proved such an agreement, the Director may request the
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1 court to withdraw an order issued pursuant to subsection

2 (b)(2).

3 (d) PETITION FOR DETERMINATION.—The Director

4 shall make the determination described in subsection (a)

5 upon the receipt of a petition submitted by any interested

6 person under this subsection. The Director shall promul7 gate regulations regarding the elements to be included in

8 such petitions and binding timetables applicable to making

9 decisions regarding such petitions.

10 TITLE V—MISCELLANEOUS

11 PROVISIONS

12 SEC. 501. DEFINITIONS.

13 As used in this title:

14 (1) The term ‘‘action’’ includes any failure or

15 refusal to act.

16 (2) The term ‘‘agency’’ means (A) any Execu17 tive agency, as defined in section 105 of title 5,

18 United States Code, and any other agency, as de19 fined in section 551 of title 5, United States Code,

20 and (B) any department, agency, or instrumentality

21 of a State or local government when such depart22 ment, agency, or instrumentality is carrying out any

23 Federal or federally-assisted undertaking.

24 (3) The term ‘‘Federal assistance’’ means any

25 loan, loan guarantee, permit, license, exemption, or
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1 other approval, sanction, assistance or support pro2 vided or issued under the authority of Federal law.

3 (4) The term ‘‘Federal or federally-assisted un4 dertaking’’ means a project, activity, or program

5 funded in whole or in part under the direct or indi6 rect jurisdiction of a Federal agency, including—

7 (A) those carried out by or on behalf of the

8 agency;

9 (B) those carried out with Federal finan10 cial assistance;

11 (C) those requiring a Federal permit li12 cense, or approval; and

13 (D) those subject to State or local regula14 tion administered pursuant to a delegation or

15 approval by a Federal agency.

16 (5) The term ‘‘damage, harm, or destroy a Na17 tional Heritage Resource’’ means to have any de18 monstrable impact on the National Heritage Re19 source or on its component resources, which impairs

20 the natural, cultural, or esthetic values or signifi21 cance of the National Heritage Resource or of its

22 component resources or the visitor experience of

23 such values or significance. The Director shall pro24 mulgate generally applicable regulations under this

25 paragraph.
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1 (6) The term ‘‘Governor’’ means the chief exec2 utive officer of a State.

3 (7) The terms ‘‘Indian tribe’’ and ‘‘tribe’’

4 means an Indian tribe, band, nation, or other orga5 nized group or community, including a Native vil6 lage, Regional Corporation or Village Corporation,

7 as those terms are defined in section 3 of the Alaska

8 Native Claims Settlement Act (43 U.S.C. 1602),

9 which is recognized as eligible for the special pro10 grams and services provided by the United States to

11 Indians because of their status as Indians.

12 (8) The term ‘‘National Landmark Conserva13 tion Agreement’’ means an agreement entered into

14 under section 302.

15 (9) The term ‘‘legislative days’’ means calendar

16 days of continuous session of Congress. For pur17 poses of this paragraph—

18 (A) continuity of session of Congress is

19 broken only by an adjournment sine die; and

20 (B) the days on which either House is not

21 in session because of an adjournment of more

22 than 10 days to a day certain are excluded in

23 the computation of the period.
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1 (10) The term ‘‘National Landmark’’ means

2 any National Historic Landmark or a National Nat3 ural Landmark.

4 (11) The term ‘‘National Historic Landmark’’

5 means a property so designated or determined eligi6 ble for such designation pursuant to the authority of

7 the Historic Sites Act of 1935 and as further au8 thorized by this Act.

9 (12) The term ‘‘National Natural Landmark’’

10 means a property so designated pursuant to author11 ity of the Historic Sites Act of 1935 and as further

12 authorized by this Act.

13 (13) The term ‘‘National Park System’’ has the

14 meaning provided by section 2 of the Act of August

15 8, 1953 (16 U.S.C. 1b–1c).

16 (14) The term ‘‘National Register of Historic

17 Places’’ means places so designated or determined

18 eligible for designation pursuant to the National

19 Historic Preservation Act.

20 (15) The terms ‘‘National Heritage Resource’’

21 and ‘‘NHR’’ mean any place meeting the definition

22 of section 401(b) of this Act.

23 (16) The term ‘‘owner’’ means for the purposes

24 of this Act, the single ownership entity or, in the

25 case of multiple owners of a single property or the
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1 owners of multiple properties, any one of such

2 owners.

3 (17) The term ‘‘Director’’ means the Director

4 of the National Park Service.

5 (18) The term ‘‘State’’ means each of the sev6 eral States of the United States, the District of Co7 lumbia, the Commonwealth of Puerto Rico, the Vir8 gin Islands, Guam, American Samoa, the Republic

9 of the Marshall Islands, the Federated States of Mi10 cronesia, and the Republic of Palau, the Northern

11 Mariana Islands, and any other territory or posses12 sion of the United States.

13 SEC. 502. PENALTIES AND ENFORCEMENT.

14 (a) CIVIL ACTIONS.—The Director is authorized to

15 commence a civil action for appropriate relief for any vio16 lation of a court order issued pursuant to section 402 of

17 this Act.

18 (b) CIVIL PENALTIES.—Any person who violates a

19 court order issued pursuant to the provisions of section

20 402 of this Act may be assessed a civil penalty equal to

21 the cost of repairing any damage done to a National Her22 itage Resource, plus an additional amount of $2,500 for

23 each day of violation. In lieu of assessing a civil penalty

24 equal to the cost of repairing any damage, the court may

25 require any person to undertake repairs pursuant to speci-
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1 fications prepared by the National Park Service and under

2 the supervision of the National Park Service.

3 SEC. 503. RELATIONSHIP TO OTHER LAWS.

4 The protection provided by this Act for National Her5 itage Resources shall be in addition to any other protec6 tion provided under any other authority of Federal or

7 State law and nothing in this Act shall be construed to

8 restrict any other authority of the Director under any

9 Federal, State, or common law to regulate, protect, or pre10 serve any National Heritage Resource. In order to provide

11 for the highest degree of protection and preservation of

12 the Nation’s heritage of natural and cultural resources for

13 the benefit of present and future generations, it is the in14 tent of Congress that the Director shall utilize the most

15 effective means available to the Director to protect and

16 preserve National Heritage Resources. Nothing in this Act

17 shall be construed to restrict any rights which any person

18 (or class of persons) may have to seek enforcement of any

19 standard or limitation or to seek any other relief under

20 any other Federal, State, or common law in order to pro21 tect or preserve any National Heritage Resource. Nothing

22 in this Act shall restrict any relief available to the Direc23 tor, or to any other person, including injunctive relief,

24 under any other provision or rule of Federal, State, or
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1 common law in any action or proceeding brought to pro2 tect or preserve any National Heritage Resource.

3 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

4 There is authorized to be appropriated such sums as

5 may be necessary for the purposes of this Act, except that

6 not more than $10,000,000 shall be available for purposes

7 of section 302 of this Act (relating to National Landmark

8 Conservation Agreements). Such sums shall remain avail9 able until expended.

10 SEC. 505. EXISTING UNDERTAKINGS.

11 The provisions of section 401 and of the amendment

12 made by section 404 shall not apply to any Federal or

13 federally-assisted undertaking which commenced prior to

14 the date of enactment of this Act or for which any Federal

15 assistance, license, exemption approval has been granted

16 prior to the date of enactment of this Act, except that

17 any new or revised separate element of any such undertak18 ing not commenced or not approved by such date shall

19 be subject to such provisions. For purposes of this section,

20 any part of an undertaking which is either physically sepa21 rable or which has separately identifiable impacts shall be

22 considered a separate element of the undertaking.

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