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 Na-
tional Park System and certain other nationally signifi-
cant historic and natural places, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 recogni-
tion 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 Sys-
tem, 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 re-
sources are being degraded or threatened with deg-
radation, diminishing the tangible evidence of the
natural and cultural history of this Nation;
(4) visitation at units of the National Park Sys-
tem, national historic and natural landmarks, and
sites listed on the National Register of Historic
Places, is an increasingly important element of inter-
state 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 analyz-
ing the condition of units of the National Park Sys-
tem 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 ap-
plicable 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 protec-
tion 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 Na-
tion’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 Direc-
tor.
(b) SUPERVISION BY SECRETARY.—In the perform-
ance of their functions, the Director and the officers and
employees of the National Park Service shall be respon-
sible 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 Inte-
rior.
(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 ap-
pointed subject to provisions of law applicable to appoint-
ments in the competitive service, and shall be paid in ac-
cordance with the provisions applicable to such service. No
person whose position has been excepted from the competi-
tive service, other than the Director or an individual hold-
ing a career reserve Senior Executive Service position,
may conduct, or participate in the conduct of, any per-
formance appraisal under chapter 43 of title 5 of the Unit-
ed 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 per-
formance 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 sub-
committee of Congress, by report, testimony, or otherwise,
without review, clearance, or approval by any other admin-
istrative authority.
TITLE II—NATIONAL PARK
CONSERVATION
SEC. 201. STATE OF THE NATIONAL PARKS REPORTS.
(a) REPORT.—The Director shall undertake a contin-
uous 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 condi-
tion of the National Park units including appropriate
baseline information and documentation of problems relat-
ed 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 re-
source management plans including trends, emerging is-
sues 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 out-
side the unit which adversely affect or which may
adversely affect the unit.
(3) Current and planned preservation and man-
agement actions, including specific research projects
with regard to paragraphs (1) and (2) of this sub-
section.
submission, the Director shall provide a clear identifica-
tion 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 con-
tract 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, manage-
ment, and interpretation of the natural and cultural re-
sources of each unit of the National Park System. The
Director shall use systems of employee selection and devel-
opment to ensure that staff can meet the rigorous stand-
ards 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 super-
intendent of each unit of the National Park System shall
maintain a current and comprehensive resource manage-
ment 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 condi-
tions, 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 mitiga-
tion) 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 re-
source management plan. General management plans and
resource management plans shall be prepared in consulta-
tion with other affected Federal agencies, States (includ-
ing 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 re-
viewed no less frequently than every 10 years. Where the
Director determines that the availability of new informa-
tion 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 en-
actment of the National Parks and Landmarks Conserva-
tion Act, shall be revised and approved no later than 10
years after the date of enactment of this Act.’’.
(d) AUTHORITY
TO
WITHHOLD
FROM
DISCLO-
SURE.—The head of a Federal agency or other public offi-
cial 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 pro-
gram to prepare National Park Conservation Plans for
units of the National Park System. The purpose of prepar-
ing such plans shall be to develop specific programs of co-
operation 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 agen-
cies or persons other than the National Park Serv-
ice.
(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 initi-
ate the preparation of a National Park Conservation Plan
at those units the Director determines to be in most ur-
gent 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 ad-
versely affect the National Park unit.
(2) The identification of a specific and defined
geographic area in which grant assistance, coopera-
tive plans, and other techniques to prevent or re-
move 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 nec-
essary or appropriate to prevent or remove any ad-
verse 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 sub-
section (d) and makes each of the following:
(1) A finding that the plan has been developed
with adequate opportunity, including public hear-
ings, for public involvement in the preparation and
review of the plan, and the public comments were re-
ceived and considered in the plan or revision as pre-
sented to the Director.
(2) A finding that each State and local govern-
ment (or governments), Indian tribe, or Federal
agency identified in the plan as necessary for imple-
menting its provisions has the authority to imple-
ment 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 regula-
tions, to demonstrate their intention to use such au-
thority 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’’ re-
port 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 au-
thorized to provide grants to such State and local govern-
ments 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 con-
struction 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 imple-
mented. 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 author-
ized 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 implementa-
tion 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 ap-
proved 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 in-
form 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 NA-
TIONAL 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 promul-
gate criteria for designating a National Landmark as en-
dangered. Such criteria shall provide for the designation
of a National Landmark that faces any known or reason-
ably foreseeable damage, harm, or destruction. In develop-
ing these criteria, the Director shall consult with affected
Federal agencies, businesses, organizations, experts, and
the general public as well as seek and consider public com-
ments.
(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 govern-
ment (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 designa-
tion may be waived by the Director in emergency situa-
tions. In such cases, notice and opportunity to comment
shall take place at the earliest possible opportunity follow-
ing listing.
(d) REQUEST FOR LISTING.—Upon the request of
any person, including the owner of the National Land-
mark, or the appropriate local or State government or In-
dian 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 infor-
mation 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 deter-
mination no later than 30 days following the receipt of
a request which complies with such regulations. Upon de-
termining 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 Na-
tional 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 Speak-
er of the House of Representatives and to the President
of the Senate a copy of the list maintained under sub-
section (a) of section 301 of this Act, together with a re-
port explaining the basis for listing each National Land-
mark 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 Au-
gust 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 AGREE-
MENTS.
(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—
nical 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 spe-
cific commitments, including but not limited to local plan-
ning 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 ap-
propriated 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 assist-
ance 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 Direc-
tor is afforded an opportunity to comment on an undertak-
ing 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 
RE-
SOURCE PROTECTION
SEC. 401. FEDERAL PROGRAM REVIEW.
(a) PROTECTION
FROM DAMAGE, HARM, OR DE-
STRUCTION.—No agency may assist, license, exempt, or
otherwise conduct or approve a Federal or federally-as-
sisted undertaking that will, or is likely to, cause damage
or harm to, or destruction of, a National Heritage Re-
source (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 appro-
priate.
(c) PROCEDURES.—Before proceeding with any pro-
posed 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 under-
taking at the time it initiates planning the undertak-
ing, and at the time of preparation of documents re-
quired pursuant to the National Environmental Pol-
icy Act of 1969,
(2) provide the Director, the Advisory Council
on Historic Preservation, and the Council on Envi-
ronmental Quality (or any successor agency) a rea-
sonable opportunity to comment on the undertaking;
and
(3) make a finding with respect to whether the
undertaking will damage, harm, or destroy a Na-
tional Heritage Resource.
Agency procedures implementing this section shall be con-
sistent 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 Advi-
sory Council on Historic Preservation, the Council on En-
vironmental Quality (or any successor agency), or any
combination of these as appropriate, and such other appli-
cable 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 con-
cise statement of the basis of the determination.
(d) EXEMPTIONS FOR NATIONAL SECURITY AND DIS-
ASTERS.—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 Presi-
dent determines are necessary in time of war or na-
tional 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 appli-
cant 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 per-
mitted 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 de-
termines 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 miti-
gate any such effects and may propose an agreement
with any person to avoid or mitigate any such ef-
fects; 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 destruc-
tion. No order issued under this subsection shall remain
in effect beyond 180 days following its initial effective
date.
(c) ALTERNATIVES.—Whenever an agreement is pro-
posed 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 ef-
fect described in subsection (a). After the Director has ap-
proved 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 promul-
gate 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 Execu-
tive agency, as defined in section 105 of title 5,
United States Code, and any other agency, as de-
fined in section 551 of title 5, United States Code,
and (B) any department, agency, or instrumentality
of a State or local government when such depart-
ment, 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 pro-
vided or issued under the authority of Federal law.
(4) The term ‘‘Federal or federally-assisted un-
dertaking’’ means a project, activity, or program
funded in whole or in part under the direct or indi-
rect jurisdiction of a Federal agency, including—
(A) those carried out by or on behalf of the
agency;
(B) those carried out with Federal finan-
cial assistance;
(C) those requiring a Federal permit li-
cense, or approval; and
(D) those subject to State or local regula-
tion administered pursuant to a delegation or
approval by a Federal agency.
(5) The term ‘‘damage, harm, or destroy a Na-
tional Heritage Resource’’ means to have any de-
monstrable impact on the National Heritage Re-
source or on its component resources, which impairs
the natural, cultural, or esthetic values or signifi-
cance of the National Heritage Resource or of its
component resources or the visitor experience of
such values or significance. The Director shall pro-
mulgate generally applicable regulations under this
paragraph.
(6) The term ‘‘Governor’’ means the chief exec-
utive officer of a State.
(7) The terms ‘‘Indian tribe’’ and ‘‘tribe’’
means an Indian tribe, band, nation, or other orga-
nized group or community, including a Native vil-
lage, 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 pro-
grams and services provided by the United States to
Indians because of their status as Indians.
(8) The term ‘‘National Landmark Conserva-
tion Agreement’’ means an agreement entered into
under section 302.
(9) The term ‘‘legislative days’’ means calendar
days of continuous session of Congress. For pur-
poses 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 Nat-
ural Landmark.
(11) The term ‘‘National Historic Landmark’’
means a property so designated or determined eligi-
ble for such designation pursuant to the authority of
the Historic Sites Act of 1935 and as further au-
thorized by this Act.
(12) The term ‘‘National Natural Landmark’’
means a property so designated pursuant to author-
ity 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 sev-
eral States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Republic
of the Marshall Islands, the Federated States of Mi-
cronesia, and the Republic of Palau, the Northern
Mariana Islands, and any other territory or posses-
sion 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 vio-
lation 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 Her-
itage 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 speci-
fications 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 Her-
itage Resources shall be in addition to any other protec-
tion 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 pre-
serve 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 in-
tent 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 pro-
tect or preserve any National Heritage Resource. Nothing
in this Act shall restrict any relief available to the Direc-
tor, 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 pro-
tect 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 avail-
able 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 undertak-
ing 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 sepa-
rable or which has separately identifiable impacts shall be
considered a separate element of the undertaking.
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