Summary: H.R.5738 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.5738. Bill summaries are authored by CRS.

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Introduced in House (07/31/1992)

National Parks and Landmarks Conservation Act - Title I: Director of National Park Service - Requires the Director of the National Park Service to be appointed by the President, by and with the advice and consent of the Senate, to administer, protect, and preserve the natural and cultural resources of the United States.

Transfers the functions and authorities of the Secretary of the Interior (Secretary) which are carried out through the National Park Service as of January 1, 1993, to the Director, except that the Secretary shall retain the authority and responsibility for conveying information regarding the National Park System to the Cabinet. Prohibits the Director and the officers and employees of the National Park Service from being responsible to, or subject to the supervision or direction of, any officer, employee, or agent of the Department of Interior.

Title II: National Park Conservation - Requires the Director to prepare a "State of the National Parks" report to document the condition of the National Park units, including appropriate baseline information and documentation of problems related to their use and management and proposed solutions to such problems. Requires each report to be transmitted to specified congressional committees.

Requires the Director to establish a research program, within the National Park Service, 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 human interactions with them.

Requires the superintendent of each National Park System unit to maintain a current and comprehensive resource management plan to be reviewed and revised at least biennially to conform with this Act and to provide data for the report.

Provides that general management plans developed for each park unit shall fully consider, and be prepared using, the unit's resource management plan.

Sets forth procedures for revision of general management plans for National Park Systems units.

Requires the Director to initiate a program to prepare National Park Conservation Plans for National Park System units in order 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 addressing current or potential factors, forces, and conditions affecting such units. Sets forth procedures for the preparation of a conservation plan.

Authorizes the Director to make grants to State and local governments, Indian tribes, and private entities for assisting in the preparation of a conservation plan.

Allows the Director, under certain conditions, to provide grants to State and local governments and to Indian tribes to facilitate the implementation of the conservation plan. Requires the Director to review such approved conservation plans regularly to ensure that they meet the requirements of this Act. Provides that Federal activities that may affect National Park System units, with an approved conservation plan, shall be consistent with the plan.

Requires the Director to develop a program to inform visitors to National Park System units about the condition of such units and their resources and the actions being taken to address any current or potential affect on them.

Title III: National Landmark Conservation - Requires the Director to maintain a complete and current list of all National Landmarks which meet criteria promulgated by the Director for designating a National Landmark as endangered.

Sets forth procedures by which the Director shall list such endangered historic places.

Requires the Director to enter into National Landmark conservation agreements providing for long-term conservation of sites.

Authorizes grants, under certain conditions, to: (1) assist owners, State and local governments, and Indian tribes in the preparation of conservation agreements; and (2) facilitate their implementation.

Title IV: Federal Program Consistency and Resource Protection - Protects a National Heritage Resource from adverse Federal action, with exceptions for national security and disasters.

Prohibits, with specified exceptions, the granting of Federal assistance to an applicant for property improvement if the applicant has created or permitted activities that caused an adverse affect on a nationally significant heritage resource.

Sets forth provisions relating to temporary enjoining of harmful actions to, or destruction of, a National Heritage Resource.

Authorizes the Director to acquire by donation, purchase with appropriated or donated funds, or exchange from a willing seller or donor, lands, waters, or interests (such as scenic and historic preservation) in any National Heritage Resource in order to avoid or minimize harm, damage, or destruction to it. Requires such lands, waters, or interest to remain in Federal ownership subject to congressional approval of Federal management within 100 legislative days after such Federal acquisition. Requires the Director to dispose of such property or interest under Federal laws relating to disposal of surplus properties if: (1) the deadline for congressional approval for continued Federal ownership of such property is not met; and (2) the Director is unable to convey the property to a governmental or nongovernmental entity under terms and conditions that will ensure the protection of the National Heritage Resource. Authorizes appropriations to be deposited into a National Heritage Resource Emergency Fund to be available to the Director for such acquisitions.

Amends the National Historic Preservation Act of 1966 with respect to Federal actions that affect National Register properties.

Title V: Miscellaneous Provisions - Sets forth provisions relating to: (1) civil penalties and enforcement of this Act; (2) the relationship of this Act to other Federal or State laws; and (3) Federal or federally-assisted undertakings existing before enactment of this Act. Authorizes appropriations.