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 Collection: Congressional Research Service Reports
Marine Protected Areas: An Overview
Marine protected areas (MPAs) are generally defined as areas reserved by law or other effective means to protect part or all of the enclosed environment. This report identifies a number of issues related to establishing MPAs in the United States. It begins by defining the concept and administrative actions taken to provide spatial protection in marine areas. It then considers some of the key issues and potential benefits and costs of designating additional MPAs. It concludes by considering potential areas of congressional interest for the 111th Congress. Existing federal laws related to the use of MPAs are summarized in the Appendix. digital.library.unt.edu/ark:/67531/metadc29650/
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities
Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges. digital.library.unt.edu/ark:/67531/metacrs10746/
Recreation on Federal Lands
No Description digital.library.unt.edu/ark:/67531/metacrs9222/
Memorials: Creating National, State, and Local Memorials
This report provides information on the mandatory steps to building a memorial on federal property in the District of Columbia. It also provides information on creating memorials in Arlington National Cemetery, within the Department of Veterans Affairs National Cemetery System, and in state veterans' cemeteries. In addition, it discusses public and private initiatives at the state and local levels to create memorials including successful local fund-raising efforts. digital.library.unt.edu/ark:/67531/metacrs10573/
Regional Haze: EPA's Proposal to Improve Visibility in National Parks and Wilderness Areas
No Description digital.library.unt.edu/ark:/67531/metacrs6967/
Property Rights "Takings": Justice O'Connor's Opinions
No Description digital.library.unt.edu/ark:/67531/metacrs8079/
The Endangered Species Act and Claims of Property Rights "Takings"
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. digital.library.unt.edu/ark:/67531/metacrs8223/
The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. digital.library.unt.edu/ark:/67531/metacrs8300/
The Endangered Species Act and Claims of Property Rights "Takings"
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. digital.library.unt.edu/ark:/67531/metacrs8325/
Mining in National Parks and Wilderness Areas: Policy, Rules, Activity
No Description digital.library.unt.edu/ark:/67531/metacrs353/
Federal Sales of Natural Resources: Pricing and Allocation Mechanisms (1998)
No Description digital.library.unt.edu/ark:/67531/metacrs751/
Arctic National Wildlife Refuge (ANWR): Controversies in the 109th Congress
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001. digital.library.unt.edu/ark:/67531/metacrs9459/
Sport Hunting in Alaska
No Description digital.library.unt.edu/ark:/67531/metacrs9234/
Land and Water Conservation Fund: Overview, Funding History, and Current Issues
No Description digital.library.unt.edu/ark:/67531/metacrs9469/
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment
The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue. digital.library.unt.edu/ark:/67531/metacrs8250/
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