Congressional Research Service Reports - 186 Matching Results

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Snowmobiles: Environmental Standards and Access to National Parks
No Description Available.
Snowmobiles: Environmental Standards and Access to National Parks
No Description Available.
Regional Haze: EPA's Proposal to Improve Visibility in National Parks and Wilderness Areas
No Description Available.
World Heritage Convention and U.S. National Parks
This report describes the operation of the UNESCO Convention and will be updated periodically. The World Heritage Fund provides technical assistance to countries requesting help in protecting World Heritage sites.
World Heritage Convention and U.S. National Parks
During the 105th Congress, the House considered H.R. 901, legislation which would give Congress a role in designating any new U.S. national parks and monuments of world significance added to the World Heritage List, a UNESCO administered list established by the 1972 World Heritage Convention. Sponsors of the bill are concerned that designation of a U.S. site to the U.N. list, which is currently done under Executive Branch authority, does not protect the rights of private property owners or the States. The Administration and opponents of the bill argue that the designation has no affect on property rights and does not provide the United Nations with any legal authority over U.S. territory. H.R. 901 passed the House on October 8, 1997. This paper describes the operation of the UNESCO Convention and H.R. 901. It will be updated as the legislation progresses through the House and Senate. Similar language concerning the UNESCO Man and the Biosphere Program has become law. For information on that legislation, see CRS Report 96-517 ENR, Biosphere Reserves: Fact Sheet.
World Heritage Convention and U.S. National Parks
On July 13, 2000, the House passed H.R. 4811, the FY 2001 Foreign Operations bill, containing language prohibiting the use of any funds in the bill for the United Nations World Heritage Fund. This Fund provides technical assistance to countries requesting help in protecting World Heritage sites. On May 20, 1999, the House passed (by voice vote) the American Land Sovereignty Protection Act (H.R. 883), which requires congressional approval to add any additional U.S. national parks and monuments to the World Heritage List, a UNESCO-administered list established by the 1972 World Heritage Convention. This paper describes the operation of the UNESCO Convention and will be updated periodically.
World Heritage Convention and U.S. National Parks
P.L. 106-429, in which H.R. 5526, the Foreign Operations, Export Financing, and Related Programs appropriations act for 2001 was referenced, contained language prohibiting funding from this bill for the United Nations World Heritage Fund. This Fund provides technical assistance to countries requesting help in protecting World Heritage sites. On May 20, 1999, the House passed (by voice vote) the American Land Sovereignty Protection Act (H.R. 883), which requires congressional approval to add any additional U.S. national parks and monuments to the World Heritage List, a UNESCO-administered list established by the 1972 World Heritage Convention. This paper describes the operation of the UNESCO Convention and will be updated periodically.
World Heritage Convention and U.S. National Parks
On March 6, 2001, Congressman Don Young introduced H.R. 883, the American Land Sovereignty Act. H.R. 883 requires congressional approval to add any lands owned by the United States to the World Heritage List, a UNESCO-administered list established by the 1972 World Heritage Convention. In related legislation, P.L. 106-429, in which H.R. 5526, the Foreign Operations, Export Financing, and Related Programs appropriations act for 2001 was referenced, contained language prohibiting funding from this bill for the United Nations World Heritage Fund. The World Heritage Fund provides technical assistance to countries requesting help in protecting World Heritage sites. This paper describes the operation of the UNESCO Convention and will be updated periodically.
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.
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.
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.
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.
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.
International Conflict and Property Rights: Fifth Amendment "Takings" Issues
This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Property Rights "Takings": Justice O'Connor's Opinions
No Description Available.
The Availability of Nonfuel Minerals on Federal Lands: Background on the Issue
The following report reviews the laws and practices that govern the extraction of non-fuel minerals from federal lands, and the restrict ions against such extract ions. Moreover, the federal land management agencies that regulate such activities are identified, and their responsibilities discussed.
Outdoor Recreation: Is a New Commission Needed?
No Description Available.
Federal Real Property: Inventory and Disposal Initiatives
This report provides background and discusses the inventory and disposal of public lands and other Federal property. For many years the Federal Government has operated under a statutory policy of retaining public domain lands and has disposed of the proceeds from the sale of surplus property other than by the reduction of the national debt. Under the present system, the Government disposes of some types of land when it is determined to be surplus to Government needs, or, in the case of public lands, when it is determined that the national interest would best be served by the sale or exchange of particular tracts of land.
Mining in National Parks and Wilderness Areas: Policy, Rules, Activity
No Description Available.
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.
Federal Land Management Agencies: Background on Land and Resources Management
This report provides an overview of how federal lands and resources are managed, the agencies that manage the lands, the authorities under which these lands are managed, and some of the issues associated with federal land management. The report is divided into nine sections.
Federal Lands Provisions of Economic Stimulus Legislation (P.L. 111-5)
This report discusses the major federal lands provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, H.R. 1). It focuses on provisions in the law related to four federal agencies: the Forest Service, the Bureau of Land Management, the Fish and Wildlife Service, and the National Park Service. These provisions relate to construction, resource management, and wildland fire management.
Grazing Fees: An Overview and Current Issues
This report briefly discusses charging fees for grazing private livestock on federal lands, which is a long-standing but contentious practice. Generally, livestock producers who use federal lands want to keep fees low, while conservation groups and others believe fees should be raised to approximate "fair market value."
Federal Land Ownership: Acquisition and Disposal Authorities
This report describes the primary authorities of the following agencies for acquiring and disposing of federal land. These four federal agencies--the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), and Bureau of Land Management (BLM), all in the Department of the Interior (DOI), and the U.S. Forest Service (FS) in the Department of Agriculture--administer about 95% of those lands.
Land and Water Conservation Fund: Overview, Funding History, and Current Issues
No Description Available.
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.
Leasing and Permitting for Oil and Gas Development on Federal Public Domain Lands
No Description Available.
Paleontological Resources Preservation Act: Proposal for the Management and Protection of Fossil Resources Located on Federal Lands
No Description Available.
The Administration's Lands Legacy Initiative in the FY2001 Budget Proposal - A Fact Sheet
The fact sheet compares the FY2001 funding request for the Administration's Lands Legacy Initiative to the FY2000 request and the enacted FY2000 appropriation.
Land and Water Conservation Fund: Current Status and Issues
No Description Available.
Land and Water Conservation Fund: Current Status and Issues
No Description Available.
Land and Water Conservation Fund: Current Status and Issues
No Description Available.
Land and Water Conservation Fund: Current Status and Issues
This report discusses the current congressional issues which include (1) deciding the amount to appropriate each year to each of the four federal agencies, and to the state grant program; (2) identifying which lands should be acquired; and (3) determining whether the Land and Water Conservation Fund (LWCF) funds should be appropriated for additional related purposes.
Land and Water Conservation Fund: Current Status and Issues
No Description Available.
Marine Protected Areas: An Overview
No Description Available.
Marine Protected Areas: An Overview
No Description Available.