For online references to these laws:
- In NPS.gov, many of the laws are listed on the NPS Office of Policy web page. Clicking on an individual law takes one to the Cornell University Law Library, and the U.S. Code.
- The NPS Legislative and Congressional Affairs web page has links to all NPS related laws from 1933 to the present. (However, it can take a very long time to download the information, which is grouped into various years.)
- All federal laws and their various amendments can be found within the U.S. Code. For NPS laws, go to Title 16 (Conservation). Then find the appropriate section from the U.S. Code citation. Other useful titles include Title 5 (Government Organization and Employees), Title 42 (Public Health and Welfare), Title 43 (Public Lands), and Title 46 (Transportation). Go to the GPO Access website to browse all of the U.S. Code titles.
- Laws regarding access (disabilities)
- Presidential executive orders
Abandoned Shipwreck Act of 1987, PL 100-298, 102 Stat. 432, 43 USC 2101 et seq.
Asserts U.S. title to three categories of abandoned shipwrecks: those embedded in a state's submerged lands; those embedded in coralline formations protected by a state on its submerged lands; and those located on a state's lands that are included or determined eligible for inclusion on the National Register of Historic Places. The law then transfers title for a majority of those shipwrecks to the respective states, and provides that states develop policies for managing the wrecks so as to protect natural resources, permit reasonable public access, and allow for recovery of shipwrecks consistent with the protection of historical values and the environmental integrity of wrecks and sites.
Acid Precipitation Act of 1980, PL 96-294, 94 Stat. 770, 42 USC 8901 et seq.
Seeks to identify the causes and sources of acid precipitation and to evaluate the environmental, social, and economic effects of acid precipitation. Calls for a comprehensive 10-year program to be implemented by the Interagency Acid Precipitation Task Force.
Act Amending the Act of October 2, 1968 (commonly called the Redwoods Act), March 27, 1978, PL 95-250, 92 Stat. 163, 16 USC 1a-1, 79a-q
Amends the 1968 Redwood NP enabling legislation, and also provides additional guidance on national park system management. Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System shall be consistent with and founded in the purpose established by the first section of the Act of August 25, 1916, to the common benefit of all the people of the United States. The authorization of activities shall be construed and the protection, management, and administration of these areas shall be conducted in light of the high public value and integrity of the National Park System and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress.
Act of August 8, 1953, 67 Stat. 495, 16 USC 1b-1c
Authorizes the Secretary of the Interior to render emergency rescue, firefighting, and cooperative assistance to nearby law enforcement and fire prevention agencies; erection and maintenance of fire protection facilities, water lines, telephone lines, electric lines, and other utility lines; reimbursement of utility services to concessioners, contractors, or other users; and contracting for utilities. Also allows for acquiring rights-of-way and operating, repairing, and maintaining equipment. Section 2 defines the "national park system" as "any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes" and requires that "each area within the national park system shall be administered in accordance with the provisions of any statute made specifically applicable to that area."
Act of February 21, 1925, 43 Stat. 958 (temporary act, not codified)
Further extended policy direction initiated in 1920, providing for securing lands in the southern Appalachian Mountains and Mammoth Cave regions of Kentucky for perpetual preservation as National Parks. Led to the authorization of Great Smoky Mountains, Mammoth Cave, and Shenandoah National Parks.
Act of June 30, 1864, 13 Stat. 325, 16 USC 48
Authorizes a grant to California for the "Yosemite Valley," and for land embracing the "Mariposa Big Tree Grove." This tract was "to be held for public use, resort, and recreation" by the state of California, and to "be inalienable for all time."
Act of June 5, 1920, 41 Stat. 917, 16 USC 6
Begins to formulate a new policy for establishing parks and monuments (up to this time they were established from the public domain). Authorized the secretary of the interior to accept patented lands, rights-of-way over patented lands or other lands, buildings, or other property within the various national parks and monuments, and moneys which may be donated for the purposes of the national park and monument system.
Act of March 1, 1872, 17 Stat. 32, 16 USC 21 et seq.
Sets aside a certain tract of land near the headwaters of the Yellowstone River as a public park. Generally, the act signified establishment of a new public policy; namely, that portions of the public lands were to be reserved and withdrawn from settlement, occupancy or sale under the laws of the United States and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people. . . . That . . . the Secretary of the Interior . . . shall provide for the preservation, from injury or spoliation, of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition.
Act of May 26, 1930, 46 Stat. 381, 16 USC 17-17j
Authorizes the purchases of equipment and supplies; contracts for services and accommodations, temporary care and the removal of indigents from parks; reimburses employees for losses, hires and purchase work animals and property, and the payment of employee travel expenses.
Administrative Dispute Resolution Act, PL 104-320, 110 Stat. 3870, 5 USC 571 et seq. (1996) ("ADRA")
The act applies to federal agencies, requiring them to consider and examine alternative means of resolving disputes in connection with rulemaking, litigation, enforcement actions, licensing and permitting, and formal and informal adjudications. The action, which amends the Administrative Procedures Act (see below) to authorize and establish guidelines for federal agencies' use of alternative dispute resolution, is essentially a voluntary statute and as such merely encourages, but does not mandate, the use of mediation, conciliation, arbitration, and other alternative dispute resolution techniques.
Administrative Procedures Act, 5 USC 551-59, 701-706
Standardizes and categorizes agency action between rulemakings, both formal and informal, and adjudications. Requires that the public be given notice of federal agency actions, along with an opportunity for comment, and [provides for trial-like proceedings during formal rulemakings]. Institutionalizes an appeals process, and provides for judicial review of agency actions to determine whether or not they are "in accordance with law" or are "arbitrary and capricious."
Airport and Airway Development Act of 1970, PL 91-258, 84 Stat. 226, 49 USC 2208)
Requires airport development projects to provide for the protection and enhancement of the natural resources and environmental quality and limits the secretary of transportation in circumventing this purpose. No airports can be authorized with adverse environmental impacts unless it is determined in writing that no feasible and prudent alternatives exist and steps have been taken to minimize adverse effects. Relationship is identical to §4(f) of Department of Transportation Act.
Airports in or near National Parks Act, 64 Stat. 27, 16 USC 7a-e
Allows the Secretary of the Interior to plan, acquire, establish, construct, enlarge, or improve airports in or close to national park system units if necessary to the proper performance of DOI functions. Requires all airports to be operated as public airports.
Alaska National Interest Lands Conservation Act of 1980, PL 96-487, 94 Stat. 2371, 16 USC 3101 et seq.
Added to or expanded existing units of the five national conservation systems in the Alaska national park system, national wildlife refuge system, national wild and scenic rivers system, national wilderness preservation system, and national forest system. Established 5 national parks; expanded 3 existing parks (2 of which were monuments); established 2 national monuments and 10 national preserves (the latter are to be administered as parks except that sport hunting and trapping are authorized in them); and placed 13 wild and scenic rivers under NPS administration. More than doubled the size of the national park system by adding over 50 million acres. Also provides for specific exceptions to general NPS legal authorities for parks in Alaska, including special provisions related to subsistence and rights-of-way.
Alternative Dispute Resolution Act, PL 105-315, 112 Stat. 2993, 28 USC Appx 2 (1998), 28 USC 651-658
Requires all federal district courts to establish an alternative dispute resolution program, which may involve the use of arbitration, mediation, early neutral evaluation, or mini-trials, for certain civil cases.
American Battlefield Protection Act of 1996, PL 104-333, 16 USC 469k
Requires the Secretary of the Interior, through the American Battlefield Protection Program and the existing national historic preservation program, to provide assistance to citizens, public and private institutions, and federal, tribal, state and local governments, for the identification, research, evaluation, interpretation, and protection of historic battlefields and associated sites.
American Folklife Preservation Act of 1976, PL 94-201, 89 Stat. 1129, 20 USC 2101-2107
Establishes U.S. policy to "preserve, support, revitalize, and disseminate American folklife traditions and arts." Defines folklife, establishes American Folklife Center, and authorizes the Librarian of Congress to promote various American folklife programs.
American Indian Religious Freedom Act, PL 95-341, 92 Stat. 469, 42 USC 1996, 1996a; 43 CFR 7.7
Declares federal policy to protect/preserve the inherent and constitutional right of the American Indian/Eskimo/Aleut/Native Hawaiian people to believe/express/ exercise their traditional religions and calls for a now-completed evaluation of federal procedures/programmatic objectives/policies. Imposes no specific procedural duties on federal agencies. Provides that religious concerns should be accommodated or addressed under NEPA or other appropriate statutes.
Americans with Disabilities Act of 1990, PL 101-336, 104 Stat. 327, 42 USC 12101 et seq.
States that all new construction and programs will be accessible. Planning and design guidance for accessibility is provided in the Architectural and Transportation Barriers Compliance Board (36 CFR Part 1191). Additionally, NPS Special Directive 83-3 states that accessibility will be proportional to the degree of development, i.e., areas of intense development (visitor centers, museums, drive in campgrounds, etc.) will be entirely accessible and areas of lesser development, (backcountry trails and walk-in campgrounds) may have fewer accessibility features.
Antiquities Act of 1906, PL 59-209, 34 Stat. 225, 16 USC 431-433; 43 CFR 3
As the Archeological Resources Protection Act's forerunner, the Antiquities Act constituted the first general act providing protection for archeological resources. It protects all historic and prehistoric ruins or monuments on federal lands and prohibits their excavation, destruction, injury or appropriation without the departmental secretary's permission. It also authorizes the President of the United States to proclaim as national monuments public lands having historic landmarks, historic and prehistoric structures, and other objects of historic or of scientific interest. The Antiquities Act also authorizes the President to reserve federal lands, to accept private lands, and to accept relinquishment of unperfected claims for that purpose.
The act authorizes the departmental secretary to issue permits to qualified institutions to examine ruins, excavate archeological sites, and gather objects of antiquity. Regulations at 43 CFR Part 3 establish procedures for permitting the excavation or collection of prehistoric and historic objects on federal lands. Superseded by the Archeological Resources Protection Act (1979) as an alternative federal tool for prosecution of antiquities violations in national park system areas. Permits under the Archeological Resources Protection Act replace Antiquities Act permits.
Archeological and Historic Preservation Act of 1974, PL 93-291, 88 Stat. 174, 16 USC 469 et seq.
Amends and updates the Reservoir Salvage Act of 1960 to broaden legislation beyond dam construction. Provides for the preservation of significant scientific, prehistoric, historic, or archeological data (including relics and specimens) that might be lost or destroyed as a result of (1) the construction of dams, reservoirs, and attendant facilities, or (2) any alteration of the terrain caused as a result of any federal construction project or federally licensed project, activity, or program. Provides for the recovery of data from areas to be affected by federal actions.
Archeological Resources Protection Act of 1979, PL 96-95, 93 Stat. 721, 16 USC 470 aa et seq.; 43 CFR 7, subparts A and B, 36 CFR 79
Secures the protection of archeological resources on public or Indian lands and fosters increased cooperation and exchange of information between the private/governmental/ professional community in order to facilitate the enjoyment and education of present and future generations. Regulates excavation and collection on public and Indian lands. Defines archeological resources to be any material remains of past human life or activities that are of archeological interest and are at least 100 years old. Requires
notification of Indian tribes who may consider a site of religious or cultural importance prior to issuing permit. Amended in 1988 to require the development of plans for surveying public lands for archeological resources and systems for reporting incidents of suspected violations.
Architectural Barriers Act of 1968, PL 90-480, 82 Stat. 718, 42 USC 4151 et seq.
Makes buildings or facilities constructed, altered, leased, or financed by the federal government or a federal grant since August 12, 1968, subject to the statute. Establishes standards for design/construction or alteration of buildings to ensure that physically handicapped persons have ready access to and use of such buildings. Excludes historic structures from the standards until they
Arizona Desert Wilderness Act (contains NPS boundary study provisions), PL 101-628, 104 Stat. 4495, 16 USC 1a-5, 460ddd, 460fff, and many more
Expands San Antonio Mission NHP; establishes Amistad and Lake Meredith as national park system units; authorizes Underground Railroad Study of Alternatives; includes Civil War Sites Study Act; revises NPS Advisory Board by increasing from 12 to 16 members and expanding disciplines, requires recommendations on the designation of national natural and historic landmarks; establishes an NPS Advisory Council to provide advice to Advisory Board; requires the National Park Service to prepare a boundary report; requires the development of boundary adjustment criteria; requires consultation with state and local governments, affected landowners, and private national, regional, and local organizations; requires cost estimates and priorities by area and by the National Park Service for boundary adjustments.
Bald and Golden Eagles Protection Act, as amended, Act of June 8, 1940, 54 Stat 250; 16 USC 668-668d
Prohibits taking, possessing, and trade in bald and golden eagles. Provides criminal and civil penalties.
Clean Air Act, as amended, Act of July 14, 1955, 69 Stat. 322; 42 USC 7401 et seq.
Addresses both moving and stationary sources of air pollution, as well as acid deposition, stratospheric ozone, and noise. Seeks to prevent and control air pollution; to initiate and accelerate research and development; and to provide technical and financial assistance to state and local governments in connection with the development and execution of air pollution programs. Establishes requirements for areas failing to attain national ambient air quality standards. Provides for the prevention of significant deterioration of areas where air is cleaner than the national standards.
Establishes a conformity program to ensure that federal actions do not interfere with the state implementation plan for the attainment and maintenance of national ambient air quality standards (sec. 176 (c)). Transportation conformity regulations (applicable to highways and mass transit) establish the criteria and procedures for determining that transportation plans, programs, and projects that are federally funded (23 USC or the Federal Transit Act) conform with the state implementation plan (58 FR 62188). General conformity regulations (applicable to everything aside from what is covered in transportation conformity) ensure that other federal actions also conform to the state implementation plan (58 FR 63214).
Coastal Barrier Resources Act, PL 97-348, 96 Stat. 1653, 16 USC 3501 et seq.
Establishes a coastal barrier resources system that identifies and maps certain essentially undeveloped coastal barrier features (islands, spits, etc.) and their associated aquatic habitats along the Atlantic and Gulf of Mexico coastlines. The act restricts certain federal actions (construction of bridges, roads, docks, shoreline stabilization features, etc.) or federal assistance for such actions in national park system areas. The act was amended by the Great Lake Coastal Barriers Act of 1988 to include coastal barriers in the shore areas of the Great Lakes.
Coastal Zone Management Act of 1972, as amended, PL 92-583, 86 Stat. 1280, 16 USC 1451 et seq.
States that the national policy is to "preserve, protect, develop, and where possible, to restore or enhance the resources of the nation's coastal zones" (including those bordering the Great Lakes) and to encourage and assist the states (through 1977) in developing management plans for the non-federal lands and waters of their coastal zones. Requires federal actions to conform to approved state coastal zone management plans to the maximum extent possible. Stipulates that applicants for federal licenses and permits certify that their activities are consistent with management programs of directly affected states.
Comprehensive Environmental Response Compensation and Liability Act (commonly referred to as CERCLA or the Superfund Act), PL 96-510, 94 Stat. 2767, 42 USC 9601 et seq.
Regulates the cleanup of hazardous or toxic contaminants at closed or abandoned sites. Establishes a fund available to states for the cleanup of abandoned sites (funds come from taxes levied on designated chemical feedstocks). Allows the government to recover the cost of the cleanup and associated damages by suing the responsible parties. Reauthorized in 1986 under the Superfund Amendment Reauthorization Act; section 120 specifies that CERCLA applies to federal facilities.
Department of Transportation Act of 1966 (PL 89-670, 80 Stat. 931, as amended and recodified in 49 USC 303, 4(f))
Restricts the use of park lands for federally supported highways and other projects requiring DOT approval. Section 4(f) mandates that no project that requires use of land from a public park, a recreation area, or a wildlife or waterfowl refuge of national, state, or local significance be approved unless there is no feasible or prudent alternative and that all possible planning be done to minimize the harm to such an area.
Disposal of Materials on Public Lands (Material Act of 1947), PL Chapter 406, 61 Stat. 681, 30 USC 601-604
Prohibits the sale of "salable" or "common variety" minerals in national park system units (petrified wood, sand, stone, gravel, pumice, pumicite, cinders, limestone, and clay). However, the Secretary may sell for limited purposes sand, gravel, and rock to the residents of the Stehekin community in Lake Chelan NRA (16 USC 90c-1(b)).
Emergency Planning and Community Right-to-Know Act of 1986, PL 99-499, 100 Stat. 1725, 42 USC 11001 et seq.
Sets up procedures for emergency planning, emergency notification, and community right-to-know reporting on chemicals and emissions inventory. Designed to protect communities from hazardous chemicals by making sure that advance planning occurs for potential emergencies. Exempts all federal agencies from compliance, but the Department of the Interior strongly encourages voluntary compliance with all portions of the law.
Endangered Species Act of 1973, as amended, PL 93-205, 87 Stat. 884, 16 USC 1531 et seq.
Requires federal agencies to ensure that any action authorized, funded, or carried out does not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modifications of critical habitat. Section 7 requires all federal agencies to consult with the Department of the Interior and to insure that any action authorized, funded or carried out by such agencies is not likely to jeopardize the continued existence or destruction or adverse modification of critical habitat of such species.
Endangered Species Conservation Act of 1969, PL 91-135, 16 USC 668aa et seq.
Provides for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife, including migratory birds, that are threatened with extinction. This act was repealed by the Endangered Species Act of 1973. However, many of the provisions of this act were incorporated into the Endangered Species Act of 1973 (16 USC 1531 et seq.).
Energy Supply and Environmental Coordination Act of 1974, PL 93-319, 88 Stat. 246, 15 USC 791 et seq.
Provides the basis for issuing Executive Order 12003 and Staff Directive 78-10.
Estuary Protection Act, PL 90-454, 82 Stat. 625, 16 USC 1221 et seq.
Provides a means for evaluating the nation's estuaries to maintain a reasonable balance between the need to protect their natural beauty and to develop them for further growth of our nation.
Farmland Protection Policy Act, PL 97-98, 7 USC 4201 et seq.; 7 CFR 658
Requires federal agencies to assess the effects of their actions on prime or unique farmland and land of statewide or local importance classified by the U.S. Department of Agriculture's Natural Resources Conservation Service. Does not authorize the federal government to regulate the use of private or non-federal land or in any way to affect the property rights of owners. Projects are subject to act requirements if they may irreversibly convert farmland (directly or indirectly) to non-agricultural use and are completed by a federal agency or with assistance from a federal agency. Requirements apply not only to cropland, but also to forestland, pastureland, or other land, but not water or urban built-up land. Prime farmland is land that has the physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. Unique farmland is land other than prime farmland that is used for production of specific high-value food and fiber crops, such as citrus, tree nuts, olives, cranberries, fruits, and vegetables. Farmland that is of statewide or local importance for the production of food feed, fiber, forage, or oilseed crops, as determined by the appropriate state or unit of local government agency or agencies, and that the Secretary of Agriculture determines should be considered as farmland for the purposes of this subtitle.
Federal Advisory Committee Act, PL 92-463, 5 USC App. 1, et seq.
Seeks to ensure that all groups have equal access to federal decision making, where such decisions are made using public input. Controls the growth and operation of the "numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government." Does not apply to a meeting of non-governmental employees if the intent of the group meeting is to obtain information or viewpoints from individual attendees, and not to solicit advice, opinions or recommendations from the group acting in a collective mode. May be triggered if the function/mission of the group changes over time such that the agency begins to use the group as a source of consensus advice or recommendations. (The more static the group composition, i.e., the same attendees at each meeting, the more likely FACA will be applicable.)
Questions to ask when determining whether FACA applies to a particular undertaking or contemplated action: (1) What is the composition of the group? (2) Can the assemblage of parties be fairly characterized as a "group"? (3) Who formed the group? Depending on this answer, another important issue may arise, and that is whether the group, if not "established" by the agency, is "utilized" by the agency and thus within the purview of FACA. (4) What is the function of the group? or Why was the group
convened? This final question applies to both "established" and "utilized" groups. Thus, even if the convened parties constitute a "group," that is either "established" or "utilized" by the agency, FACA's applicability will still depend on the purpose for which the group was assembled.
Federal Aviation Act of 1958, PL 85-726, 72 Stat. 744, 49 USC 106
Authorizes and mandates the Federal Aviation Administration to prescribe rules and regulations governing the flight of aircraft, including rules as to the safe altitude of flight, as well as the protection to the public health and welfare from aircraft noise and
Federal Cave Resources Protection Act of 1988, PL 100-691, 102 Stat. 4546, 16 USC 4301 et seq.
Requires the identification and preservation of significant caves on federal land and fosters increased cooperation and information exchange between government agencies and others on the use of these caves for scientific, educational, and recreational purposes.
Federal Coal Leasing Amendments Act of 1976, PL 94-377, 90 Stat. 1083, 30 USC 201
Prohibits coal leasing in national park system units. Also requires inclusion of various environmental protection measures in coal leases issued under the Mineral Leasing Acts of 1920 and 1947 in order to help reduce the adverse impacts generated from coal development adjacent to parks.
Federal Insecticide, Fungicide, and Rodenticide Act, PL 92-516, 86 Stat. 975, 7 USC 136 et seq.
Requires that all pesticides be registered, and that pesticides be used in accordance with this registration. Restricts the use of certain pesticides and regulates others as toxic pollutants under the Clean Water and Safe Drinking Water Acts.
Federal Land Policy and Management Act, PL 94-579, 90 Stat. 199, 43 USC 1701 et seq.
Provides for grazing on public lands and the issuance or renewal of rights-of-way. Establishes that the principles of multiple use management and sustained yields be used in the management of public lands. Requires the preparation and maintenance of inventories of all public lands and their resources and other values; requires the development and maintenance of land use plans for the use of public lands; provides for the sale, exchange, or purchase of lands. Provides for personnel in the Bureau of Land Management. Also contains a land exchange authority under which the Secretary of the Interior may exchange federal lands or interests in lands outside national park system units for non-federal lands or interests in lands within national park system units.
Federal Power Act of 1920, PL Chapter 285, 41 Stat. 1063, 16 USC 791a et seq.
Authorizes the Federal Energy Regulatory Agency (FERC) to issue licenses for the construction, operation, and maintenance of dams, water conduits, reservoirs, power houses, transmission lines, and other physical structures of hydropower projects. Also authorizes FERC to grant licensing exemptions to facilities 15MW or less on non-federal lands and to small hydroelectric power projects of 5000 KW or less at existing dams. (The exemptions require FERC to consult with state and federal fish and wildlife agencies and to include the terms and conditions the agencies consider appropriate to mitigate the loss of, or damage to, fish and wildlife resources.)
Federal Water Pollution Control Act (commonly referred to as Clean Water Act), PL 92-500, 33 USC 1251 et seq., as amended by the Clean Water Act, PL 95-217
Furthers the objectives of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters and of eliminating the discharge of pollutants into navigable waters by 1985. Establishes effluent limitation for new and existing industrial discharge into U.S. waters. Authorizes states to substitute their own water quality management plans developed under section 208 of the act for federal controls. Provides an enforcement procedure for water pollution abatement. Requires conformance to permit required under section 404 for actions that may result in discharge of dredged or fill material into a tributary to, wetland, or associated water source for a navigable river.
Federal Water Power Act, PL Chapter 285, 41 Stat. 1063, 16 USC 823a, as amended, 16 USC 797
Prescribes that what is now the Federal Energy Regulatory Commission cannot authorize, permit, lease, or license any facilities for the development, storage, and transmission of water and/or power within a national park without specific authority from Congress. Exceptions are where a park's enabling legislation or other statute specifically.
Federal Water Project Recreation Act, 79 Stat. 213, PL 89-72, 16 USC 460l-12 to 460l-21
Requires that full consideration be given to recreation and fish and wildlife enhancement in the construction of water resource projects. Gives the Secretary of the Interior authority to provide recreation development at projects and may operate, maintain, and acquire lands for these purposes for existing, authorized, or reauthorized projects. Allows for lands acquired for recreational purposes at any project by any federal agency to be transferred to the Department of the Interior. Funnels recreational use fees to the Land and Water Conservation Fund.
Fish and Wildlife Coordination Act, as amended, PL 85-624, 72 Stat. 563, 16 USC 661 et seq.
Applies to major federal water resources development plans (impounding, diverting, deepening the channel, or otherwise controlling or modifying streams or other bodies of water). Requires federal agencies to consult with the Fish and Wildlife Service and parallel state agencies whenever such plans result in alteration of a body of water. Requires that wildlife conservation receive equal consideration with other features of water resource development. Triggers coordination with the Fish and Wildlife Service upon application for a 404 permit.
Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, 12 USC 24, 42 USC 4001 et seq.
Substantially increases the coverage limits of the national flood insurance program. Requires state and local communities, as a condition of future federal assistance, to participate in the program and to adopt adequate floodplain ordinances and enforcement mechanisms. Requires property owners acquiring or improving land or facilities in identified flood hazard areas, and who are being assisted by federal institutions (including by federally regulated or insured institution), to purchase flood insurance. This act is the 1973 amendments of the National Flood Insurance Act of 1968.
Food Security Act of 1985 (Sodbuster Law), PL 99-198, 99 Stat. 1504, 16 USC 3801 et seq.
Restricts a number of federal benefits to farmers who, after December 23, 1985, produce agricultural commodities on certain "converted wetland."
Forest and Rangeland Renewable Resources Planning Act of 1974, as amended, PL 93-378, 88 Stat. 476, 16 USC 1600 et seq.
Establishes land and resource management planning system for the Forest Service and also expresses congressional insistence on inventory and monitoring of natural resources on all public lands.
Freedom of Information Act, PL 93-502, 5 USC 552 et seq.
Requires the government to make its records available to any person upon written request unless such information is exempt
General Authorities Act, October 7, 1976, PL 94-458, 90 Stat. 1939, 16 USC 1a-1 et seq.
Amends or repeals many provisions from previous acts and provides additional improvement and authorization for the administration of the national park system. Repeals virtually all previous arrest authority, authorizes law enforcement officers, and provides these officers with the authority to carry firearms, make arrests without warrant, execute warrants, and conduct investigations. Also addresses boating and other water regulations, meals and lodging, moving expenses for dependents, and uniform allowance. Amends the Freedom of Information Act in terms of exceptions. Requires the Secretary of the Interior to transmit to Congress a detailed program for the development of facilities, structures, or buildings of each unit of the national park system consistent with general management plans no later than January 15 of each year. Also requires the National Park Service to investigate, study, and monitor areas of national significance. At the beginning of each fiscal year, the Service is required to submit to Congress a list of not less than 12 areas that appear to qualify for inclusion in the national park system. Allows the Secretary of the Interior "to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects."
General Mining Act of 1872, PL Chapter 152, 17 Stat. 91, 30 USC 22 et seq.
Provides that all public domain lands not withdrawn are open to prospecting and the staking of claims. Allows individuals to file mining claims for federal minerals on federal lands open to mineral entry. Gives claimants a possessory right on unpatented mining claims, which permits them to extract and remove federal minerals from claims but does not give them ownership of the land. Allows full title to the mineral from the federal government, and in most cases, the surface and all resources as well, to be obtained through the patent process. (Most national park system units were closed to mineral entry under this law by their enabling laws or proclamations. The Mining in the Parks Act closed the last six NPS units that were still open to claim location.)
(All NPS units are closed to the location and filing of new mining claims, the selling of federal mineral materials, and the leasing of federal minerals with the exception of four NPS-managed national recreation areas where mineral leasing has been authorized by Congress and permitted under regulation. However, the holders of valid claims and leases that predate the establishment of a unit or exist in one of the four national recreation areas open to federal mineral leasing do possess rights to develop the mineral associated with their claims or leases. Their ability to exercise these rights is dependent on the nature of potential impacts on park resources and values. If the potential impacts are deemed unacceptable, the National Park Service will need to extinguish the pertinent right through purchase, exchange, or donation.)
Geothermal Steam Act Amendments, PL 100-443, 30 USC 1001, 1005, 1026, 1027
Provides added protection for selected parks by requiring the Bureau of Land Management to obtain NPS consent before issuing a geothermal lease on lands adjacent to listed park units. (The regulations at 43 CFR 3200 govern geothermal leasing on lands adjacent to park units.)
Geothermal Steam Act of 1970, as amended, PL 91-581, 84 Stat. 1566, 30 USC 1001-1027
Authorizes leasing of lands for exploration, development, and production of geothermal steam (which is broadly defined to include more than simply steam). Amended in 1988 to prevent issue of geothermal leases if there is an adverse effect on national park system units. Also prevents the use of existing or new geothermal sources in Corwin Springs, near Yellowstone, until after the U.S. Geological Survey/National Park Service prepare a study for Congress.
Grand Canyon National Park Enlargement Act, January 1975, PL 93-620 sec. 8, 88 Stat. 2089, 16 USC 221, 228a et seq.
In addition to measures applying specifically to Grand Canyon National Park, recognizes "natural quiet as a value or resource in its own right to be protected from significant adverse effect" (sec. 8). In addition, specifically addresses the potential for helicopter operations to cause a significant adverse effect on natural quiet and experience of a park.
Historic Sites Act of 1935, PL 74-292, 49 Stat. 666, 16 USC 461-467, and 36 CFR 65
Establishes a national policy "to preserve for public use, historic sites, buildings, and objects of national significance for the inspiration and benefit" of the American people. Authorizes the designation of national historic sites and landmarks, authorizes interagency efforts to preserve historic resources, and establishes fines for violations of the Act. Authorizes surveys of historic and archeological sites, buildings, and objects to determine which remain significant, and provides for the restoration, reconstruction, rehabilitation, preservation, and maintenance of historic and prehistoric properties of national significance. Authorizes the Secretary of the Interior, through the National Park Service, to conduct surveys and studies, to collect information, and purchase significant historic properties. Allows the Secretary of the Interior to restore, preserve, maintain, and rehabilitate structures and sites; establish museums; and operate and manage historic sites, and develop educational programs.
Intergovernmental Cooperation Act of 1968, PL 90-577, 82 Stat. 1098, 40 USC 531 et seq. and 31 USC 6501 et seq., 42 USC 4201
Governs grants-in-aid to states, assignment and consultation by federal employees to state/local government units, and operation between federal actions and state and local units regarding planning.
Lacey Act of 1900, as amended by PL 97-79, 16 USC 3371 et seq., 18 USC 42; Title 50 CFR
Outlaws interstate traffic in illegally killed birds and other animals (one of the first federal wildlife laws and aimed at the "pot hunter," who killed large amounts of wildlife for sale). Aids states in enforcing conservation laws. As amended in 1981, is a single comprehensive statute that provides more effective enforcement of state, federal, Indian tribal, and foreign conservation laws protecting fish, wildlife, and rare plants. Gives authority, in addition to CFR regulations, to park superintendents and U.S. attorneys to prosecute criminal or civil violations involving the taking of fish, wildlife, and rare plants in park units.
Land and Water Conservation Fund Act of 1965, as amended, PL 88-578, 78 Stat. 897, 16 USC 460l-4 to 460l-11
Establishes a conservation fund to assist state and federal agencies in meeting present and future outdoor recreational demands. Funds the federal government in its efforts to provide public recreation and to preserve threatened fish and wildlife. Requires the preparation of state comprehensive outdoor recreation plans. Authorizes fee collection activities. Requires that no property acquired or developed with assistance from the LWCF be converted to other than public outdoor recreation uses without approval of the Secretary of the Interior (sec. 6(f)). Allows the secretary to approve a conversion only upon a finding that it is in accord with the current comprehensive statewide plan and that there will be a fair substitution of other recreation properties. Makes LWCF grants available to states and local governments for the acquisition and preservation of threatened Civil War battlefields. LWCF funds cannot be used to acquire lands within the existing boundaries of a park unit.
Magnuson-Stevens Fishery Conservation and Management Act, PL 94-625, 90 Stat. 331, 16 USC 1801 et seq.
Provides for the protection, conservation, and enhancement of U.S. fishery resources. Extends the exclusive U.S. fisheries zone from 12 to 200 miles effective July 1, 1976, and provides for the development of regional fisheries management plans and regulations to govern fishing within the fisheries zone and to provide control over anadromous fish to the extent of their range.
Management of Museum Properties Act of 1955, PL 84-127, 69 Stat. 242, 16 USC 18f to 18f-3
Authorizes the National Park Service to accept donations or bequests of museum properties, purchase them from donated funds, exchange them, and receive and grant museum loans.
Marine Mammal Protection Act of 1972, PL 92-522, 86 Stat. 1027, 16 USC 1361 et seq.
Provides marine mammals with necessary and extensive protection from commercial exploitation, technology, and possible extinction. Exceptions are allowed for specific, approved research and incidental taking in the course of certain commercial fishing operations. Any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean is exempt from the moratorium on taking if such taking is for subsistence purposes or is done for the purposes of creating and selling authentic native articles of handicrafts and clothing, in each case accomplished in a non-wasteful manner.
Marine Protection, Research, and Sanctuaries Act of 1972 (commonly known as Ocean Dumping Act), PL 92-532, 86 Stat. 1052, 16 USC 1431 et seq., 33 USC 1401 et seq.
Establishes a policy to regulate ocean dumping and to prevent or strictly limit ocean dumping of any material that would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. Allows designation of marine sanctuaries (title III). Requires consideration of the relationship between alternative actions and existing or proposed marine sanctuaries in the region, as well as the desirability of establishing marine sanctuaries within the park or its regions where appropriate. Authorizes the Corps of Engineers (sec. 103) to issue permits for the transportation of dredged material for the purpose of dumping into ocean waters.
Migratory Bird Conservation Act, PL Chapter 257, 45 Stat. 1222, 16 USC 715 et seq.
Aids in the restoration of scarce or extinct species and regulates the introduction of American or foreign birds or other animals.
Migratory Bird Treaty Act, PL Chapter 128, 40 Stat. 755, 16 USC 703 et seq.
Prohibits the taking, possession, and trade of migratory birds, except as permitted by regulations. Provides search, arrest, and seizure authority to authorized employees; provides for civil and criminal penalties for violation; allows states to impose more restrictive measures to protect migratory birds; and allows for taking for scientific and propagating purposes.
Mineral Leasing Act for Acquired Lands, PL Chapter 513, 61 Stat. 913, 30 USC 351 et seq.
Authorizes the disposal of leasable minerals (including coal, oil, and gas) from federal lands that were acquired by the United States, i.e. lands that were non-federally owned prior to U.S. obtaining title. Like the Mineral Leasing Act of 1920, prohibits the leasing of federally owned minerals in national park system units except where specifically authorized by law.
Mineral Leasing Act of 1920 (commonly referred to as Mineral Leasing Act or Mineral Lands Leasing Act), PL Chapter 85, 41 Stat. 437, 30 USC 181 et seq., as amended
Provides authority for disposal of leasable minerals on "public domain" federal lands. Prohibits the leasing of federally owned minerals in national park system units except where specifically authorized by law (Glen Canyon, Lake Mead, Whiskeytown).
Mining in the Parks Act, PL 94-429, 90 Stat. 1342 16 USC 1901 et seq.
Requires all mining claims within national park system boundaries to be recorded with the Secretary of the Interior; any claim not recorded is presumed abandoned and void. Gives the National Park Service specific authority to regulate mining activities associated with valid existing mining claims in order to protect park resources.
National Environmental Policy Act of 1969, PL 91-190, 83 Stat. 852, 42 USC 4321 et seq.; 40 CFR Parts 1500-1508
Mandates that federal agencies assess the environmental effects of a proposed action and engage the public in the analyses of environmental impacts before making decisions affecting the human environment. Requires that federal agencies "utilize a systematic interdisciplinary approach" to ensure the integrated use of resource information in federal decision-making affecting the environment, and that they complete all analyses, public input, and NEPA documentation in time to aid decision-making. Stipulates that initiating or completing environmental analysis after making a decision, whether formally or informally, violates both the spirit and the letter
The Council on Environmental Quality (CEQ) was established to oversee implementation of the act. CEQ NEPA regulations were published in 1978 (40 CFR Parts 1500-1508) and apply to all federal agencies, requiring each agency to "implement procedures to make the NEPA process more useful to agency decision-makers and the public" (40 CFR 1500.2). Agencies must review and update their regulations as necessary. In 1981 CEQ also published a guidance document titled "Forty Most Asked Questions Concerning CEQ's NEPA Regulations" (46 FR 18026). DO #12, along with The DO-12 Handbook (NPS 2001a, 2001b), is the National Park Service's guidance on implementing NEPA.
The NEPA process constitutes an essential component of conservation planning and resource management through the integration of scientific and technical information into management decisions. In order to be effective, agencies cannot fulfill NEPA compliance by conducting an after-the-fact "compliance" effort. A well-crafted NEPA analysis provides useful information about the environmental pros and cons (i.e. impacts) of a variety of reasonable choices (alternatives), similar to an economic cost-benefit analysis, technical planning, or logistical planning. It remains an essential prelude to the effective management of park resources.
NEPA represents a procedural or process-oriented statute rather than a substantive or substance-oriented statute. Other substantive laws may prevent an agency from taking action or components of an action which have "too great" an impact on a particular resource. Within the NPS, the process of environmental analysis under NEPA provides the needed information to make substantive decisions for the long-term conservation of resources.
NEPA has a broad reach. NEPA is triggered whenever there is a major federal action, regardless of who proposes the action (NPS, private individuals, federal agencies, states, or local governments) or whether the action could impact the human environment. Even though the CEQ regulations give less emphasis to the socioeconomic environment than the physical or natural environment, the NPS considers the socioeconomic environment as an integral part of the human environment. Consequently, NPS will do NEPA analysis even if the impacts remain primarily socioeconomic, including potential impacts on minority and low-income communities (see Executive Order 12948, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations").
The National Park Service undertakes its environmental analyses in a number of ways. When the NPS considers taking a "major federal action", it prepares an EA to assess the impacts of the proposed operation and to determine if the NPS must prepare an EIS. If, based on the EA's analysis and public comments, the NPS determines that the proposed action would not significantly affect the human environment, the NPS would prepare a FONSI. Conversely, if NPS determines the proposed action would likely cause significant affects on the human environment, then it prepares an EIS. The NPS may prepare an EIS without first preparing an EA if the action will likely cause significant environmental impacts. If the proposal has been previously analyzed in site-specific detail, a "memo to files" may be prepared. Some actions or types of proposals fall under a NEPA "categorical exclusion" (CE). A categorical exclusion is used where the proposal meets specific criteria defined under Department of the Interior regulations and NPS DO #12, for activities that do not have the potential for measurable impacts on park resources.
National Flood Insurance Act of 1968, PL 90-448, 82 Stat. 572, 42 USC 4001 et seq., as amended
Establishes a national flood insurance program, encouraging state and local governments to institute planning and land use programs to help reduce damage in flood risk areas, and ensuring that federal actions, including licensing and permitting, are coordinated with these efforts. Executive Orders 11988 and 11990 direct the Water Resources Council to prepare guidelines for federal agencies, which it did February 10, 1978. The Department of the Interior issued guidelines in 520 DM on June 20, 1979. The National Park Service published final procedures May 28, 1980 (45 FR 35916), which were amended August 23, 1982 (47 FR 36718). The National Park Service is guided by DO #77-2: Floodplain Management (approved Sept. 8, 2003) and accompanying Procedural Manual 77-2 and DO #77-1: Wetland Protection (reissued Oct. 30, 2002) and Procedural Manual 77-1.
National Historic Preservation Act of 1966, as amended, PL 89-665, 80 Stat. 915; 16 USC 470 et seq.; 36 CFR 18, 60 61, 63, 68, 79, 800
Declares a national policy of historic preservation, including the encouragement of preservation on the federal, state, tribal, local, and private levels; authorizes the Secretary of the Interior to expand and maintain a National Register of Historic Places, including properties of state and local as well as national significance; authorizes matching federal grants to the states and the National Trust for Historic Preservation for surveys and planning and for acquiring and developing national register properties; establishes the Advisory Council on Historic Preservation; requires federal agencies to consider the effects of their undertakings on national register listed or eligible properties and to provide the advisory council opportunities to comment (sec. 106). Describes governmentwide federal agency historic preservation responsibilities (sec. 110) such as Executive Order 11593 requirements, giving national historic landmarks extra protection in federal project planning, and permitting federal agencies to lease historic properties and apply the proceeds to any national register properties under their administration. Describes the formal roles in the national historic preservation partnership for local governments (i.e., through as certified local governments), for states (through state historic preservation officers), and for tribes (i.e., through tribal historic preservation officers). Defines, among other things, federal undertakings, addresses "anticipatory demolition," emphasizes the interests and involvement of Native Americans and Native Hawaiians, and describes when it is appropriate to withhold information about the location of cultural resources.
Section 106 of the Act requires federal agencies to consider the effects of their undertakings on historic properties that are included in or eligible for inclusion in the National Register of Historic Places. The Advisory Council on Historic Preservation has prepared regulations to implement section 106.
Section 110 of the Act outlines the historic preservation responsibilities of federal agencies. These standards and guidelines for federal preservation programs are designed to help federal agencies meet their responsibilities to integrate historic preservation into their ongoing programs, in keeping with the broad section 110 mandate.
Important guidance for implementing major portions of this act is in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation and Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act.
National Park Service Concession Management Improvement Act of 1998, PL 105-391, 16 USC 5901, 5951 et seq.
Directs the Secretary of the Interior to "utilize concessions contracts to authorize a person, corporation, or other entities to provide accommodations, facilities and services to visitors to units of the National Park System." Requires concessions contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. Proposals for the concession contract must be publicly solicited and requires Congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or a duration of more than ten years.
Prohibits the Secretary from granting a "preferential right of renewal" to a concessionaire unless it falls into an exception. Allows the Secretary, without public solicitation, to award a temporary concessions contract, an extension in order to avoid interruption of services, or a concessions contract in extraordinary circumstances. This act also establishes duration limits and franchise fees, protection of concessionaire investments, requires approval of Secretary for transfer of contracts, and creates the National Park Service Concessions Management Advisory Board This act also repeals the National Park Service Concessions Policy Act.
National Park Service Omnibus Management Act of 1998, PL 105-391, 112 Stat. 3497, 16 USC 5901 et seq., 5991
Requires the Secretary of Interior to continually improve the National Park Service's ability to provide management, protection and interpretation of national park system resources. Directs the National Park Service to manage national park system units by employing high-quality science and information; to inventory the system's resources to create baseline information so that future data can be monitored and analyzed to determine trends in the resources' conditions; and to use the results of the scientific studies for park management.
National Park System Concessions Policy Act, PL 89-249, 79 Stat. 969, 16 USC 20 et seq., Repealed by PL 105-391, 112 Stat. 3515
Requires that public accommodations/facilities/services in national park system areas be provided only under carefully controlled safeguards to protect against despoliation. Limits development to those areas that are necessary and appropriate for public use and enjoyment and that are consistent to the highest practicable degree with the preservation and conservation of the areas. Must afford the concessioner a reasonable opportunity to make a profit. Also includes protection against loss of investment in tangible property, comparable rates to be charged, preferential right to provide new or additional accommodations, possessory interest in improvements on land owned by the federal government, and record-keeping.
National Park System General Authorities Act (Act to Improve the Adminis-tration of the National Park System, August 18, 1970); PL 91-383, 84 Stat. 825, as amended by PL 94-458, PL 95-250, and PL 95-625; 16 USC 1a-1 et seq.
Affirms that while all national park system units remain "distinct in character," they are "united through their interrelated purposes and resources into one national park system as cumulative expressions of a single national heritage." Clarifies the authorities applicable to the system. Makes it clear that the NPS Organic Act and other protective mandates apply equally to all units of the system. States that NPS management of park units shall not be exercised in "derogation of the values and purposes for which these various areas have been established."
National Park System New Areas Studies Act, PL 105-391, 112 Stat. 3501, 16 USC 1, 1a-5
Amends the National Park System General Authorities act by reforming the process that is used to consider areas to add to the national park system. Directs the Secretary of the Interior to submit to Congress a list of areas recommended for study for potential inclusion in the system. Outlines factors to be included in such studies, including whether an area possesses nationally significant natural or cultural resources. Prohibits any such study from being initiated after this act's enactment, except with congressional authorization. Requires each such study to be completed within three years after funds are made available for it. Directs the secretary to submit to specified congressional committees lists of areas previously studied that contain primarily historical or natural resources, in numerical order of priority for addition to the NPS.
National Parks Air Tour Management Act of 2000, PL 106-181, 114 Stat. 186, 49 USC 40128
Prohibits commercial air tour operators from conducting commercial air tour operations over a national park or tribal lands except in accordance with this act, in accordance with conditions and limitations prescribed for that operator by the administrator of the Federal Aviation Administration, and in accordance with any applicable air tour management plan for the park or tribal lands. Gives details on how above conditions should be met by the Federal Aviation Administration and the National Park Service. Does not apply to Grand Canyon National Park, the tribal lands surrounding Grand Canyon National Park, or Lake Mead National Recreation Area if an operator is flying over as part of a transportation route to Grand Canyon National Park.
National Parks and Recreation Act, November 10, 1978, PL 95-625, 92 Stat. 3467; 16 USC 1 et seq.
Established eight new river designations, authorized 17 river studies, and improved management procedures for rivers program; raised acquisition ceilings in 29 units and development ceilings in 34; adjusted boundaries for 39 units; added wilderness areas; tripled size of national trails system; added 12 new national park system units; and authorized studies for eight more. Also authorized moneys for Urban Recreation Recovery Programs, established a Pine Barrens Commission, purchased concession facilities at Yellowstone, and extended program for recovery of historic and archeological data. Requires the Secretary of the Interior to review all federal lands proposed for sale or disposal to ensure values for recreation is considered. Requires the National Park Service to prepare and revise general management plans in a timely manner for each unit. Requires GMPs to include resource protection measures; general development locations, timing, and costs; carrying capacity analyses; and boundary modifications.
National Parks Overflights Act of 1987, PL 100-91
Directs the National Park Service and the U.S. Forest Service to study the effects of aircraft overflights and report to Congress on the results. Also posed a number of questions to be addressed in the study, including: what is the nature and extent of the overflight problem in the national park system; what are other injurious effects on the natural, historical and cultural resources for which the units were established; what are the effects of overflights specifically on Yosemite and Haleakala national parks; has airspace been effectively managed at Grand Canyon NP; and what are the effects of overflights on visitor enjoyment and other park users such as hikers, rock-climbers and boaters. (The Report on the Effects of Aircraft Overflights on the National Park System was submitted to Congress in 1994 and published in 1995.)
National Trails System Act, PL 90-543, 82 Stat. 919, 16 USC 1241 et seq.
Establishes a national system of recreational, scenic, and historic trails and prescribes the methods and standards for adding components to the system.
National Trust Act of 1949, PL 81-408, 63 Stat. 927, 16 USC 468 et seq.
Facilitates public participation in the preservation of sites, buildings, and objects of national significance or interest. Creates the National Trust for Historic Preservation and empowers it to acquire and hold property for historic preservation purposes. Supported in part by NPS-administered funds.
National Wildlife Refuge System Administration Act of 1966, PL 89-669, 80 Stat. 927, 16 USC 668dd-ee
Establishes the national wildlife refuge system and preserves fish and wildlife species and their habitat, particularly those species threatened with extinction. (Precursor to the Endangered Species Act.)
Native American Grave Protection and Repatriation Act, PL 101-601, 104 Stat. 3048, 25 USC 3001-3013; 43 CFR 10
Assigns ownership or control of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony that are excavated or discovered on federal lands or tribal lands after passage of the act to lineal descendants or culturally affiliated Native American groups; establishes criminal penalties for trafficking in remains or objects obtained in violation of the act; provides that federal agencies and museums that receive federal funding shall inventory Native American human remains and associated funerary objects in their possession or control and identify their cultural and geographical affiliations within five years, and prepare summaries of information about Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony. Provides for the repatriation of such items when lineal descendants or Native American groups request it.
Negotiated Rulemaking Act of 1990, PL 101-648, 104 Stat. 4970, 5 USC 561 et seq.
Improves the Federal regulatory process by formalizing regulatory negotiation. Establishes a framework for the conduct of negotiated rulemaking by federal agencies to encourage agencies to use the process when it enhances the informal rulemaking process." The practice of regulatory negotiation can be divided into 4 phases: (1) the initial determination of whether regulatory negotiation should be used in a particular rulemaking; (2) the establishment of a negotiated rulemaking committee, (3) the actual negotiations between representatives of the affected interests in order to reach a consensus, and (4) publication of the consensus (if reached) as the proposed rule for notice and comment pursuant to the Administrative Procedure Act.
Noise Control Act of 1972, as amended, PL 92-574, 86 Stat. 1234, 42 USC 4901 et seq.
Sets standards and procedures for limiting noise that jeopardizes Americans' health and welfare. Requires publication of information on limits of noise required to protect public health and welfare, Authorizes the Office of Noise Abatement within the Environmental Protection Agency to specify noise limits for products distributed in commerce.
NPS Organic Act, Act of August 25, 1916, PL 64-235, 39 Stat. 535, 16 USC 1 et seq., as amended
Establishes the National Park Service, allows for the administration of Yellowstone and Sequoia national parks, and provides for criminal penalties if certain infractions occur.
The Service thus established shall promote and regulate the use of the Federal areas known as National Parks, Monuments, and Reservations . . . by such means and measures as to conform to the fundamental purpose of the said Parks, Monuments, and Reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
Authorizes the secretary of the interior to make rules and regulations for the use and administration of national park system areas. Allows the sale and disposal of timber under certain conditions, and the destruction of animal and plant life detrimental to the use of the park. Allows concessioners to be granted leases, and livestock grazing permits to be issued if not detrimental to the area, except there is to be no grazing in Yellowstone.
Outdoor Recreation Coordination Act of 1963, PL 88-29, 77 Stat. 49, 16 USC 460l to 460l-4
Promotes the coordination and development of effective outdoor recreation programs. Authorizes the Secretary of the Interior to inventory, classify, and develop a nationwide plan for outdoor recreation needs and resources. Also provides for technical assistance, regional, and interdepartmental cooperation, research and education, and acceptance of donations.
Outer Continental Shelf Lands Act, PL Chapter 345, 67 Stat. 462, 43 USC 1331 et seq.; Outer Continental Shelf Lands Act Amendments of 1978, PL 95-372, 92 Stat. 630, 43 USC 1801 et seq.
Sets policies and procedures for managing oil and gas resources of the Outer Continental Shelf, including the issuance of mineral leases. Requires the lessee, prior to development, to submit a development and production plan to the Secretary for approval. Authorizes a license or permit to both be granted without concurrence by the affected state if the plan is consistent with its approved coastal zone management program.
1987 Amendments: Create the Offshore Oil Pollution Compensation fund to pay for the removal of oil spilled or discharged as a result of activities on the Outer Continental Shelf. Allows public entities, such as the National Park Service, to file claims against the fund to recover cleanup costs.
Park System Resource Protection Act, PL 101-337, 104 Stat. 379, 16 USC 19jj et seq.
Establishes liability for any person who destroys, causes loss of, or injures any park system resource; if finding of damage to resource, or absent response, damage would have occurred, allows the commencement of civil action to recover damages; requires undertaking of all necessary actions to prevent/minimize destruction; requires assessment/monitoring of damages; allows response costs and damages recovered may only be used to reimburse response costs or to restore/replace/acquire equivalent of resources damaged; requires annual report to Congress on funds expended pursuant to act; authorizes acceptance of donations.
Parks, Parkways, and Recreational Programs Act, June 23, 1936, 49 Stat. 1894, 16 USC 17k-n
Directs the Secretary of the Interior to study public park, parkway, and recreational area programs; aid states in planning; and allows states to negotiate and enter into compacts or agreements on planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area.
Payment in Lieu of Taxes Act, PL 94-565, 90 Stat. 2662, 31 USC 6901 et seq.
Provides for payments to local governments based on the acreage and population within the boundaries of the locality.
Public Buildings Cooperative Use Act of 1976, PL 94-541, 90 Stat. 2507, 42 USC 4151-4156
Requires the general Services Administration to acquire and use space to accommodate federal agencies in buildings of architectural or cultural significance where feasible. Amended the Architectural Barriers Act on accessibility.
Rehabilitation Act of 1973, PL 93-112, 87 Stat. 355, 29 USC 701 et seq., as amended by the Rehabilitation Act Amendments of 1974, PL 93-516, 88 Stat. 1617
Sets forth a broad range of services and basic civil rights for handicapped individuals. Establishes the architectural and transportation barriers compliance board to ensure compliance with standards set by GSA and other federal agencies. Contains data-gathering and reporting requirements. Prohibits discrimination (section 504) against persons with visual, hearing, mobility, and mental impairments.
Reorganization Act of March 3, 1933, 47 Stat. 1517
Reorganized the executive branch of the government, and through Executive Orders 6166 and 6228 (5 USC 124-132) transferred to the Department of the Interior for administration by the National Park Service the national memorials and parks of the nation's capital, national monuments, historical and military parks administered by other federal agencies. The number of units in the national park system virtually doubled overnight.
Reservoir Salvage Act of 1960, PL 86-523, 74 Stat. 220, 16 USC 469-469c
Provides for the recovery and preservation of historical and archeological data (including relics and specimens) that might be lost or destroyed in the construction of dams and reservoirs.
Resource Conservation and Recovery Act of 1976, PL 94-580, 90 Stat. 2796, 42 USC 6901 et seq.
Governs the disposal of hazardous and/or solid waste, including landfills (NPS Staff Directive 76-20). Establishes guidelines for the collection, transport, separation, recovery, and disposal of solid waste. Creates a major federal hazardous waste regulatory program. Provides assistance to establish state or regional solid waste plans.
Revised Statute 2477, Right-of-Way across Public Lands, Act of July 26, 1866, 43 USC 932 (1976), repealed by the Federal Land Policy and Management Act, Sec. 706(a), October 21, 1976
Granted a right-of-way across public lands for all lands not otherwise withdrawn by the federal government. Based on state laws, applied mainly to Alaska and Utah. (NPS is developing guidelines to guide in processing RS 2477 right-of-way assertions.)
Rivers and Harbors Appropriation Act of 1899, 33 USC Chapter 425, 30 Stat. 1150, as amended by PL 97-332, 96 Stat. 1582, and PL 97-449, 96 Stat. 2440, 33 USC 401 et seq.
Establishes the Army Corps of Engineers' regulatory authority over U.S. navigable waters. Establishes permit requirements for the construction of bridges, causeways, dams, or dikes within or over navigable waters of the United States. (Bridge and causeway construction is regulated by the secretary of transportation, while dam and dike permits are reviewed by the Corps of Engineers.) §10: requires a Corps permit for the construction of any "obstruction of navigable waters" of the U.S., and for any excavation, fill, or other modification to various types of navigable waters. §13: requires a Corps permit for the discharge of refuse of any kind (except liquid from sewers or urban runoff) from land or vessel, into the navigable U.S. waters or into their tributaries. Similarly prohibits the discharge of refuse upon the banks of navigable waters or their tributaries where the refuse could be washed into the water.
Safe Drinking Water Act, PL 93-523, 88 Stat. 1660, 42 USC 300f et seq., 42 USC 201, and 21 USC 349
Directs the Environmental Protection Agency to publish and enforce regulations for the maximum allowable contaminant levels in drinking water. Establishes the mechanism of national drinking water standards. Regulates the underground injection of wastes and other materials.
Soil and Water Resources Conservation Act of 1977, PL 95-192, 91 Stat. 1407, 16 USC 2001 et seq.
Requires appraisal by Secretary of Agriculture of information and expertise on the conservation and use of soils, plants,
Surface Mining Control and Reclamation Act of 1977, PL 95-87, 91 Stat. 447, 30 USC 1201 et seq.
Establishes a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations. Requires the Department of the Interior to issue regulations covering performance standards for protection of the environment and public health and safety, permit application, and bonding requirements for surface coal mining and reclamation operations; procedures for preparation, submission, and approval of state programs to control mining and reclamation; and development and implementation of a federal program for any state that does not develop an acceptable program.
Surface Resources Use Act of 1955, PL Chapter 375, 69 Stat. 367, 30 USC 601 et seq.
Prohibits persons from using the surface of unpatented mining claims for anything but mining. Provides that claimants of patented mining claims may use the surface of the claim only for purposes related to mining activity. Claimants may occupy and use resources on the claim only for prospecting and mining. Claimants also may not sell the surface resources (timber, sand, gravel, etc.) for an unpatented claim.
Surface Transportation Assistance Act of 1982, PL 97-424, 96 Stat. 2115, 2135, 23 USC 101 et seq. and many others
Establishes a Federal Lands Highway Program, placing upon the Secretary of Transportation the oversight and coordinating responsibility for federal lands highways to ensure that such highways are treated under similar uniform policies, including conformity to highway design, construction, maintenance, and safety standards adopted for park roads and parkways.
Tax Reform Act of 1976, PL 94-455, 90 Stat. 1916, 26 USC 191, Repealed by PL 97-34, 95 Stat. 239
Provided tax incentives to encourage the preservation of commercial historic structures, including those operated by park concessioners. World Heritage Convention, 1980, PL 96-515, 94 Stat. 3000 Title IV of National Historic Preservation Act Amendments directs the Secretary of the Interior to nominate properties of international significance to the World Heritage List; requires federal agencies to consider the effects of their undertakings on properties outside the United States on the World Heritage List or on the applicable countries' equivalents of the National Register of Historic Places. See also "Historic Preservation Certifications Pursuant to the Tax Act of 1976" in section M.3.
Toxic Substances Control Act, PL 94-469, 90 Stat. 2003, 15 USC 2601 et seq.
Governs the manufacture, transport, and distribution of chemical substances that may be potentially harmful. Directs the Environmental Protection Agency to inventory all chemical substances in commerce, to require pre-manufacture notice of all new chemical substances, to gather available information about the toxicities of particular chemical and exposures, to require industry testing under certain circumstances where data are insufficient, and to assess whether unreasonable risks to human health or the environment are involved.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, PL 91-646, 84 Stat. 1894, 42 USC 4601 et seq.
Establishes policies for the treatment of persons displaced as a result of federal and federally assisted programs, especially those concerning land acquisition. Requires the responsible agency to reimburse displaced persons for moving and other expenses,
as well as providing additional funds for other related expenses and establishes a policy on the acquisition of real property by
Urban Park and Recreation Recovery Act of 1978, PL 95-625, 92 Stat. 3538, 16 USC 2501 et seq.
Authorizes the Secretary of the Interior to establish an urban park and recreation recovery program to provide federal grants to economically hard-pressed communities specifically for the rehabilitation of critically needed recreation areas, facilities, and the development of improved recreation programs. Intended to complement existing federal programs such as the Land and Water Conservation Fund and Community Development Grant Programs. Improves and expands recreation facilities and services in urban areas with high incidences of crime and helps deter crime through expansion of recreation opportunities for at-risk youth.
Water Resources Planning Act of 1965 (PL 89-80, 79 Stat. 244, 42 USC 1962 et seq.) and Water Resource Council's Principles and Standards, 44 FR 723977
States a national policy "to encourage the conservation, development, and utilization of water and related land resources on a comprehensive and coordinated basis by the federal government, states, localities, and private enterprises with the cooperation of all affected federal agencies, states, local governments, individuals, corporations, business enterprises, and others concerned." Establishes the Water Resources Council, which has the responsibility to assess the adequacy of water supplies, study the administration of water resources, and develop principles, standards, and procedures for federal participants in the preparation of comprehensive regional or river basin plans. Establishes the framework for state and federal cooperation through a series of river basin commissions. (WRC principles and standards for planning water and related land resources have been revised to achieve national economic development and environmental quality objectives.)
Watershed Protection and Flood Prevention Act, 68 Stat. 666, as amended by PL 92-419, 86 Stat. 667, 16 USC 1001
Authorizes the Secretary of the Interior to cooperate with state and local governments, including soil and water conservation districts and flood control districts, in planning and analyzing trends in flood protection and watershed conservation activities and facilities.
The Secretary is to be consulted about such proposed "works of improvement," with regard to activities or facilities that may affect DOI lands.
Wild and Scenic Rivers Act, as amended, PL 90-542, 82 Stat. 906, 16 USC 1271 et seq.
Establishes a system of areas distinct from the traditional park concept to ensure the protection of the river's environment. Preserves certain selected rivers that possess outstanding scenic, recreational, geological, cultural, or historic values, and maintains their free-flowing condition for future generations.
Wilderness Act, PL 88-577, 78 Stat. 890, 16 USC 1131 et seq.
Establishes a policy for the enduring protection of wilderness resources for public use and enjoyment. Establishes a national wilderness preservation system to be composed of federally owned areas designated as wilderness areas. Directs Secretaries of the Interior and Agriculture to study all roadless areas of 5,000 or more acres and every roadless island (regardless of size) as to suitability for inclusion in the wilderness system.
Wildfire Disaster Recovery Act of 1989, PL 101-286, 104 Stat. 171, 16 USC 18i, 551, 551c, 558c, and 43 USC 1737
Establishes a National Commission on Wildfire Disasters; requires the study of wildfire effects; requires recommendation for smooth/timely transition; requires recommendations for future NPS, BLM, FS redevelopment activities/programs. Requires a report on rehabilitation needs from fire damage; requires the Departments of the Interior and Agriculture to offer annual forest fire suppression training programs to volunteers if needed; requires mobilization plans and pre-suppression needs information; amends Volunteers in Forest, Volunteers in Park, and Federal Land Management Policy Acts (BLM) to protect volunteers from damage claims.