U.S Department of the Interior, National Park Service
GMP Dynamic Sourcebook, version 2.1, March 2008, Appendix M: Annotated List of Applicable Laws, Executive Orders, and Policies Fall colors along the Blue Ridge Parkway, North Carolina / Virginia
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M.2 Executive Orders

For online references to these executive orders:

  • 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.
  • For laws on cultural and historic resources, the NPS Cultural Resource Program has a web page with links to the laws. The web page is titled Laws, Executive Orders & Regulations. The NPS Archeology Program also has descriptions of laws pertaining to this subject.
  • Laws and executive orders on natural resources can be found on the Natural Resource Reference Desk web page. Another useful resource is the Laws and Regulations web page.
  • Laws regarding access (disabilities)
  • Laws and regulations on commercial services and concessions in parks can be found on the NPS Concessions website and on the NPS intranet site. (This intranet website is only available to computers within the National Park Service network.)
  • All NPS employees have access to the Department of Interior library. Click on "Electronic Resources." From there one can access the U.S. Congressional Serial Set database, the Hein Online database (which includes the U.S. Statutes at Large library, the U.S. Congressional Documents library), the LexisNexis Congressional Hearings Digital Collection and the Congressional Research Digital Collection.
  • The Library of Congress Thomas web page provides information on current legislation. Full text for all bills and laws passed from the 101st Congress (1989) to date is available.
  • Presidential executive orders

 

Executive Order 11514: Protection and Enhancement of Environmental Quality, 35 FR 4247, as amended by EO 11991, 42 FR 26967
Declares that the federal government "will provide leadership in protecting and enhancing the quality of the Nation’s environment to sustain and enrich human life. Federal agencies shall initiate measures needed to direct their policies, plans, and programs so as to meet environmental goals." Requires CEQ to issue regulations to federal agencies concerning the implementation of the procedural as well as substantive provisions of NEPA. Strengthens CEQ’s power by requiring agencies to comply with their regulations.

Executive Order 11593: Protection and Enhancement of the Cultural Environment (May 13, 1971), 36 FR 8921
Instructs all Federal agencies to support the preservation of cultural properties; directs them to identify and nominate to the National Register of Historic Places cultural properties under their jurisdiction and to "exercise caution... to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished, or substantially altered." Much of EO 11593 has been codified in section 110 of the National Historic Preservation Act, as amended (see M.1. Federal Laws).

Executive Order 11644: Use of Off-Road Vehicles on the Public Lands
States that such vehicles, while often used for legitimate purposes are frequently in conflict with wise land use and resource management practices, environmental values, and other types of recreation activities. The order establishes a uniform federal policy to ensure that use of off-road vehicles on public lands are controlled and directed to protect resources, promote safety of all users of those lands and to minimize conflicts among users. Areas and trails shall be located in units of the national park system only if the agency head determines that such use in those areas will not adversely affect their natural, aesthetic or scenic values.

Executive Order 11987: Exotic Organisms, 42 FR 26949, Revoked by Executive Order 13112
Restricted the introduction of organisms into the United States that are not part of its natural ecosystem.

Executive Order 11988: Floodplain Management, 42 FR 26951, 3 CFR 121 (Supp. 1977)
Requires federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modifications of floodplains, and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative. Floodplains that are subject to regulation by the executive order and NPS DO #77-2: Floodplain Management and accompanying Procedural Manual 77-2 include the 100-year, 500-year and extreme floodplains. Directs all federal agencies to avoid, if possible, development and other activities in the 100-year (or base) floodplain. Requires that existing structures or facilities in such areas and needing rehabilitation, restoration, or replacement be subject to the same scrutiny as new facilities or structures. (In the case of historic structures, this scrutiny will be but one factor in determining their preservation.) Prohibits locating highly significant and irreplaceable records, historic objects, structures, or other cultural resources in the 500-year floodplain. Also prohibits any critical actions (actions for which even a slight risk is too great, such as clinics, hazardous materials storage, major fuel storage facilities, and 40,000 gpd or larger sewage treatment facilities) from occurring in the 500-year floodplain.

Executive Orders 11989 (42 FR 26959) and 11644 (37 FR 2877): Offroad Vehicles on Public Lands
Promulgates guidelines for the controlled use of off-road vehicles on public lands. The executive orders define off-road vehicles as:
"any motorized vehicle that is capable of cross country travel over snow, ice or other natural terrain ...the widespread use of such vehicles has demonstrated the need for a unified federal policy…that will ensure that the use of off-road vehicles on public lands will be controlled and directed so as to protect the resources of these lands, to promote the safety of all users and to minimize the conflicts among the various users of those lands." - scroll down to bottom for next revision

Executive Order 11990: Protection of Wetlands, 42 FR 26961, 3 CFR 121 (Supp. 1977)
Requires federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the
destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.

Executive Order 12003: Energy Policy and Conservation, 3 CFR 134 (Supp. 1977), 42 USC 6201
Requires all agencies to submit an overall energy conservation plan, with a goal of 20% savings in 1985 compared to 1975. For new buildings, the goal is 45% savings. Applies to government-owned buildings assigned to the concessioners and "concession-owned" buildings if they are office buildings, hospitals, schools, prison facilities, multi-family dwellings, or storage facilities.

Executive Order 12088: Federal Compliance with Pollution Control Standards
Establishes procedures and responsibilities to ensure that all necessary actions are taken to prevent, control, and abate environmental pollution from federal facilities and activities.

Executive Order 12372: Intergovernmental Review of Federal Programs, 47 FR 30959
Requires federal agencies to communicate with state and local officials as early in the planning process as is feasible to explain plans and actions (sec. 2(b)).

Executive Order 12898: General Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations

Requires all federal agencies to incorporate environmental justice into their missions by identifying and addressing
disproportionately high and adverse human health or environmental effects of their programs and policies on minorities and low income populations / communities.

Executive Order 13006: Locating Federal Facilities on Historic Properties in our Nation’s Central Cities (1996)
Encourages federal agencies, where operationally appropriate and economically prudent, to give consideration to historic properties and historic districts when locating federal facilities in central cities.

Executive Order 13007: Indian Sacred Sites, 61 FR 26771 (1996)
Accommodates access to and ceremonial use of Indian sacred sites by Indian religious practitioners and avoids adversely affecting the physical integrity of such sacred sites to the extent practicable, permitted, and consistent with essential agency functions. If a federal action may affect the physical integrity of, the ceremonial use of, or the access to these sites by Native American religious practitioners in federally recognized tribes, then requires the superintendent to consult with the tribe as part of the planning and approval process.

Executive Order 13089: Coral Reef Protection, 63 FR 32701
Seeks to preserve and protect the biodiversity, health, heritage, and social and economic value of U.S. coral reef ecosystems and the marine environment. Directs federal agencies to identify actions that may affect coral reef ecosystems, utilize programs and authorities to protect and enhance the conditions of ecosystems, and ensure that actions will not degrade the conditions of such ecosystems. Provides further agency duties if the agency’s actions affect the coral reef ecosystems. Creates the U.S. Coral Reef Task Force and outlines the duties of the task force.

Executive Order 13112: Invasive Species, 64 FR 6183
Seeks to prevent the introduction of invasive species, to provide for their control, and to minimize the economic, ecological, and human health impacts they cause. Outlines federal agency duties, creates a new Invasive Species Council, defines the council’s duties, and authorizes the creation an Invasive Species Management Plan. Creates a framework for planning and for coordination involving all stakeholders, which it defines as states, tribal entities, local government agencies, academic institutions, scientific communities, and non-governmental entities such as environmental groups, agricultural groups, conservation organizations, trade groups, commercial interests, and private landowners.

Federal agencies should use the programs and authorities to prevent the introduction of invasive species; detect and respond rapidly to control populations of such species in a cost-effective and an environmentally sound manner; monitor invasive species populations accurately and reliably; provide for restoration of native species and habitat conditions in invaded ecosystems; conduct research on invasive species and develop technologies to prevent their introduction; provide environmentally sound control of invasive species; promote public education on invasive species and means to address them.

The order directs agencies not to authorize, fund, or carry out any action likely to cause or promote the introduction or the spread of invasive species in the United States or elsewhere. However, agencies can determine that the benefits outweigh the potential harm and ensure that they take prudent measures to minimize harm. Federal agencies should consult with the Invasive Species Council and undertake actions consistent with the Invasive Species Management Plan with the cooperation of stakeholders.

Executive Order 13158: Marine Protected Areas, 65 FR 34909
Consistent with domestic and international law: (a) strengthens the management, protection, and conservation of existing marine protected areas and establish new or expanded marine protected areas (MPAs); (b) develops a scientifically based, comprehensive national system of MPAs representing diverse U.S. marine ecosystems, and the Nation’s natural and cultural resources; and (c) avoids causing harm to MPAs through federally conducted, approved, or funded activities.

Executive Order 13175: Consultation and Coordination with Indian Tribal Governments (2000)
Emphasizes the necessity for federal agencies to establish regular and meaningful collaboration with tribal officials in the development of federal policies with tribal implications, and to work with Indian tribes on a government-to-government basis in ways that are consistent with fundamental principles of tribal sovereignty. See also EO 13007.

Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, 66 FR 3853
Defines federal agency responsibilities to protect migratory bird populations, in furtherance of the purposes of the migratory bird conventions, the Migratory Bird Treaty Act (16 USC 703-711), the Bald and Golden Eagle Protection Acts (16 USC 668-668d), the Fish and Wildlife Coordination Act (16 USC 661-666c), the Endangered Species Act of 1973 (16 USC 1531-1544), the National Environmental Policy Act of 1969 (42 USC 4321-4347), and other pertinent statutes. Directs each federal agency taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations to develop and implement, within two years, a memorandum of understanding with the Fish and Wildlife Service that shall promote the conservation of migratory bird populations.

Executive Order 13352: Facilitation of Cooperative Conservation, 69 FR 52989
Seeks to ensure that laws relating to the environment and natural resources are implemented "in a manner that promotes cooperative conservation, with an emphasis on appropriate inclusion of local participation in Federal decision making." Directs the Secretary of the Interior to implement laws in a way that: "(i) facilitates cooperative conservation; (ii) takes appropriate account of and respects the interests of persons with ownership or other legally recognized interests in land and other natural resources; (iii) properly accommodates local participation in Federal decision making; and (iv) provides that the programs, projects, and activities are consistent with protecting public health and safety."

Executive Orders 11989 (42 FR 26959) and 11644 (37 FR 2877): Offroad Vehicles on Public Lands
Promulgates guidelines for the controlled use of off-road vehicles on public lands. The executive orders define off-road vehicles as: "any motorized vehicle that is capable of cross country travel over snow, ice or other natural terrain ...the widespread use of such vehicles has demonstrated the need for a unified federal policy…that will ensure that the use of off-road vehicles on public lands will be controlled and directed so as to protect the resources of these lands, to promote the safety of all users and to minimize the conflicts among the various users of those lands."

Executive Order 13423 (72 FR 3919): Strengthening Federal Environmental, Energy, and Transportation Management
The order sets goals in the areas of energy efficiency, acquisition, renewable energy, toxics reductions, recycling, renewable energy, sustainable buildings, electronics stewardship, fleets, and water conservation. In addition, the order requires more widespread use of environmental management systems as the framework in which to manage and continually improve these sustainable practices.

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