LAWS AFFECTING THE NATIONAL PARK SERVICE - Legal Citations

Act of June 30, 1864, 13 Stat. 325, 16 USC §48

• Authorized a grant to California for the "Yo-Semite 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 March 1, 1872, 17 Stat. 32, 16 USC §21 et seq.

• Set 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 reserved and withdrawn from settlement, occupancy or sale under the laws of the United States and dedicated and set apart as a public park or pleasuring ground for the benefit and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 spoilation, of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition.

Lacey Act of 1900, as amended by P.L. 97-79, 18 USC §§42-44, Title 50 CFR

• One of first federal wildlife laws to outlaw interstate traffic in illegally killed birds and other animals and was aimed at the "pot hunter," who killed large amounts of wildlife for sale. Is a federal tool to aid 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. The act gives authority, in addition to CFR regulations, to park superintendents and the U.S. Attorney to prosecute criminal or civil violations involving the taking of fish, wildlife, and rare plants in park units.

Act of August 25, 1916 (National Park Service Organic Act), P.L. 64-235, 16 USC §1 et seq. as amended

• Establishes the National Park Service, allows for 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.
  
  Authorized the Secretary of Interior to make rules and regulations for the use and administration of NPS areas. Sale and disposal of timber under certain conditions was allowed, as was destruction of animal and plant life detrimental to the use of the park. Concessioners could be granted leases, and livestock grazing permits could be issued if not detrimental to the area, except there was to be no grazing in Yellowstone.

Act of June 5, 1920, 41 Stat. 917, 16 USC §6

• Prior to 1920 all parks and monuments were established from the public domain. With this Act Congress began to formulate new policy. The Secretary of Interior was authorized 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 February 21, 1925, 43 Stat. 958, (temporary act, not classified)

• This act extended policy direction initiated in 1920 further. The act provided for . . . securing lands in the southern Appalachian Mountains and Mammoth Cave regions of Kentucky for perpetual preservation as National Parks.This act led to the authorization of Great Smokies, Mammoth Cave, and Shenandoah National Parks.

Act of May 26, 1930, 16 USC §17-17j

• Authorizes purchases of equipment and supplies, contracts for services and accommodations, temporary care and removal of indigents from parks, reimburse employees for losses, hire and purchase work animals and property, and to pay employee travel expenses.

Reorganization Act of March 3, 1933, 47 Stat. 1517

• This act reorganized the executive branch of the government. From this came Executive Orders 6166 and 6228 (5 USC §§ 124-132). These orders transferred to Interior for administration by NPS 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 NPS virtually doubled overnight.

Parks, Parkways, and Recreational Programs Act, June 23, 1936, 49 Stat. 1894, 16 USC §§17k-n

• Directs secretary of 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.

Act of August 8, 1953, 16 USC §1b-1c

• Authorizes secretary of interior to render emergency rescue, fire fighting, 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 to Improve the Administration of the National Park System, August 18, 1970; P.L. 91-383, 84 Stat. 825, as amended by P.L. 94-458, P.L. 95-250, and P.L. 95-625; 16 USC § 1a1 et seq.

• With this act, Congress recognized that NPS had grown considerably and now included a great variety of natural, historic, and recreation areas in every major region of the US and its territories. The purpose of this act was to " . . . include all such areas in the System and to clarify the authorities applicable to the System." Authorizes administrative activities such as providing employee transportation, recreational facilities, purchasing special equipment for employees, provide air-conditioning in vehicles, etc. It also authorizes advisory committees regarding functions of NPS. Many of the provisions and authorities of this act were substantially amended by the General Authorities Act.

General Authorities Act, October 7, 1976, P.L. 94-458, 90 Stat. 1939, 16 USC §1a-1 et seq

• This act amends or repeals many provisions from previous acts and provides additional improvement and authorization for the administration of the NPS. This act is often considered mainly for its provisions clarifying law enforcement authority. The act 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. However, the act also addresses boating and other water regulations, meals and lodging, moving expenses for dependents, and uniform allowance. The act amends the Freedom of Information act in terms of exceptions. Requires the Secretary of Interior to transmit to Congress a detailed program for the development of facilities, structures, or buildings of each unit of the NPS consistent with general management plans no later than January 15 of each year. The act also requires NPS to investigate, study, and monitor areas of national significance. At the beginning of each fiscal year, NPS is required to submit to Congress a list of not less than 12 areas that appear to qualify for inclusion in NPS. 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."

Act amending the Act of October 2, 1968 (commonly called Redwoods Act), March 27, 1978, P.L. 95-250, 92 Stat. 163, 16 USC §§1a-1, 79a-q

• Primary purpose is to amend 1968 Redwood NP enabling legislation. However, 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.

  Primary purpose of amendment is to refocus and insure that the basis for decision-making concerned NPS continues to be the criteria provided by 16 USC § 1

  . . . to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.

  Senate Report No. 95-528 on S.1976 (this act) states on page 7:

  . . .the committee strongly endorses the Administration's proposed amendment to the Act of August 18, 1970, concerning the management of the National park System to refocus and insure that the basis for decisionmaking, concerning the System continues to be the criteria provided by 16 USC § 1--that is, "to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the sam in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." This restatement of these highest principles of management is also intended to serve as the basis for any judicial resolution of competing private and public values and interests in the areas surrounding Redwoods National Park and other areas of the National Park System.

National Parks and Recreation Act, November 10, 1978, P.L. 95-625, 92 Stat. 3467; 16 USC §1 et seq.

• Establishes 8 new river designations, 17 river studies, and improves management procedures for rivers program; raises acquisition ceilings in 29 units and development ceilings in 34; adjusts boundaries at 39 units; adds wilderness areas; triples size of National Trail System; adds 12 new NPS units and authorizes studies for 8 more. Also authorizes monies for Urban Recreation Recovery Programs, establishes a Pine Barrens Commission, purchases concession facilities at Yellowstone, extends program for recovery of historic and archeological data, and requires the secretary to review all federal lands proposed for sale or disposal to ensure values for recreation is considered. Requires NPS to prepare and revise general management plans in a timely manner for each NPS unit. GMPs must include resource protection measures; general development locations, timing, and costs; carrying capacity analyses; and boundary modifications.

Alaska National Interest Lands Conservation Act of 1980, P.L. 96-487, 94 Stat. 2371, 16 USC §3161 et seq

• Adds to or expands 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. Five national parks are established; three existing parks are expanded, two of which were monuments; two national monuments are established; 10 national preserves are established, which are administered as parks except that sport hunting and trapping are authorized in them; and 13 of the wild and scenic rivers established are put under NPS administration. The act more than doubled the size of NPS by adding over 50 million acres. The act also provides for specific exceptions to general NPS legal authorities for parks in Alaska, including special provisions related to subsistence and rights-of-way.

NPS resources, improve ability to manage, P.L. 101-337, 16 USC §19jj

• Establishes liability for any person who destroys, causes loss of, or injures and park system resource; if finding of damage to resource, or absent response, damage would have occurred, may commence civil action to recover damages; requires undertaking of all necessary actions to prevent/minimize destruction; requires assessment/monitoring of damages; 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.

National Parks Omnibus Management Act of 1998, P.L. 105-391, Title IV, National Park Service

• Requires Secretary of Interior to continually improve NPS' ability to provide state-of-the-art management, protection, and interpretation of and research on NPS resources. Secretary shall assure the full and proper utilization of the results of scientific study for park management decisions. In each case where an NPS action may cause a significant adverse effect on a park resource, the administrative record shall reflect the manner in which unit resource studies have been considered. The trend in NPS resource conditions shall be a significant factor in superintendents' annual performance evaluations.

Concessions Management Improvement Act of 1998

• Limits the term of concession contracts with significant capital improvement requirements to no more than 20 years. Also limits the value of the concessioner's leasehold surrender interest to the initial value of construction increased with the consumer price index less depreciation of the capital improvements. Eliminates capital improvement accounts in new contracts and allocates 80% of franchise fees under new contracts to the park where they are earned and 20% to support activities throughout the National Park System.

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