OTHER LAWS AFFECTING THE NATIONAL PARK SERVICE - Natural Resources

Acid Precipitation Act of 1980

• Purpose is 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.

Analysis of Impacts on Prime or Unique Agricultural Lands in Implementing the National Environmental Policy Act

• Determining the effects of a proposed federal agency action on prime or unique agricultural lands must be an integral part of the EIS process and must be a factor in deciding whether or not to prepare an EIS. Prime and unique farmlands are identified by the Soil Conservation Service.

Bald and Golden Eagle Protection Act

• Prohibits taking, possessing, and trade in bald and golden eagles. Provides criminal and civil penalties.

Clean Air Act as amended

• Purpose is 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. Act establishes requirements for areas failing to attain National Ambient Air Quality Standards. Provides for prevention of significant deterioration of areas where air is cleaner than NAAQS.

Coastal Barrier Improvement Act of 1990

• Amends the Coastal Barrier Resources Act of 1982.

Coastal Barrier Resources Act of 1982

• 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 NPS 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

• States national policy 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 their management plans for the non-federal lands and waters of their coastal zones. NPS actions should conform to approved state coastal zone management plans to the maximum extent possible. Applicants for federal licenses and permits are required to certify that their activities are consistent with management programs of directly affected states.

Comprehensive Environmental Response Compensation and Liability Act (commonly known as CERCLA or Superfund)

• Regulates the cleanup of hazardous or toxic contaminants at closed or abandoned sites. Establishes a fund available to states for cleanup of abandoned sites; funds come from taxes levied on designated chemical feedstocks. Government can recover cost of the cleanup and associated damages by suing the responsible parties. The act was reauthorized in 1986 under the Superfund Amendment Reauthorization Act; §120 specifies that CERCLA applies to federal facilities.

Emergency Planning and Community Right-to-Know Act

• Sets up procedures for emergency planning, emergency notification, and community right-to-know reporting on chemicals and emissions inventory. All federal agencies are exempt, although Interior strongly encourages voluntary compliance with all portions of the law. Law is designed to protect communities from hazardous chemicals by making sure that advance planning occurs for potential emergencies.

Endangered Species Act of 1973, as amended

• Requires federal agencies to insure 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 Interior and to
  ...insure that any action authorized, funded or carried out by such agenc(ies)...is not likely to jeopardize the continued existence or destruction or adverse modification of habitat of such species which is...critical.

Endangered Species Conservation Act of 1969

• Provides a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife, including migratory birds that are threatened with extinction.

Estuary Protection Act

• 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.

Executive Order 11988: Floodplain Management

• 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. Directs all federal agencies to avoid, if possible, development and other activities in the 100-year (or base) floodplain. Existing structures or facilities in such areas and needing rehabilitation, restoration, or replacement will be subject to the same scrutiny as for new facilities or structures. In the case of historic structures, this scrutiny will be but one factor in determining their preservation. Highly significant and irreplaceable records, historic objects, structures, or other cultural resources may not be located in the 500-year floodplain. No 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) will occur in the 500-year floodplain.

Executive Order 11990: Protection of Wetlands

• 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 11991: Protection and Enhancement of Environmental Quality

• Requires CEQ to issue regulations to federal agencies concerning 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 13112: Invasive Species

• Requires agencies to identify proposed actions that may involve risks of introducing invasive species on native habitats and populations. Agency cannot authorize, fund, or carry out actions that are likely to cause or promote the introduction or spread of invasive species in the US unless the agency determines that the benefits of the actions clearly outweigh the potential harm causes by invasive species, and that all feasible and prudent measures to minimize risk of harm are taken. Use agency relevant programs and authorities to prevent introduction, detect and respond rapidly to and control populations of these species in a cost-effective and environmentally sound manner, monitor invasive species populations accurately and reliably, provide for restoration of native species and habitat conditions in ecosystems that have been invaded, conduct research on invasive species and develop techno0ologies to prevent introduction and provide for environmentally sound control of invasive species, and promote public education on invasive species and the means to address them.

Federal Cave Resources Protection Act of 1988

• Purpose is to identify and preserve significant caves on federal land and to foster increased cooperation and information exchange between government agencies and others on the use of these caves for scientific, educational, and recreational purposes.

Federal Advisory Committee Act of 1972, P.L. 92-463, 86 Stat.770

• The Federal Advisory Committee Act regulates the use of advisory committees by the President and federal agencies for the purpose of obtaining advice and recommendations. In passing FACA, Congress had three broad goals: reducing the influence of special interest groups in the policy-making process; providing the public equal access to the policy-making process; and controlling the costs of advisory committees.

Federal Insecticide, Fungicide, and Rodenticide Act

• Requires that all pesticides be registered, and that pesticides be used in accordance with this registration. Act restricts use of certain pesticides and regulates others as toxic pollutants under the Clean Water and Safe Drinking Water acts.

Federal Water Pollution Control Act (commonly referred to as the Clean Water Act)

• 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.

Fish and Wildlife Conservation Act

• Provides for financial and technical assistance to states to develop conservation plans, subject to approval by DOI, and implement state programs for fish and wildlife resources. Also encourages all federal agencies to utilize their statutory responsibilities to conserve and to promote conservation of nongame fish and wildlife and their habitats.

Fish and Wildlife Coordination Act as amended

• Applies to major federal water resources development plans (impound, divert, deepen the channel or otherwise control or modify stream or other body of water). Act requires federal agencies to consult the FWS and parallel state agencies whenever such plans result in alteration of a body of water. Requires that wildlife conservation shall receive equal consideration with other features of water resource development. Coordination with Fish and Wildlife Service is triggered upon application for a 404 permit.

Flood Disaster Protection Act of 1973

• 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. Property owner 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) are required to purchase flood insurance.

Food Security Act of 1985 (Swampbuster Act)

• Restricts a number of federal benefits to farmers who, after December 23, 1985, produce agricultural commodities on certain "converted wetland."

Geothermal Steam Act of 1970

• 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 adverse effect on NPS units. Also prevents use of existing or new geothermal sources in Corwin Springs, near Yellowstone until after USGS/NPS prepare study for Congress.

Geothermal Steam Act Amendments

• Provides added protection for selected parks by requiring BLM to obtain PS 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.

Magnuson Fishery Conservation and Management Act of 1976

• Provides for the protection, conservation, and enhancement of U.S. fisheries 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.

Marine Mammal Protection Act

• Provides marine mammals with necessary and extensive protection against 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 the Ocean Dumping Act)

• Establishes 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. Titles I and II of this act deal with ocean dumping and have little relation to most NPS activities. Title III allows designation of marine sanctuaries. Should consider 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. §103 authorizes the Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping into ocean waters.

Migratory Bird Conservation Act

• 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 of 1918

• Prohibits taking, possession, and trade of migratory birds, except as permitted by regulations. Provides search, arrest, and seizure authority to authorized USDA 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.

National Environmental Policy Act of 1969

• NEPA is the basic national charter for environmental protection. Establishes policy, sets goals, and provides means for carrying out the policy. Contains an "action-forcing" provision to ensure that federal agencies act according to the letter and spirit of the law. Requires a systematic analysis of major federal actions that will consider all reasonable alternatives as well as an analysis of short-term and long-term, irretrievable and irreversible, and unavoidable impacts. Also establishes the Council on Environmental Quality.

National Flood Insurance Act of 1968

• 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 assuring that federal actions, including licensing and permitting, would be coordinated with these efforts.

National Park System Final Procedures for Implementing E.O. 11988 and 11990

• E.O. 11988 and 11990 directed the Water Resources Council to prepare guidelines for federal agencies, which they did February 10, 1978. Department of Interior issued guidelines in 520 DM on June 20, 1979. NPS published final procedures May 28, 1980 (45 Federal Register 35916) that were amended August 23, 1982 (47 Federal Register 36718). NPS wrote new floodplain guidelines as Special Directive 93-4. The 1982 version is still in effect for wetlands.

Protection and Enhancement of Environmental Quality

• 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."

Resource Conservation and Recovery Act

• Governs disposal of hazardous and/or solid waste (includes landfills) (NPS staff directive 76-20). Establishes guidelines for collection, transport, separation, recovery, and disposal of solid waste. Creates major federal hazardous waste regulatory program. Provides assistance to establish state or regional solid waste plans.

Rivers and Harbors Act of 1899

• Establishes Army Corps of Engineers' regulatory authority over U.S. navigable waters. Establishes permit requirements for construction of bridges, causeways, dams, or dikes within or over navigable waters of the U.S. Bridge and causeway construction is regulated by the Transportation Secretary, while dam and dike permits are reviewed by the Corps of Engineers. §10 requires a Corps permit for 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 discharge of refuse of any kind (except liquid from sewers or urban runoff) from land or vessel, into the navigable waters of the U.S. or into their tributaries. Similarly, discharge of refuse is prohibited upon the banks of navigable waters or their tributaries where the refuse could be washed into the water.

Safe Drinking Water Act

• Directs EPA to publish and enforce regulations that consist of 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

• Requires appraisal by Secretary of Agriculture of information and expertise on conservation and use of soils, plants, woodlands, etc.

Water Resources Planning Act of 1965 and Water Resource Council's Principles and Standards

• 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 with responsibility for assessing the adequacy of water supplies, studying the administration of water resources, and developing 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

• Authorizes the secretary 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. Secretary is to be consulted about such proposed "works of improvement," with regard to activities or facilities that may affect DOI lands.

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