OTHER LAWS AFFECTING THE NATIONAL PARK SERVICE - Other

Administrative Procedures Act

• Requires public participation in agency rulemaking and institutionalizes an appeals process. Attempts to avoid "arbitrary and capricious" decisions.

Aircraft Overflights Study Act of 1987

• Requires the Secretary of the Interior to conduct studies to determine the appropriate minimum altitude for aircraft flying over national park system units.

Airport and Airway Development Act

• 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 frustrating this purpose. No airports can be authorized with adverse environmental impact 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

• Secretary of Interior can plan/acquire/establish/construct/enlarge/improve airports in or close to NPS units if necessary to proper performance of Interior functions. All airports must be operated as public airports.

Arizona Desert Wilderness Act

• Expands San Antonio Mission NHP; establishes Amistad and Lake Meredith as NPS units; authorizes Underground Railroad Study of Alternatives; includes Civil War Sites Study Act; revises NPS Advisory Board by increasing from 12 to 16 and expanding disciplines, requires recommendations on designation of NNLs and NHLs; establishes NPS Advisory Council to provide advice to Advisory Board; requires NPS prepare boundary report; requires development of boundary adjustment criteria; requires consultation with state, local governments, affected landowners and private national, regional, and local organizations; requires cost estimates and priorities by area an by NPS for boundary adjustments.

Concessions Policy Act of 1965

• Requires that public accommodations/facilities/services in NPS areas be provided only under carefully controlled safeguards to protect against despoliation. Development is limited to those 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. Other issues include 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.

Department of Transportation Act of 1966

• 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 public park, recreation area, or wildlife or waterfowl refuges of national, state, or local significance will be approved unless there is no feasible or prudent alternative and all possible planning is done to minimize the harm to such an area.

Disposal of Materials on Public Lands (Material Act of 1947)

• Prohibits the sale of "salable" or "common variety" minerals in NPS 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 (30 USC §90c-1b).

Energy Supply and Environmental Coordination Act of 1974

• Provides the basis for issuing Executive Order 12003 and Staff Directive 78-10.

Executive Order 11987: Exotic Organisms

• Restricts the introduction of organisms into the U.S. that are not part of its natural ecosystem.

Executive Order 11989 (42 FR 26959) and 11644: Offroad Vehicles on Public Lands

• Promulgates guidelines for the controlled use of off-road vehicles on public lands.

Executive Order 12003: Energy Policy and Conservation

• Requires all agencies to submit an overall energy conservation plan. Goal is a 20 percent savings in 1985 compared to 1975. For new buildings, the goal is 45 percent. 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 12008: Federal Compliance with Pollution Control Standards

• Establishes procedures and responsibilities to ensure that all necessary actions are taken for the prevention, control, and abatement of environmental pollution from federal facilities and activities.

Executive Order 12372: Intergovernmental Review of Federal Programs

• Section 2(b) requires federal agencies to communicate with state and local officials as early in the planning process as is feasible to explain plans and actions.

Federal Coal Leasing Amendments Act of 1976

• Prohibits coal leasing in NPS units. Also requires inclusion of a variety to environmental protection measures in coal leases issued under the mineral leasing acts of 1920 and 1947. This latter requirement helps to reduce the adverse impacts generated from coal development adjacent to parks.

Federal Land Policy and Management Act

• 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 preparation and maintenance of inventories of all public lands and their resource and other values; requires development and maintenance of land use plans for the use of public lands; provides for sale, exchange, and purchase of lands. Provides for personnel in BLM. Also contains a land exchange authority under which the Secretary may exchange federal lands or interests in lands outside NPS units for nonfederal lands or interests in lands within NPS units.

Federal Power Act

• Federal Energy Regulatory Agency (FERC) is authorized 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 include terms and conditions the agencies consider appropriate to mitigate the loss of, or damage to, fish and wildlife resources.

Federal Water Power Act

• The 1921 amendments to the Federal Water Power Act prescribe that what is now the Federal Energy Regulatory Commission could not grant authorization, permit, lease, or license for 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 provides for such activities (Lake Mead, Glen Canyon, etc.).

Federal Water Project Recreation Act

• Requires that full consideration be given to recreation and fish and wildlife enhancement in the construction of water resource projects. Gives Secretary of Interior authority to provide recreation development at projects and may operate, maintain, and acquire land for these purposes for existing, authorized, or reauthorized projects. Lands acquired for recreational purposes at any project by any federal agency may be transferred to Interior. Recreational use fees go to the Land and Water Conservation Fund.

Forest and Rangeland Renewable Resources Planning Act

• 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

• Requires government to make its record available to any person upon written request unless item is exempt from disclosure.

Intergovernmental Cooperation Act of 1968

• 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.

Intergovernmental Coordination Act of 1969

• Requires floodplain consultation among numerous federal agencies.

Land and Water Conservation Fund Act of 1965

• 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 preserve threatened fish and wildlife. Requires preparation of state comprehensive outdoor recreation plans. Authorizes fee collection activities. Requires that no property acquired or developed with assistance from the LWCF [§ 6(f)] be converted to other than public outdoor recreation uses without approval of the Secretary of Interior. The Secretary may approved the 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.

Mineral Leasing Act for Acquired Lands of 1947

• Authorizes the disposal of leasable minerals (including coal, oil, and gas) from federal lands that were acquired by the U.S., i.e. lands that were nonfederally owned prior to U.S. obtaining title.

Mineral Leasing Act of 1920

• Provides authority for disposal of leasable minerals on "public domain" federal lands. Both this act and the Mineral Leasing Act for Acquired Lands of 1947 prohibit leasing of federally owned minerals NPS units except where specifically authorized by law (Glen Canyon, Lake Mead, Whiskeytown).

Mineral Materials Disposal Act of 1947

• Prohibits the sale of "salable" or "common variety" minerals in units of the National Park System. Examples include 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 the Lake Chelan NRA (30 USC 90c-1b).

Mining Law of 1872

• Provides that all public domain lands not withdrawn are open to prospecting and the staking of claims. Under this law, individuals may file mining claims for federal minerals on federal lands open to mineral entry. Claimants have a possessory right on unpatented mining claims, which permit them to extract and remove federal minerals from claims but does not give them ownership of the land. Full title to the mineral from the federal government, and in most cases, the surface and all resources as well, may be obtained through the patent process. Most NPS units were closed to mineral entry under this law by their enabling laws or proclamations. The Mining in the Parks Act of 1976 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 4 NPS managed NRAs 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 NRAs 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, NPS will need to extinguish the pertinent right through purchase, exchange, or donation.

Mining Activity Within National Park Service Areas Act of 1976

• All mining claims within NPS boundaries will be recorded with the Secretary of the Interior and any claim not recorded will be presumed abandoned and void. Gives NPS specific authority to regulate mining activities associated with valid existing mining claims in order to protect park resources.

National Trails System Act

• Establishes a national system of recreational, scenic, and historic trails and prescribes the methods and standards for adding components to the system.

National Wildlife Refuge System Administration Act

• Establishes the National Wildlife Refuge System and preserves fish and wildlife species and their habitat, particularly those species threatened with extinction. Precursor to Endangered Species Act.

Noise Control Act of 1972 as amended

• 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 Office of Noise Abatement within EPA to specify noise limits for products distributed in commerce.

Outdoor Recreation Coordination Act of 1963

• Promotes coordination/development of effective outdoor recreation programs. Authorizes Secretary of Interior to inventory, classify, and develop 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

• Sets policies and procedures for managing oil and gas resources of the Outer Continental Shelf, including the issuance of mineral leases. Prior to development, the lessee is required to submit a development and production plan to the secretary for approval. A license or permit may both be granted without concurrence by the affected state that the plan is consistent with its approved coastal zone management program. Amendments in 1987 crated the Offshore Oil Pollution Compensation fund to pay for removal of oil spilled or discharged as a result of activities on the OCS. Under these provisions, public entities, such as NPS, can file claims against the fund to recover cleanup costs.

Payment in Lieu of Taxes Act

• Provides for payments to local governments based on the acreage/population within the boundaries of the locality.

Policies on Construction of Family Housing for Government Personnel, OMB A-18

• Housing can be justified only where service cannot be rendered without on-site employees and at remote areas (reasonable 2-hour commuting distance). Insufficiency or inadequacy of housing can be shown by establishing unavailability, substandard design, construction or location, or high cost.

Procedures for Interagency Consultation to Avoid or Mitigate Adverse Effects on Rivers in the Nationwide Inventory

• Establishes required procedures and consultation in order to avoid adverse effects on potential wild and scenic rivers.

Revised Statute 2477, Right-of-way across public lands

• This 1866 statute granted a right-of-way across public lands for all lands not otherwise withdrawn by the federal government. Based on state laws, this applies mainly to Alaska and Utah. NPS is developing guidelines to guide in processing RS2477 right-of-way assertions.

Surface Mining Control and Reclamation Act of 1977

• Establishes a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations. Requires 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

• 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

• Established 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.

Toxic Substances Control Act

• Governs the manufacture, transport, and distribution of chemical substances that may be potentially harmful. Directs EPA to inventory all chemical substances in commerce, to require premanufacture 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

• Establishes policies for treatment of persons displaced as a result of federal and federally assisted programs, especially those concerning land acquisition. Requires agency to reimburse displaced persons for moving and other expenses, as well as providing additional funds for other related expenses and establishes policy on acquisition of real property by federal government.

Urban Park and Recreation Recovery Act of 1978

Wild and Scenic Rivers Act

• 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. [Back to List]

Wilderness Act

• Purpose of the act is to establish an enduring 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 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

• Establishes National Commission on Wildfire Disasters; requires study of wildfire effects; requires recommendation for smooth/timely transition; requires recommendation for future NPS, BLM, FS redevelopment activities/programs. Requires report on rehabilitation needs from fire damage; requires Interior/Agriculture to offer annual forest fire suppression training programs to volunteers if needed; requires mobilization plans and presuppression needs information; amend Volunteers in Forest, Volunteers in Park, and Federal Land Management Policy Act (BLM) to protect volunteers from damage claims.

Wildfire Suppression Assistance Act

• Makes permanent the authority of Secretaries of Interior/Agriculture to enter into agreements with foreign fire organizations for wildfire protection assistance.

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