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Laws and Policies

SOURCES FOR LAWS AND POLICIES - Laws, Regulations, Policies, and Other Guidance

  Primary Sources Web Sites

Laws
Acts passed by the US Congress and approved by the President; all laws must be consistent with the U.S. Constitution; federal laws have supremacy over state and local laws

Legislative history (e.g., committee reports, transcripts of congressional debates) often helps to clarify the congressional intent in enacting a law

Example:
Act of August 25, 1916 (NPS Organic Act), P.L. 64-235, 16 U.S.C. §1 et seq. As amended

National Environmental Policy Act of 1969 as amended (PL 91-90, 42 USC 4321-4347, January 1, 1970, as amended by PL 94-52, July 3,1975, and PL 94-83, August 9, 1975)

U.S. Statutes at Large - contains record of laws, amendments, concurrent resolutions enacted by each session of Congress; organized chronologically; published annually

U.S. Code (USC) - the consolidation and codification of general and permanent federal laws; consists of 50 titles (subject areas); new edition published every 6 years with cumulative supplements following each session of Congress

Congressional Record (CR) - contains proceedings and debates that make up legislative history; published daily with an index developed at the end of each congressional session

Search U.S. Code, Office of the Law Revision Counsel

United States Congress (GPO Databases)

Congressional Record Online via GPO Access

Library of Congress

Other helpful law sites:

U.S. Fish & Wildlife - Division of Congressional and Legislative Affairs

U.S. Department of the Interior - Office of Congressional and Legislative Affairs

National Park Service - Office of Legislative and Congressional Affairs

FindLaw.com

Executive Orders
Directives from the President to departments and agencies of the executive branch

Presidential Proclamations
Decrees by the President under the Constitution and other authorities (e.g., Antiquities Act)

Examples:
E.O. 11990 Protection of Wetlands
Proclamation 6920--Establishment of the Grand Staircase-Escalante National Monument

Federal Register (FR) - contains executive orders, presidential proclamations, agency regulations and notices, and other public documents; published daily and indexed monthly

Code of Federal Regulations (CFR) - since 1976 Title 3 of CFR contains an annual compilation of executive orders and proclamations

Codification of Presidential Proclamations and Executive Orders (most recent ed., 1945-1989)

Search Federal Register Online via GPO Access

Search Code of Federal Regulations (CFR)

Regulations
Rules for complying with a federal law developed by the authorized department or agency: also includes codification of agency policy

Example:
36 CFR Part 1 - 199 contains general and specific regulations for the management and use of the national park system (these regulations are augmented by the superintendent's compendium for each unit)

Other Examples:
16CFR Parts 1-199 Parks, Forest, and Public Property [NPS general and special regulations]

40CFR Parts 1500 - 1508 Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA

44CFR Part 9 FEMA Floodplain Management and Protection of Wetlands Regulations

Federal Register - regulations are first published and revised in the register

Code of Federal Regulations - Consolidation and codification of general and permanent rules and regulations of federal agencies and presidential documents; there are 50 titles

 

Federal Register Online via GPO Access

Search Code of Federal Regulations (CFR)

Policy

Policies are guiding principles or procedures that set the framework and provide direction for management decisions; they may prescribe the process by which decisions are made, how an action is to be accomplished, or the results to be achieved

The NPS has recently adopted the 3-tiered Directives System to express policy and provide instructions for its implementation; this approach is described below

Federal Register - Policies for most agencies are usually first published in the register, as well as published separately

DOI policy is contained in the Departmental Manual

 

Federal Register Online via GPO Access

Electronic Library of Interior Policies

Policy Place Website

Other helpful policy sites:

CEQ NEPA Task Force
GSA

Office of Governmentwide Policy (OGP)

Level 1: NPS Management Policies
The only level 1 policy statement
provides a framework for making management decisions

  • Approved by the Director after review by the WASO Office of Policy and the NLC
  • Adherence is mandatory (unless waived by the SOI, Assist. SOI, or the Director)
Management Policies Current NPS Management Policies

Level 2: Director's Orders
NPS Director's instructions for implementing management policy

  • May articulate new or revised policy
  • May provide specific instructions
  • May outline requirements or standards for NPS functions, programs, and activities
  • Approved by the Director after review by the WASO Office of Policy and the NLC
  • Adherence is mandatory (unless waived by the SOI, Assist. SOI, or the Director)

Example:
DO-12 Conservation Planning and Environmental Impact Analysis (NEPA compliance guidelines)

Director's Orders

Director's Orders and Related Documents

NPS Policy Place Website

Level 3: Handbooks, reference manuals, and other professional materials

Example:
DO-12 Handbook
  Director's Orders and Related Documents

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