CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE -->
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1 -->
There is created in the Department of the Interior a service to be called the National Park Service, which shall be under the charge of a director who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall have substantial experience and demonstrated competence in land management and natural or cultural resource conservation. The Director shall select two Deputy Directors. The first Deputy Director shall have responsibility for National Park Service operations, and the second Deputy Director shall have responsibility for other programs assigned to the National Park Service. There shall also be in said service such subordinate officers, clerks, and employees as may be appropriated for by Congress. The service thus established shall promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified, except such as are under the jurisdiction of the Secretary of the Army, as provided by law, by such means and measures as 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 the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
Provisions relating to the pay of certain employees have been omitted as the pay of the employees is fixed pursuant to chapter 51 and subchapter III of chapter 53 of Title 5 , Government Organization and Employees.
amended first sentence by substituting "who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall have substantial experience and demonstrated competence in land management and natural or cultural resource conservation. The Director shall select two Deputy Directors. The first Deputy Director shall have responsibility for National Park Service operations, and the second Deputy Director shall have responsibility for other programs assigned to the National Park Service." for original text which read "who shall be appointed by the Secretary and who shall receive a salary of $4,500 per annum."
Office of National Parks, Buildings, and Reservations designated National Park Service by act Mar. 2, 1934, ch. 38, §1, 48 Stat. 389 .
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501 . Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641 . Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.
Section 814(e)(2) of div. I of
provided that: "The amendment made by subsection (a) [probably should be "paragraph (1)", which amended this section] shall take effect on February 1, 1997, and shall apply with respect to the individual (if any) serving as the Director of the National Park Service on that date."
§1, Nov. 13, 2000, 114 Stat. 2363 , provided that: "This Act [amending sections 391b, 391d, 392c, 396b, 396c, 396d, 397 to 397b, 397d, and 1244 of this title and section 1026 of Title 30 , Mineral Lands and Mining, enacting provisions set out as notes under sections 391d, 396b, 396d, and 397 of this title , and amending provisions set out as notes under sections 1a–1 and 391 of this title , section 1005 of Title 30 , provisions listed in a table of National Historic Sites set out under section 461 of this title , and provisions listed in a table of Wilderness Areas set out under section 1132 of this title ] may be cited as the 'Hawaii Volcanoes National Park Adjustment Act of 2000'."
§1(a), Mar. 10, 2000, 114 Stat. 23 , provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Parks Technical Corrections Act of 2000'."
title III, §301, Nov. 13, 1998, 112 Stat. 3501 , provided that: "This title [amending section 1a–5 of this title and enacting provisions set out as a note under section 1a–5 of this title ] may be cited as the 'National Park System New Areas Studies Act'."
provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Parks and Public Lands Management Act of 1996'."
§1, Oct. 31, 1983, 97 Stat. 909 , provided: "That this Act [amending sections 459b–8, 459g–7, and 460x–14 of this title and sections 872, 874, 875, 880, and 885 of Title 40 , Public Buildings, Property, and Works, repealing section 433e of this title , and amending provisions set out as a note under section 433c of this title ] may be cited as the 'Public Lands and National Parks Act of 1983'."
§1, Nov. 10, 1978, 92 Stat. 3467 , provided that: "This Act [enacting chapter 45 and sections 45f, 230 to 230i, 241g, 396d, 410y–1a, 441e–1, 459c–6b, 460m–15 to 460m–25, 460kk, 471i, and 1285a of this title , amending sections 1a–5, 1a–7, 273f, 282c, 283e, 397 to 397d, 410y–6, 410z, 410z–1, 430mm, 450mm–1, 450qq–4, 459c–1, 459c–5, 459e, 459e–1, 459e–6, 459e–9, 459h–10, 459i, 459i–9, 460l–8, 460m–14, 460o–1, 460q–9, 460u–9, 460aa–12, 460bb–1 to 460bb–4, 460ff–1, 460ff–3, 460ff–5, 460gg, 463, 469c, 470t, 698m, 1241, 1242, 1244 to 1247, 1249, 1273, 1274, 1276, 1277, 1283, and 1287 of this title , repealing sections 45a–3 and 688 of this title , enacting provisions set out as notes under sections 1a–5, 45a–1, 45f, 410z, 430nn, 430oo, 431, 461, 602, 688, 1246, 1274, and 2501 of this title , and amending provisions set out as notes under sections 431, 433c, 450bb, 461, and 1132 of this title ] may be cited as the 'National Parks and Recreation Act of 1978'."
Aug. 18, 1970, 84 Stat. 825 , as amended, which enacted sections 1a–1 to 1a–7 of this title , amended sections 1b, 1c, 17j, 460n–5, 463, 470a, and 559 of this title , and repealed sections 10, 10a, 17b–1, and 415 of this title , is popularly known as the "National Park System General Authorities Act".
Act of August 25, 1916, ch. 408, 39 Stat. 535 , as amended, which is classified generally to this section and sections 2, 3, and 4 of this title , is popularly known as the "National Park Service Organic Act".
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262 , set out in the Appendix to Title 5, Government Organization and Employees.
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings, and Public Buildings Administration, transferred to Administrator of General Services by act June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380 . Federal Works Agency, Office of Federal Works Administrator, Office of Commissioner of Public Buildings, and Public Building Administration abolished by section 103(b) of that act. Section 103 is classified to section 753 of Title 40 , Public Buildings, Property, and Works.
Branch of Buildings Management of National Park Service in Department of the Interior and its functions and personnel, except those relating to monuments and memorials, and certain functions of National Park Service in connection with public buildings in District of Columbia, together with personnel engaged exclusively in such functions, transferred to Public Buildings Administration, and functions of Secretary of the Interior and Director of National Park Service relating thereto transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427 , set out in the Appendix to Title 5.
Mount Rushmore National Memorial Commission and its functions transferred to National Park Service by Reorg. Plan No. II of 1939, §4(i), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1434 , set out in the Appendix to Title 5.
Functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries, including those with respect to enumerated national cemeteries and parks of War Department located within continental limits of United States, consolidated, with certain exceptions, in National Park Service in Department of the Interior by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5 . Cemeteries and parks located outside of continental United States remained under War Department.
"This subtitle may be cited as the 'National Park Police Drug Enforcement Supplemental Authority Act'.
"In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances in National Park System units, from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $3,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of August 18, 1970 ( 16 U.S.C. 1a–6 ), for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities."
§3, Oct. 17, 1976, 90 Stat. 2494 , directed Secretary of the Interior to submit to Congress not later than one year after Oct. 17, 1976, a report on feasibility and desirability of enacting as a part of United States Code those provisions concerning powers, duties, functions, salaries, and benefits of officers and members of the United States Park Police force which presently are contained in several statutes and are compiled in District of Columbia Code.
July 10, 1970, 84 Stat. 427 , provided that 1972 was to be designated by President as "National Parks Centennial Year", in recognition in 1872 of establishment of world's first national park at Yellowstone. There was also established a National Park Centennial Commission, composed of four members of Senate, four members of House, Secretary of the Interior, and six persons to be appointed by President. The Commission was empowered to prepare a suitable plan for commemoration of establishment of Yellowstone, to coordinate all activities under such plan, and to provide host services for a world conference on National Parks in 1972. The Commission was to submit a final report of its activities, including an accounting of funds received and expended, to Congress, not later than Dec. 31, 1973, and was to cease to exist upon submission of said report.
This section is referred to in sections 1a–1, 1c, 3, 4, 21b, 45f, 79i, 80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b, 205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d, 282a, 283c, 284a, 291b, 342, 345, 346a–2, 355a, 391b–1, 396b, 396d, 397d, 398c, 401, 403–3, 403b, 404b, 406d–2, 407a, 407q, 408b, 409e, 410b, 410r–7, 410w, 410y–5, 410z–4, 410aa–2, 410bb–1, 410ee, 410ff–3, 410gg–2, 410hh–2, 410ii–5, 410jj–4, 410kk–1, 410ll, 410mm–1, 410nn–1, 410oo–3, 410qq–2, 410rr–3, 410rr–7, 410ss–1, 410tt–3, 410vv–2, 410ww–4, 410xx–1, 410yy–2, 410aaa–2, 410aaa–23, 410aaa–46, 410bbb–2, 410ccc–2, 410ddd, 410eee–3, 410fff–2, 410ggg–1, 410hhh–5, 423h–2, 423l–5, 423o, 426m, 428d–3, 428o, 429a–2, 430f–5, 430f–10, 430m, 430w, 430cc, 430hh, 430ll, 430ss, 430uu–2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e–1, 450n, 450q, 450t, 450y–1, 450y–6, 450bb–1, 450cc–1, 450dd–1, 450ee–1, 450ff–2, 450hh–2, 450jj–5, 450mm–3, 450oo–9, 450pp–1, 450ss–2, 450ss–4, 459a–1, 459b–6, 459c–6, 459d–4, 459h–4, 459i–5, 459j–4, 460, 460a–2, 460m–5, 460m–12, 460m–15, 460s–5, 460w–5, 460x–5, 460bb–3, 460cc–2, 460dd–3, 460ee, 460ff–3, 460hh–3, 460ii–2, 460kk, 460uu–2, 460ww–1, 460yy–1, 460eee–1, 460fff–1, 460kkk, 467b, 698c, 698i, 698n, 698r, 698u–3, 1133, 1902, 3125, 5931, 5951, 5959 of this title ; title 30 section 1014; title 36 section 153513; title 40 sections 319c, 803, 804; title 48 section 1705.
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a -->
Section, act June 28, 1938, ch. 778, §1, 52 Stat. 1213 , related to residence of United States Commissioners [now magistrate judges].
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a-1 -->
Congress declares that the national park system, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States, its territories and island possessions; that these areas, though distinct in character, are united through their inter-related purposes and resources into one national park system as cumulative expressions of a single national heritage; that, individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one national park system preserved and managed for the benefit and inspiration of all the people of the United States; and that it is the purpose of this Act to include all such areas in the System and to clarify the authorities applicable to the system. Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined in section 1c of this title , shall be consistent with and founded in the purpose established by section 1 of this title , 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.
This Act, referred to in text, means
Aug. 18, 1970, 84 Stat. 825 , as amended, popularly known as the "National Park System General Authorities Act". As originally enacted,
contained sections 1 to 4, the first 3 of which enacted sections 1a–1 and 1a–2 and amended sections 1b and 1c of this title .
by adding sections 5 to 12, which enacted sections 1a–3 to 1a–7, amended sections 17j, 460n–5, 463, 470a, and 559, and repealed sections 10, 10a, 17b–1, and 415 of this title .
by adding section 13, which enacted section 1a–7a of this title . For complete classification of this Act to the Code, see Tables.
provided that the promotion and regulation of the various areas of the National Park System, as defined in section 1c of this title , be consistent with and founded in the purpose established by section 1 of this title , to the common benefit of all the people of the United States, and that the authorization of activities be construed and the protection, management, and administration of these areas be conducted in light of the high public value and integrity of the National Park System and 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.
is popularly known as the "National Park System General Authorities Act". For complete classification of this Act to the Code, see References in Text note above and Tables.
"(a) Study .—The Administrator of the Federal Aviation Administration, in consultation with the Director of the National Park Service, the State of Arizona, the State of Nevada, the Clark County Department of Aviation, affected Indian tribes, and the general public, shall conduct a study on increased air traffic over Grand Canyon National Park.
"(b) Report .—The Administrator of the Federal Aviation Administration shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include the following:
"(1) A report on the increase in air traffic over Grand Canyon National Park since 1987.
"(2) A forecast of the increase in air traffic over Grand Canyon National Park through 2010.
"(3) A report on the carrying capacity of the airspace over Grand Canyon National Park to ensure aviation safety and to meet the requirements established by section 3 of the Act of August 18, 1987 (
Public Law 100–91
; 101 Stat. 676 ) [set out below], including the substantial restoration of natural quiet at the Park.
"(4) A plan of action to manage increased air traffic over Grand Canyon National Park to ensure aviation safety and to meet the requirements established by such section 3 of the Act of August 18, 1987, including any measures to encourage or require the use of quiet aircraft technology by commercial air tour operators."
title I, Oct. 5, 1992, 106 Stat. 1384 , provided in part: "That in fiscal year 1993 and thereafter, the National Park Service may use helicopters and motorized equipment at Death Valley National Monument for removal of feral burros and horses".
"(a) Study by Park Service .—The Secretary of the Interior (hereinafter referred to as the 'Secretary'), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the 'Administrator'), shall provide technical assistance to the Secretary in carrying out the study.
"(b) General Requirements of Study .—The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist.
"(c) Specific Requirements .—The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawai‘i Volcanoes National Park, Haleakalā National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following:
"(1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters;
"(2) the impairment of visitor enjoyment associated with flights over such units of the National Park System;
"(3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and
"(4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting.
Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.
"(d) Report to Congress .—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary's recommendations will have an adverse effect on the safety of aircraft operations.
"(e) FAA Review of Rules .—The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes.
"(f) Authorization .—There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this section.
"(a) Yosemite National Park .—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term 'surface' refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley.
"(b) Haleakalā National Park .—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakalā National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint.
"(c) Study and Review Periods .—For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act [Aug. 18, 1987] and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress.
"(d) Exceptions .—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:
"(1) emergency situations involving the protection of persons or property, including aircraft;
"(2) search and rescue operations;
"(3) flights for purposes of firefighting or for required administrative purposes; and
"(4) compliance with instructions of an air traffic controller.
"(e) Enforcement .—For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b) ]. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987].
"(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users.
"(1) Submission .—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph.
"(2) Implementation .—Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator's authority to implement such regulations under the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq. ], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations applicable to the units of the National Park System as he deems appropriate.
"(3) Report .—Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing—
"(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and
"(B) such other matters, including possible revisions in the plan, as may be of interest.
The report shall include comments by the Administrator regarding the effect of the plan's implementation on aircraft safety.
"(c) Helicopter Flights of River Runners .—Subsection (b) shall not prohibit the flight of helicopters—
"(1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and
"(2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.
"The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 ( 92 Stat. 1649–1659 ) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug. 18, 1987]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness.
"(a) Assessment by Forest Service .—The Chief of the Forest Service (hereinafter referred to as the 'Chief') shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska.
"(b) Report to Congress .—The Chief shall submit a report to Congress within 2 years after enactment of this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section.
"(c) Authorization .—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section.
"In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land."
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a-2 -->
In order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the following activities:
Provide transportation of employees located at isolated areas of the national park system and to members of their families, where (1) such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation services.
Provide recreation facilities, equipment, and services for use by employees and their families located at isolated areas of the national park system.
Appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable, members of which shall receive no compensation for their services as such but who shall be allowed necessary travel expenses as authorized by section 5703 of title 5 .
Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment.
Enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved, if such person, State, or its political subdivision—
(1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and
(2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.
Acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged.
Sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act of 1949, as amended [ 40 U.S.C. 471 et seq. ], products and services produced in the conduct of living exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooperative arrangements with respect to such living exhibits and interpretive demonstrations, and to credit the proceeds therefrom to the appropriation bearing the cost of such exhibits and demonstrations. Sixty percent of the fees paid by permittees for the privilege of entering into Glacier Bay for the period beginning on the first full fiscal year following November 12, 1996, shall be deposited into a special account and that such funds shall be available—
(1) to the extent determined necessary, to acquire and preposition necessary and adequate emergency response equipment to prevent harm or the threat of harm to aquatic park resources from permittees; and
(2) to conduct investigations to quantify any effect of permittees' activity on wildlife and other natural resource values of Glacier Bay National Park. The investigations provided for in this subsection shall be designed to provide information of value to the Secretary, in determining any appropriate limitations on permittees' activity in Glacier Bay. The Secretary may not impose any additional permittee operating conditions in the areas of air, water, and oil pollution beyond those determined and enforced by other appropriate agencies. When competitively awarding permits to enter Glacier Bay, the Secretary may take into account the relative impact particular permittees will have on park values and resources, provided that no operating conditions or limitations relating to noise abatement shall be imposed unless the Secretary determines, based on the weight of the evidence from all available studies including verifiable scientific information from the investigations provided for in this subsection, that such limitations or conditions are necessary to protect park values and resources. Fees paid by certain permittees for the privilege of entering into Glacier Bay shall not exceed $5 per passenger. For the purposes of this subsection, "certain permittee" shall mean a permittee which provides overnight accommodations for at least 500 passengers for an itinerary of at least 3 nights, and "permittee" shall mean a concessionaire providing visitor services within Glacier Bay. Nothing in this subsection authorizes the Secretary to require additional categories of permits in, or otherwise increase the number of permits to enter Glacier Bay National Park.
Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States.
Provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior.
Enter into cooperative agreements with public or private educational institutions, States, and their political subdivisions, for the purpose of developing adequate, coordinated, cooperative research and training programs concerning the resources of the National Park System, and, pursuant to any such agreements, to accept from and make available to the cooperator such technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units as the Secretary deems appropriate; except that this paragraph shall not waive any requirements for research projects that are subject to the Federal procurement regulations.
Except as provided in paragraph (2) and subject to paragraph (3), the Secretary may enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the National Park System.
The Secretary may not use a lease under paragraph (1) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concessions contract, commercial use authorization, or similar instrument.
Buildings and associated property leased under paragraph (1)—
(A) shall be used for an activity that is consistent with the purposes established by law for the unit in which the building is located;
(B) shall not result in degradation of the purposes and values of the unit; and
(C) shall be compatible with National Park Service programs.
With respect to a lease under paragraph (1)—
(i) payment of fair market value rental shall be required; and
(ii) section 303b of title 40 shall not apply.
The Secretary may adjust the rental amount as appropriate to take into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses.
The Secretary shall promulgate regulations implementing this subsection that includes provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment.
Rental payments under a lease under paragraph (1) shall be deposited in a special account in the Treasury of the United States.
Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at units of the National Park System, including—
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated with park resource protection; and
(iv) direct maintenance of the leased buildings and associated properties.
The Secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this Act.
Where a unit of the National Park System is located adjacent to or near a State or local park area, and cooperative management between the National Park Service and a State or local government agency of a portion of either park will allow for more effective and efficient management of the parks, the Secretary may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas. The Secretary may not transfer administration responsibilities for any unit of the National Park System under this paragraph.
Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land.
An assignment arranged by the Secretary under section 3372 of title 5 of a Federal, State, or local employee for work in any Federal, State, or local land or an extension of such an assignment may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat. 377 , as amended. Provisions of that act relating to management and disposal of Government property are classified to chapter 10 (§471 et seq.) of Title 40 , Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.
This Act, referred to in subsec. (k)(5)(C), means
Aug. 18, 1970, 84 Stat. 825 , as amended, popularly known as the "National Park System General Authorities Act". As originally enacted,
contained sections 1 to 4, the first 3 of which enacted sections 1a–1 and 1a–2 and amended sections 1b and 1c of this title .
by adding sections 5 to 12, which enacted sections 1a–3 to 1a–7, amended sections 17j, 460n–5, 463, 470a, and 559, and repealed sections 10, 10a, 17b–1, and 415 of this title .
by adding section 13, which enacted section 1a–7a of this title . For complete classification of this Act to the Code, see Tables.
In subsec. (c), " section 5703 of title 5 " substituted for "section 5 of the Administrative Expenses Act of 1946 ( 5 U.S.C. 5703 )" on authority of
§7(b), Sept. 6, 1966, 80 Stat. 631 , the first section of which enacted Title 5, Government Organization and Employees.
2000—Subsecs. (a) to (f).
§118(2), (3), capitalized the first letter of the first word and substituted a period for the semicolon at end.
§118(1), (2), in introductory provisions, capitalized the first letter of the first word and substituted a period for the semicolon after "such exhibits and demonstrations".
§118(2), (3), capitalized the first letter of the first word and substituted a period for the semicolon at end.
§118(2), (4), capitalized the first letter of the first word and substituted a period for "; and" at end.
§118(5), realigned margins.
1998—Subsecs. (k), (l).
added subsecs. (k) and (l).
1996—Subsec. (g).
§703, inserted provisions relating to Glacier Bay and substituted "interpretive demonstrations" for "interpretive demonstrations and park programs".
§818, added subsec. (j).
1976—Subsec. (e).
§1(1), inserted provision requiring Secretary to consider impact on primary natural and historic resources of an area before entering into contracts.
§1(2), added subsecs. (h) and (i).
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Oct. 6, 1972, 86 Stat. 776 , set out in the Appendix to Title 5, Government Organization and Employees.
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a-3 -->
Notwithstanding any other provision of law, the Secretary of the Interior may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, part of the legislative jurisdiction of the United States over National Park System lands or interests therein in that State, Commonwealth, territory, or possession: Provided, That prior to consummating any such relinquishment, the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and shall not finalize such agreement until sixty calendar days after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide. The Secretary shall diligently pursue the consummation of arrangements with each State, Commonwealth, territory, or possession within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the National Park System.
substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the United States Congress".
Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of
set out as a note preceding section 21 of Title 2 , The Congress.
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a-4 -->
Notwithstanding section 5901(a) of title 5 , the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually.
CHAPTER 1 -NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES!@!SUBCHAPTER I-NATIONAL PARK SERVICE!@!Sec. 1a-5 -->
The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and which may have potential for inclusion in the National Park System. Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors, compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. The Secretary is also directed to transmit annually to the Speaker of the House of Representatives and to the President of the Senate, at the beginning of each fiscal year, a complete and current list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places which areas exhibit known or anticipated damage or threats to the integrity of their resources, along with notations as to the nature and severity of such damage or threats. Each report and annual listing shall be printed as a House document: Provided, That should adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing upon the receipt by the Speaker of the United States House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the United States House of Representatives and the chairman of the Committee on Energy and Natural Resources of the United States Senate indicating such to be the case.
(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System.
(2) In developing the list to be submitted under this subsection, the Secretary shall consider—
(A) those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility;
(B) themes, sites, and resources not already adequately represented in the National Park System; and
(C) public petition and Congressional resolutions.
(3) No study of the potential of an area for inclusion in the National Park System may be initiated after November 13, 1998, except as provided by specific authorization of an Act of Congress.
(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000.
(5) Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system.
(1) The Secretary shall complete the study for each area for potential inclusion in the National Park System within 3 complete fiscal years following the date on which funds are first made available for such purposes. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments.
(2) In conducting the study, the Secretary shall consider whether the area under study—
(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the system.
(A) shall consider the following factors with regard to the area being studied—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) similar resources are already protected in the National Park System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use;
(B) shall consider whether direct National Park Service management or alternative protection by other public agencies or the private sector is appropriate for the area;
(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service be most effective and efficient in protecting significant resources and providing for public enjoyment; and
(D) may include any other information which the Secretary deems to be relevant.
(4) Each study shall be completed in compliance with the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq. ].
(5) The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary's preferred management option for the area.
The Secretary shall designate a single office to be assigned to prepare all new area studies and to implement other functions of this section.
At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the National Park System. In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c) of this section. The Secretary should only include on the lists areas for which the supporting data is current and accurate.
For the purposes of carrying out the studies for potential new Park System units and for monitoring the welfare of those resources, there are authorized to be appropriated annually not to exceed $1,000,000. For the purposes of monitoring the welfare and integrity of the national landmarks, there are authorized to be appropriated annually not to exceed $1,500,000. For carrying out subsections (b) through (d) of this section there are authorized to be appropriated $2,000,000 for each fiscal year.