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16 USC CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS MONUMENTS, AND SEASHORES

-CITE-
16 USC CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS,
MONUMENTS, AND SEASHORES 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

-HEAD-
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES





-CITE-
16 USC SUBCHAPTER I - NATIONAL PARK SERVICE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-
SUBCHAPTER I - NATIONAL PARK SERVICE

-End-



-CITE-
16 USC Sec. 1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-
Sec. 1. Service created; director; other employees

-STATUTE-
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.

-SOURCE-
(Aug. 25, 1916, ch. 408, Sec. 1, 39 Stat. 535; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389;
July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub.
L. 104-333, div. I, title VIII, Sec. 814(e)(1), Nov. 12, 1996, 110
Stat. 4196.)

-COD-
CODIFICATION
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.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-333 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."

-CHANGE-
CHANGE OF NAME
Office of National Parks, Buildings, and Reservations designated
National Park Service by act Mar. 2, 1934, ch. 38, Sec. 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.


-MISC2-
EFFECTIVE DATE OF 1996 AMENDMENT
Section 814(e)(2) of div. I of Pub. L. 104-333 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."

SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-236, Sec. 1, Oct. 9, 2002, 116 Stat. 1483, provided
that: "This Act [amending section 460kk of this title] may be cited
as the 'Santa Monica Mountains National Recreation Area Boundary
Adjustment Act'."

SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-510, Sec. 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'."
Pub. L. 106-176, Sec. 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'."

SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-391, title III, Sec. 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'."

SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-333 provided that: "This Act [see Tables
for classification] may be cited as the 'Omnibus Parks and Public
Lands Management Act of 1996'."

SHORT TITLE OF 1983 AMENDMENT
Pub. L. 98-141, Sec. 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 former 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'."

SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-625, Sec. 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'."

SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91-383, 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".

SHORT TITLE
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".


-TRANS-
TRANSFER OF FUNCTIONS
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, Secs. 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, Sec. 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. See text
of, and Historical and Revision Notes under, section 303(b) 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, Secs. 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,
Sec. 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.


-MISC3-
NATIONAL PARK POLICE DRUG ENFORCEMENT SUPPLEMENTAL AUTHORITY ACT
Pub. L. 99-570, title V, subtitle B (Secs. 5051, 5052), Oct. 27,
1986, 100 Stat. 3207-156, as amended by Pub. L. 100-690, title VI,
Sec. 6254(d)(2), Nov. 18, 1988, 102 Stat. 4365, provided that:

"SEC. 5051. SHORT TITLE.
"This subtitle may be cited as the 'National Park Police Drug
Enforcement Supplemental Authority Act'.

"SEC. 5052. NATIONAL PARK AUTHORIZATION.
"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."

CODIFICATION OF LAWS RELATING TO UNITED STATES PARK POLICE;
FEASIBILITY STUDY AND REPORT BY SECRETARY OF THE INTERIOR
Pub. L. 94-533, Sec. 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.

NATIONAL PARK CENTENNIAL COMMISSION
Pub. L. 91-332, 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
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, 410iii-5, 410jjj-2, 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, 698w, 1133, 1902,
3125, 5931, 5951, 5959 of this title; title 30 section 1014; title
36 section 153513; title 40 section 1314; title 48 section 1705.

-End-



-CITE-
16 USC Sec. 1a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-
Sec. 1a. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948

-MISC1-
Section, act June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213,
related to residence of United States Commissioners [now magistrate
judges].

-End-



-CITE-
16 USC Sec. 1a-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-
Sec. 1a-1. National Park System: administration; declaration of
findings and purpose

-STATUTE-
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.

-SOURCE-
(Pub. L. 91-383, Sec. 1, Aug. 18, 1970, 84 Stat. 825; Pub. L.
95-250, title I, Sec. 101(b), Mar. 27, 1978, 92 Stat. 166.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91-383, Aug. 18,
1970, 84 Stat. 825, as amended, popularly known as the "National
Park System General Authorities Act". As originally enacted, Pub.
L. 91-383 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. Pub. L. 94-458 amended Pub. L. 91-383 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. Pub. L. 103-322 amended Pub. L. 91-383 by
adding section 13, which enacted section 1a-7a of this title. For
complete classification of this Act to the Code, see Tables.


-MISC1-
AMENDMENTS
1978 - Pub. L. 95-250 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.

SHORT TITLE
Pub. L. 91-383 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.

SPECIAL EVENTS AT NATIONAL MALL
Pub. L. 108-108, title I, Sec. 145, Nov. 10, 2003, 117 Stat.
1280, provided that: "None of the funds appropriated or otherwise
made available by this or any other Act, hereafter enacted, may be
used to permit the use of the National Mall for a special event,
unless the permit expressly prohibits the erection, placement, or
use of structures and signs bearing commercial advertising. The
Secretary may allow for recognition of sponsors of special events:
Provided, That the size and form of the recognition shall be
consistent with the special nature and sanctity of the Mall and any
lettering or design identifying the sponsor shall be no larger than
one-third the size of the lettering or design identifying the
special event. In approving special events, the Secretary shall
ensure, to the maximum extent practicable, that public use of, and
access to the Mall is not restricted. For purposes of this section,
the term 'special event' shall have the meaning given to it by
section 7.96(g)(1)(ii) of title 36, Code of Federal Regulations."

STUDY OF AIR TRAFFIC OVER GRAND CANYON
Pub. L. 102-581, title I, Sec. 134, Oct. 31, 1992, 106 Stat.
4887, provided that:
"(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."

REMOVAL OF FERAL BURROS AND HORSES FROM DEATH VALLEY NATIONAL
MONUMENT
Pub. L. 102-381, 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".

STUDY TO DETERMINE APPROPRIATE MINIMUM ALTITUDE FOR AIRCRAFT FLYING
OVER NATIONAL PARK SYSTEM UNITS
Pub. L. 100-91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub.
L. 106-510, Sec. 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363,
provided that:

"SECTION 1. STUDY OF PARK OVERFLIGHTS.
"(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, Haleakala 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.

"SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA DURING STUDY AND
REVIEW.
"(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) Haleakala 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 Haleakala 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].

"SEC. 3. GRAND CANYON NATIONAL PARK.
"(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.
"(b) Recommendations. -
"(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.

"SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.
"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.

"SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS
OVERFLIGHTS.
"(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.

"SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.
"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."

-End-



-CITE-
16 USC Sec. 1a-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-
Sec. 1a-2. Secretary of the Interior's authorization of activities

-STATUTE-
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:
(a) Transportation
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.
(b) Recreation
Provide recreation facilities, equipment, and services for use
by employees and their families located at isolated areas of the
national park system.
(c) Advisory committees; compensation and travel expenses
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.
(d) Park equipment purchases
Purchase field and special purpose equipment required by
employees for the performance of assigned functions which shall
be regarded and listed as park equipment.
(e) Services, resources, or water contracts
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.
(f) Vehicular air-conditioning
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.
(g) Exhibits and demonstrations; sale of products and services;
contracts and cooperative arrangements; credits to
appropriation
Sell at fair market value without regard to the requirements of
the Federal Property and Administrative Services Act of 1949, as
amended, 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.
(h) Regulations; promulgation and enforcement
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.
(i) United States Park Police and other National Park Service
employees; meals and lodging
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.
(j) Cooperative research and training programs
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.
(k) Leases
(1) In general
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.
(2) Prohibited activities
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.
(3) Use
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.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph (1) -
(i) payment of fair market value rental shall be
required; and
(ii) section 1302 of title 40 shall not apply.
(B) Adjustment
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.
(C) Regulation
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.
(5) Special account
(A) Deposits
Rental payments under a lease under paragraph (1) shall be
deposited in a special account in the Treasury of the United
States.
(B) Availability
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 (continued)