2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter I - NATIONAL PARK SERVICE (§§ 1 - 18f-3)
Section 1a-1 - National Park System: administration; declaration of findings and purpose
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES SUBCHAPTER I - NATIONAL PARK SERVICE Sec. 1a-1 - National Park System: administration; declaration of findings and purpose |
Contains | section 1a-1 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-383, §1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95-250, title I, §101(b), Mar. 27, 1978, 92 Stat. 166. |
Statutes at Large References | 84 Stat. 825 92 Stat. 166, 1649-1659 101 Stat. 674, 676 106 Stat. 1384, 4887 114 Stat. 2363 117 Stat. 1280 |
Public Law References | Public Law 91-383, Public Law 94-458, Public Law 95-250, Public Law 100-91, Public Law 102-381, Public Law 102-581, Public Law 103-322, Public Law 106-510, Public Law 108-108 |
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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.
(Pub. L. 91–383, §1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95–250, title I, §101(b), Mar. 27, 1978, 92 Stat. 166.)
References in TextThis Act, referred to in text, means Pub. L. 91–383, Aug. 18, 1970, 84 Stat. 825, as amended, 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 Short Title of 1970 Amendment note set out under section 1 of this title and Tables.
Amendments1978—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.
Special Events at National MallPub. L. 108–108, title I, §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 CanyonPub. L. 102–581, title I, §134, Oct. 31, 1992, 106 Stat. 4887, provided that:
“(a)
“(b)
“(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 MonumentPub. 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 UnitsPub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub. L. 106–510, §3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363, provided that:
“SECTION 1. STUDY OF PARK OVERFLIGHTS.“(a)
“(b)
“(c)
“(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)
“(e)
“(f)
“(a)
“(b)
“(c)
“(d)
“(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)
“(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)
“(1)
“(2)
“(3)
“(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)
“(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)
“(b)
“(c)
“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.”
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