«LAWS RELATING TO THE NATIONAL PARK SERVICE SUPPLEMENT IV January 1973 to December 1978 ComPiled By DOROTHY J. WHITEHEAD Legislative Affairs Assistant ...»
UNITED STATES DEPARTMENT OF THE INTERIOR
CECIL D. ANDRUS, Secretary
NATIONAL PARK SERVICE
RUSSELL E. DICKENSON, Director
LAWS RELATING TO
THE NATIONAL PARK SERVICE
January 1973 to December 1978 ComPiled By
DOROTHY J. WHITEHEADLegislative Affairs Assistant Narional Park Service
U. S. GOVERNMENT PRINTING OFFICEWASHINGTON: 1980,."
FOREWORDThis is the fourth supplement to the publication Laws Relating to the National Park Service, first printed in 1933 and supplemented in 1944, 1963, and 1972.
This volume contains laws relating to the National Park Service enacted by the Congress between January, 1973, and December, 1978.
Unlike Supplements I, II, and III, laws relating to National Preserves, National Reserves, and an Appendix are included in this compilation.
CONTENTSNATIONAL PARK SERVICE LAWS 1973-1978 Page
I. General Legislation:
1. Administration of the National Park System
2. Clean Air Act Amendments (excerpt) _______________ 7 Historic Property Preservation Program Amendments ____ 3. 25
4. Historical and Archeological Data Preservation Amendments 26 __ __ __ ________
5. Insular Areas 30 Land and Water Conservation Fund Act Amendments ____ 6. 42 Mining within the National Park System ____________
7. 63 National Park System Transportation ______________
9. National Trails System Act Amendments and New Trails__ 72
10. New Areas Studies, Management Plans and Contracts (excerpt ____ from omnibus bill) 84
11. Payments-In-Lieu-Of-Taxes ___ __ __ ______________ 86
of dependents of deceased employees (i) to the nearest housing reasonably available and of a standard not less than that which is vacated, and to include compensation for not to exceed sixty days rental cost thereof, in the case of an employee who occupied Government housing and the death of such employee requires that housing to be promptly vacated, and (ii) to the nearest port of entry in the conterminous forty-eight States in the case of an employee whose last permanent station was outside the conterminous forty-eight States.'.
"SEC. 6. 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 Committees on Interior and Insular Affairs of the United States Congress, 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.
"SEC. 7. Notwithstanding subsection 5901(a) of title 5, United States Code (80 Stat. 508), as amended, the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually.
"SEC. 8. 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. At the beginning of each fiscal year, the Secretary shall transmit to the Speaker of the House of Representatives and to the President of the Senate, comprehensive reports on each of those areas upon which studies have been completed. On this same date, and accompanying such reports, the Secretary shall transmit a listing, in generally descending order of importance or merit, of not less than twelve such areas which appear to be of national significance and which may have potential for inclusion in the National Park System. Threats to resource values, and cost escalatien factors shall be considered in listing the order of imporGENERAL LEGISLATION tance or merit. Such listing may be comprised of any areas heretofore submitted under terms of this section, and which at the time of listing are not in:cluded in the National Park System. 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..
"SEC. 9. Section 3 of the Act of August 21, 1935 (49 Stat. 666, 667; 16 U.S.C. 461, 463), is amended to read
"'SEC. 3. (a) A general advisory board to be known as the National Park System Advisory Board is hereby established, to be composed of not to exceed eleven persons, citizens of the United States, to include but not be limited to representatives competent in the fields of history, archaeology, architecture, and natural science, who shall be appointed by the Secretary for a term not to exceed four years. The Secretary shall take into consideration nominations for appointees from public and private, professional, civic, and educational societies, associations, and institutions. The members of such board shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members. It shall be the duty of such board to advise the Secretary on matters relating to the National Park System, to other related areas, and to the administration of this Act, including but not limited to matters submitted to it for consideration by the Secretary, but it shall not be required to recommend as to the suitability or desirability of surplus real and related personal property for use as an historic monument.
"'(b) The National Park System Advisory Board shall continue to exist until January 1, 1990. In all other respects, it shall be subject to the provisions of the Federal Advisory Committee Act.'.
"SEC. 10. (a) The arrest authority relating to the National Park Service is hereby amended in the following
"(1) Section 3 of the Act of March 3,1897 (29 Stat.
621; 16 U.S.C. 415), as supplemented; relating to certain arrest authority relative to national military parks, is hereby repealed;
"(2) The first paragraph of that portion designated 'GENERAL EXPENSES-FOREST SERVICE' of the Act of March 3, 1905 (33 Stat. 872; 16 D.S.C. 10,559), as amended, relating in part to arrest authority relative to laws and regulations apNATIONAL PARK SERVICE LAWS plicable to forest reserves and national parks, is amended by deleting the words 'and national park service', 'and national parks', and 'or national parks';
"(3) Section 2 of the Act of March 2,1933 (47 Stat.
1420; 16 U.S.C. lOa), as amended, relating to certain arrest authority for certain employees of the National Park Service, is hereby repealed; and "(4) The second paragraph of section 6 of the Act of October 8,1964 (78 Stat. 1041; 16 U.S.C. 460n-5), as amended, relating to certain arrest authority relative to the Lake Mead National Recreation Area, is hereby repealed.
"(b) In addition to any other authority conferred by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System. In the performance of such duties, the officers or employees, so designated, maycarry firearms and make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided such arrests occur within that system or the person to be arrested is fleeing therefrom to avoid arrest;
"(2) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in that system or, where the person subject to the warrant or process is in that system, in connection with any Federal offense; and "(3) conduct investigations of offenses against the United States committed in that system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency.
"(c) The Secretary of the Interior is hereby authorized todesignate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of that agency or that State or subdivision, to act as special policemen in areas of the National Park System when supplemental law enforcement personnel may be needed, and to exercise the powers and authority provided by paragraphs (1), (2), and (3) of subsection (b) of this section;
GENERAL LEGISLATION"(2) cooperate, within the National Park System, with any State or political subdivision thereof in the enforcement of supervision of the laws or ordinances of that State or subdivision; and "(3) provide limited reimbursement, to a State or its political subdivisions, in accordance with such regulations as he may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the system, for expenditures incurred in connection with its activities within that system which were rendered pursuant to paragraph (1) of this subsection.
"(4) the authorities provided by this subsection shall supplement the law enforcement responsibilities of the National Park Service, and shall not authorize the delegation of law enforcement responsibilities of the agency to State and local governments.
"(d) (1) Except as otherwise provided in this subsection, a law enforcement officer of any State or political subdivision thereof designated to act as a special policeman under subsection (c) of this section shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including, but not limited to, those relating to hours of work, rates of compensation; leave, unemployment compensation, and Federal benefits.
"(2) For purposes of the tort claim provisions of title 28, United States Code, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section, be considered a Federal employee.
"(3) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section be deemed a civil service employee of the United States within the meaning of the term 'employee' as defined in section 8101 of title 5, and the provisions of that subchapter shall apply.
"(e) Nothing contained in this Act shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the National Park Service, and nothing shall be construed or applied to affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction within the National Park System.
"SEC. 11. Section 101(a) oftitle I of Public Law 89-655 (80 Stat. 915; 16 U.S.C. 470a), is amended by adding
thereto a new paragraph to read as follows:
"'(4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he deterNATIONAL PARK SERVICE LAWS mines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects.'.
uSEC. 12. (a) Not later than January 15 of each calendar year, the Secretary of the Interior shall transmit to the Committees on Interior and Insular Affairs a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System consistent with the general management plans required in subsection (b) of this section.
U(b) General management plans for the development of each unit of the National Park System, including the areas within the national capital region, shall be prepared by the Director of the National Park Service and transmitted to the Committees on Interior and Insular
Affairs. Such plans shall include:
U(1) the facilities which the Director finds necessary to accommodate the health, safety, and recreation needs of the visiting public, including such facilities as he may deem appropriate to provide in accordance with the provisions of the Act of October 9, 1965 (79 Stat. 969);
U(2) the location and estimated cost of all such facilities; and U(3) the projected need for any additional facilities required for such unit.