[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 16USC1a-1]
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
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, Sec. 1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95-250,
title I, Sec. 101(b), Mar. 27, 1978, 92 Stat. 166.)
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 As originally enacted, Pub.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.
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.
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, 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, Hawaii
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.''
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