§ 1. — Service created; director; other employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 1. Service created; director; other employees
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.
(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.)
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.
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 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.
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''.
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.
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.
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, 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.