§ 1a-5. — Additional areas for National Park System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1a-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 1a-5. Additional areas for National Park System
(a) General authority
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. Accompanying the annual listing
of areas shall be a synopsis, for each report previously submitted, of
the current and changed condition of the resource integrity of the area
and other relevant factors, compiled as a result of continual periodic
monitoring and embracing the period since the previous such submission
or initial report submission one year earlier. 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: Provided, That should adequate supplies of
previously printed identical reports remain available, newly submitted
identical reports shall be omitted from printing upon the receipt by the
Speaker of the United States House of Representatives of a joint letter
from the chairman of the Committee on Natural Resources of the United
States House of Representatives and the chairman of the Committee on
Energy and Natural Resources of the United States Senate indicating such
to be the case.
(b) Studies of areas for potential addition
(1) At the beginning of each calendar year, along with the annual
budget submission, the Secretary shall submit to the Committee on
Resources of the House of Representatives and to the Committee on Energy
and Natural Resources of the United States Senate a list of areas
recommended for study for potential inclusion in the National Park
System.
(2) In developing the list to be submitted under this subsection,
the Secretary shall consider--
(A) those areas that have the greatest potential to meet the
established criteria of national significance, suitability, and
feasibility;
(B) themes, sites, and resources not already adequately
represented in the National Park System; and
(C) public petition and Congressional resolutions.
(3) No study of the potential of an area for inclusion in the
National Park System may be initiated after November 13, 1998, except as
provided by specific authorization of an Act of Congress.
(4) Nothing in this Act shall limit the authority of the National
Park Service to conduct preliminary resource assessments, gather data on
potential study areas, provide technical and planning assistance,
prepare or process nominations for administrative designations, update
previous studies, or complete reconnaissance surveys of individual areas
requiring a total expenditure of less than $25,000.
(5) Nothing in this section shall be construed to apply to or to
affect or alter the study of any river segment for potential addition to
the national wild and scenic rivers system or to apply to or to affect
or alter the study of any trail for potential addition to the national
trails system.
(c) Report
(1) The Secretary shall complete the study for each area for
potential inclusion in the National Park System within 3 complete fiscal
years following the date on which funds are first made available for
such purposes. Each study under this section shall be prepared with
appropriate opportunity for public involvement, including at least one
public meeting in the vicinity of the area under study, and after
reasonable efforts to notify potentially affected landowners and State
and local governments.
(2) In conducting the study, the Secretary shall consider whether
the area under study--
(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples of a
particular resource type in the country; and
(B) is a suitable and feasible addition to the system.
(3) Each study--
(A) shall consider the following factors with regard to the area
being studied--
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) similar resources are already protected in the
National Park System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development and
operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration to
ensure long-term resource protection and visitor use;
(B) shall consider whether direct National Park Service
management or alternative protection by other public agencies or the
private sector is appropriate for the area;
(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the Director of
the National Park Service be most effective and efficient in
protecting significant resources and providing for public enjoyment;
and
(D) may include any other information which the Secretary deems
to be relevant.
(4) Each study shall be completed in compliance with the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(5) The letter transmitting each completed study to Congress shall
contain a recommendation regarding the Secretary's preferred management
option for the area.
(d) New area study office
The Secretary shall designate a single office to be assigned to
prepare all new area studies and to implement other functions of this
section.
(e) List of areas
At the beginning of each calendar year, along with the annual budget
submission, the Secretary shall submit to the Committee on Resources of
the House of Representatives and to the Committee on Energy and Natural
Resources of the Senate a list of areas which have been previously
studied which contain primarily historical resources, and a list of
areas which have been previously studied which contain primarily natural
resources, in numerical order of priority for addition to the National
Park System. In developing the lists, the Secretary should consider
threats to resource values, cost escalation factors, and other factors
listed in subsection (c) of this section. The Secretary should only
include on the lists areas for which the supporting data is current and
accurate.
(f) Authorization of appropriations
For the purposes of carrying out the studies for potential new Park
System units and for monitoring the welfare of those resources, there
are authorized to be appropriated annually not to exceed $1,000,000. For
the purposes of monitoring the welfare and integrity of the national
landmarks, there are authorized to be appropriated annually not to
exceed $1,500,000. For carrying out subsections (b) through (d) of this
section there are authorized to be appropriated $2,000,000 for each
fiscal year.
(Pub. L. 91-383, Sec. 8, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976,
90 Stat. 1940; amended Pub. L. 95-625, title VI, Sec. 604(1), Nov. 10,
1978, 92 Stat. 3518; Pub. L. 96-199, title I, Sec. 104, Mar. 5, 1980, 94
Stat. 68; Pub. L. 96-344, Sec. 8, Sept. 8, 1980, 94 Stat. 1135; Pub. L.
103-437, Sec. 6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104-333, div.
I, title VIII, Sec. 814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L.
105-391, title III, Sec. 303, Nov. 13, 1998, 112 Stat. 3501.)
References in Text
This Act, referred to in subsec. (b)(4), 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.
The National Environmental Policy Act of 1969, referred to in
subsec. (c)(4), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-391, Sec. 303(1), (2), inserted
heading and struck out after first sentence ``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.
Each such report shall indicate and elaborate on the theme(s) which the
area represents as indicated in the National Park System Plan. 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 escalation factors shall be
considered in listing the order of importance 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 included in the
National Park System.''
Pub. L. 105-391, Sec. 303(3), redesignated last two sentences as
subsec. (f).
Subsecs. (b) to (e). Pub. L. 105-391, Sec. 303(4), added subsecs.
(b) to (e).
Subsec. (f). Pub. L. 105-391, Sec. 303(3), (5), redesignated last
two sentences of subsec. (a) as (f), inserted heading, and inserted at
end ``For carrying out subsections (b) through (d) of this section there
are authorized to be appropriated $2,000,000 for each fiscal year.''
1996--Subsec. (b). Pub. L. 104-333 struck out subsec. (b) which read
as follows: ``The Secretary shall submit to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate, a
comprehensive, `National Park System Plan', which document shall
constitute a professional guide for the identification of natural and
historic themes of the United States, and from which candidate areas can
be identified and selected to constitute units of the National Park
System. Such plan shall be revised and updated annually.''
1994--Subsec. (a). Pub. L. 103-437, Sec. 6(b)(1), substituted
``Natural Resources'' for ``Interior and Insular Affairs'' after
``Committee on''.
Subsec. (b). Pub. L. 103-437, Sec. 6(b)(2), substituted ``The
Secretary shall submit to the Committee on Natural Resources'' for
``Within six months of March 5, 1980, the Secretary shall submit to the
Committee on Interior and Insular Affairs''.
1980--Subsec. (a). Pub. L. 96-344 inserted provisions requiring that
each report indicate and elaborate on the theme or themes which the area
represents as indicated in the National Park System Plan and the annual
priority listing of areas be accomplished by a synopsis, for each report
previously submitted, of current and changed conditions of the resource
integrity of the area or other relevant factors, to cover the period
since the previous such submission or initial report submission one year
earlier.
Pub. L. 96-199, Sec. 104(a), (b), designated existing provisions as
subsec. (a) and inserted provision that should adequate supplies of
previously printed identical reports remain available, newly submitted
identical reports shall be omitted from printing upon the receipt by the
Speaker of the United States House of Representatives of a joint letter
from the chairman of the Committee on Interior and Insular Affairs of
the United States House of Representatives and the chairman of the
Committee on Energy and Natural Resources of the United States Senate
indicating such to be the case.
Subsec. (b). Pub. L. 96-199, Sec. 104(b), added subsec. (b).
1978--Pub. L. 95-625 authorized annual appropriations of $1,000,000
for studies for potential new Park System units and for monitoring the
welfare of those resources and $1,500,000 for monitoring the welfare and
integrity of the national landmarks.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
National Park Service Studies
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 326], Nov.
29, 1999, 113 Stat. 1535, 1501A-194, provided that:
``(a) Short Title.--This section may be cited as the `National Park
Service Studies Act of 1999'.
``(b) Authorization of Studies.--
``(1) In general.--The Secretary of the Interior (`the
Secretary') shall conduct studies of the geographical areas and
historic and cultural themes described in subsection (b)(3) to
determine the appropriateness of including such areas or themes in
the National Park System.
``(2) Criteria.--In conducting the studies authorized by this
Act, the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System in accordance with
section 8 of Public Law 91-383 [16 U.S.C. 1a-5], as amended by
section 303 of the National Parks Omnibus Management Act (Public Law
105-391; 112 Stat. 3501) [16 U.S.C. 1a-5].
``(3) Study areas.--The Secretary shall conduct studies of the
following:
``(A) Anderson Cottage, Washington, District of Columbia.
``(B) Bioluminescent Bay, Puerto Rico.
``(C) Civil Rights Sites, multi-State.
``(D) Crossroads of the American Revolution, Central New
Jersey.
``(E) Fort Hunter Liggett, California.
``(F) Fort King, Florida.
``(G) Gaviota Coast Seashore, California.
``(H) Kate Mullany House, New York.
``(I) Loess Hills, Iowa.
``(J) Low Country Gullah Culture, multi-State.
``(K) Nan Madol, State of Ponape, Federated States of
Micronesia (upon the request of the Government of the Federated
States of Micronesia).
``(L) Walden Pond and Woods, Massachusetts.
``(M) World War II Sites, Commonwealth of the Northern
Marianas.
``(N) World War II Sites, Republic of Palau (upon the
request of the Government of the Republic of Palau).
``(c) Reports.--The Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a report on the findings,
conclusions, and recommendations of each study under subsection (b)
within three fiscal years following the date on which funds are first
made available for each study.''
Purpose of 1998 Amendment
Pub. L. 105-391, title III, Sec. 302, Nov. 13, 1998, 112 Stat. 3501,
provided that: ``It is the purpose of this title [amending this section
and enacting provisions set out as a note under section 1 of this title]
to reform the process by which areas are considered for addition to the
National Park System.''
Revolutionary War and War of 1812 Historic Preservation Study
Section 603 of title VI of div. I of Pub. L. 104-333, as amended by
Pub. L. 106-176, title I, Sec. 114, Mar. 10, 2000, 114 Stat. 27, enacted
the Revolutionary War and War of 1812 Historic Preservation Study Act of
1996 which made congressional findings as to importance of such
preservation study, defined various terms, directed Secretary of the
Interior as to preparation of, matters to be included in, consultation
with respect to, and report concerning such study, and authorized
appropriations.
Lower Mississippi Delta Region Initiatives
Pub. L. 103-433, title XI, Oct. 31, 1994, 108 Stat. 4512, directed
Secretary of the Interior, in consultation with Delta Region States, the
Lower Mississippi Delta Development Center, the Chairs of the National
Endowment for the Arts and the National Endowment for the Humanities,
the Director of the Smithsonian Institution, Historically Black Colleges
and Universities, State Archaeological Surveys and Regional
Archaeological Centers and other appropriate institutions, to prepare
and transmit to Congress a series of studies involving Delta Region
heritage particularly development of Delta Region Corridors and Heritage
and Cultural Centers, preservation of historic and prehistoric sites and
structures, Delta antiquities survey, and comprehensive historic and
archaeological resources program.
Boston Harbor Islands Study
Pub. L. 102-525, title V, Sec. 501, Oct. 26, 1992, 106 Stat. 3442,
directed Secretary of the Interior to study within one year after Oct.
26, 1992, opportunities for National Park Service to promote
conservation and use by the public of Boston Harbor Islands, and in so
doing to consult local governmental authorities, to evaluate suitability
of establishing Boston Harbor Islands as unit of National Park System,
to assess tourism and public education opportunities of management in
conjunction with nearby units of National Park System, to evaluate
possible transportation links with those units, and to submit, not later
than one year after Oct. 26, 1992, a report of findings, conclusions,
and recommendations to Congress.
National Historic Landmark Theme Study on American Labor History
Pub. L. 102-101, Aug. 17, 1991, 105 Stat. 493, directed Secretary of
the Interior, in consultation with workers, workers' representatives,
scholars, and preservationists, and under cooperative agreements with
scholarly and public historic organizations, to prepare and transmit to
Congress, within 3 years of date of funding, a theme study to identify
key sites in American labor history, to nominate districts, sites, etc.,
as national historic landmarks, to identify possible new park units, and
to prepare a list of the most appropriate sites, and authorized
appropriations of $250,000 to carry out study.
African-American History Landmark Theme Study
Pub. L. 102-98, Aug. 17, 1991, 105 Stat. 485, directed Secretary of
the Interior, in consultation with scholars and preservationists, and
under cooperative agreements with scholarly and public historic
organizations, to prepare and transmit to Congress, within 3 years of
date of funding, a theme study to identify key sites in history and
experience of African-Americans, to nominate districts, sites, etc. as
national historic landmarks, to identify possible new park units, and to
prepare a list of most appropriate sites, and authorized appropriations
of $500,000 to carry out study.
Niobrara-Buffalo Prairie National Park Study
Pub. L. 102-50, Sec. 8, May 24, 1991, 105 Stat. 257, directed
Secretary of the Interior to study within 18 months after May 24, 1991,
feasibility and suitability of establishing Niobrara-Buffalo Prairie
National Park in Nebraska, including assessment of significance of
natural, cultural, historic, scenic, and recreational resources and
study of feasibility of managing the area by various methods, in
consultation with appropriate Federal agencies, Nature Conservancy, and
Nebraska Game and Parks Commission, and directed Secretary to submit
study to Congress, prior to repeal by Pub. L. 105-362, title IX,
Sec. 901(g)(1), Nov. 10, 1998, 112 Stat. 3290.
Underground Railroad Study
Pub. L. 101-628, title VI, Nov. 28, 1990, 104 Stat. 4495, directed
Secretary of the Interior to conduct a study of alternatives for
commemorating the Underground Railroad in order to preserve and protect
this aspect of American history, directed preparation of an interpretive
handbook on the Underground Railroad in larger context of American
antebellum society, including history of slavery and abolitionism, and
authorized establishment of Underground Railroad Advisory Committee to
meet and consult with Secretary on matters relating to the study.
Civil War and Other Studies
Pub. L. 101-628, title XII, Secs. 1201-1210, Nov. 28, 1990, 104
Stat. 4503-4507, as amended by Pub. L. 102-166, title V, Sec. 501, Nov.
21, 1991, 105 Stat. 1100, provided that title XII of Pub. L. 101-628
could be cited as the ``Civil War Sites Study Act of 1990'', directed
Secretary of the Interior to prepare a study of Shenandoah Valley Civil
War sites in order to obtain information on significance of such sites,
threats to their integrity, and alternatives for their preservation,
authorized establishment of Civil War Sites Advisory Commission,
directed such Commission to prepare a study of historically significant
sites other than Shenandoah Valley Civil War sites, and directed
Secretary to undertake a complete revision of National Park Service
``Thematic Framework'' to reflect current scholarship on American
history and culture, historic and prehistoric archeology, and
architecture.
Report to Congress on Criteria for Inclusion as Affiliated Area of
National Park System
Pub. L. 100-336, Sec. 2, June 17, 1988, 102 Stat. 617, directed
Secretary, in consultation with interested conservation, professional,
and park management organizations and individuals, to prepare and submit
to Committee on Interior and Insular Affairs of House of Representatives
and Committee on Energy and Natural Resources of Senate a report of
criteria for elements of national significance and other factors
necessary for a proposed area to be considered appropriate for inclusion
as an affiliated area of National Park System including an analysis of
applicability to Wildlife Prairie Park, this report to address
responsibilities to be required of operators of an affiliated area and
responsibilities of National Park Service to any such designated area,
with report to be submitted not later than two years from June 17, 1988,
and to provide recommendations by Secretary of the Interior including
but not limited to how criteria for national significance and other
factors should be made applicable to future proposed affiliated areas,
when such areas are considered by the Secretary, and any criteria or
procedures for such considerations by Congress including recommendations
for legislative action.
Study of Historical Camden, South Carolina, Regarding Establishment as
Unit of National Park System; Transmittal to President and Congressional
Committees
Pub. L. 95-629, title IV, Sec. 401, Nov. 10, 1978, 92 Stat. 3640,
directed Secretary of the Interior to prepare and transmit to President,
Committee on Interior and Insular Affairs of House of Representatives,
and Committee on Energy and Natural Resources of Senate a study of
Historical Camden, consisting of approximately ninety acres of land in
Camden, South Carolina, to determine feasibility and desirability of
establishing such area as a unit of the National Park System, with study
to be transmitted not later than two years following date on which funds
are appropriated for study and to include cost estimates for any
necessary acquisition, development, operation and maintenance, as well
as any alternatives for administration and protection of area.
Crow Creek Village Archeological Site, South Dakota; Feasibility/
Suitability Study; Transmittal to Congressional Committees; Cost
Estimates; Site Preservation
Section 512 of Pub. L. 95-625 directed Secretary to prepare and
transmit to Committee on Energy and Natural Resources of Senate and
Committee on Interior and Insular Affairs of House of Representatives
within two years from Nov. 10, 1978, a feasibility/suitability study of
Crow Creek Village archeological site, Buffalo County, South Dakota, as
a unit of National Park System, including cost estimates for any
necessary acquisition, development, operation and maintenance, as well
as any feasible alternatives for administration and protection of area,
including, but not limited to, Federal financial and technical
assistance to State of South Dakota, Buffalo County or other suitable
entity, and directed Secretary of the Army to take such actions as may
be necessary to preserve and protect such site from any adverse impact
on site and to refrain from any activities which might cause such impact
until two years from date of submission of study by Secretary.
Ridgelands Area Study; Consultation and Coordination; Report to
President and Congress; Authorization of Appropriations
Section 602 of Pub. L. 95-625 directed Secretary to study
feasibility and desirability of establishing Ridgelands area east of San
Francisco Bay as a unit of National Park System, to consult with other
Federal, State, and local agencies in conduct of this study, to
coordinate this study with applicable local and State plans and planning
activities relating to Ridgelands, and to report findings and
recommendations to President and Congress not later than one year after
Nov. 10, 1978.
Oak Creek Canyon, Yavapai, Soldiers Wash-Mormon Canyon, and Chiricahua
National Monument, Arizona; Studies by Secretaries of the Interior and
Agriculture
Section 605 of Pub. L. 95-625 directed Secretary, in cooperation
with Secretary of Agriculture where national forest lands are involved,
to conduct a study to determine suitable boundaries for Oak Creek
Canyon, Yavapai, Soldiers Wash-Mormon Canyon areas in Arizona as a unit
or units of National Park System, and to conduct a study of boundary of
Chiricahua National Monument, Arizona, to determine appropriate location
of a boundary line for additions to monument, with both reports to be
submitted by Secretary to Committee on Interior and Insular Affairs of
House of Representatives and Committee on Energy and Natural Resources
of Senate not later than one year following date on which funds are
appropriated for purpose of study.
Irvine Coast-Laguna, California Study
Section 608 of Pub. L. 95-625 directed Secretary to study
feasibility and desirability of establishing Irvine Coast-Laguna beach
area as a unit of National Park System, to consult with other Federal,
State, and local agencies in conduct of this study, and to report
findings and recommendations to President and Congress within six months
after Nov. 10, 1978.
Section Referred to in Other Sections
This section is referred to in section 410ggg-2 of this title.
