[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 As originally enacted, Pub.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.''


Return to United States Code


NPC Menu Bar NPC Home Page Support NPC Ask NPC Search the NPC Home Page NPC QuietNet NPC Resources NPC Hearing Loss and Occupational Noise Library NPC Noise News NPC Law Library NPC Library