
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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, known 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.
