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54 U.S.C. § 100507 — Additional areas for System

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 1,229 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lays out how the Park Service finds and studies new areas for the National Park System. The Secretary must monitor areas whose resources are nationally significant and that may have potential for inclusion in the System, publish yearly lists of study candidates and areas with known or anticipated damage or threats, and complete each formal study within three years with public input. Congress must specifically authorize any study, and the law sets yearly funding caps for these studies and monitoring.

(a) Monitoring Areas for Inclusion in System. The Secretary must investigate, study, and keep watching the condition of areas whose resources are nationally significant and that might be added to the System someday.

(b) Submission of List of Areas Recommended for Study for Potential Inclusion.
(1) When list is to be submitted. At the start of each calendar year, along with the annual budget, the Secretary must send the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources a list of areas recommended for study.
(2) Factors to be considered. In building that list, the Secretary considers: (A) which areas best meet the established tests of national significance, suitability, and feasibility; (B) themes, sites, and resources not already well represented in the System; and (C) public petitions and congressional resolutions.
(3) Accompanying synopsis. Along with the yearly list, the Secretary must include, for each area reported before, a short update on the current and changed condition of its resources and other relevant facts — covering the year since the last report, based on ongoing monitoring.
(4) Congressional authorization required. No study of whether an area should be added to the System can start unless a specific Act of Congress authorizes it.
(5) Authority to conduct certain activities not limited. This section, along with sections 100901(b), 101702(b) and (c), and 102102 of this title, does not stop the Service from doing preliminary resource assessments, gathering data on possible study areas, giving technical and planning help, preparing nominations for administrative designations, updating old studies, or doing quick surveys of individual areas that cost less than $25,000 total.
(6) Study of rivers or trails not affected. This section does not apply to, change, or limit the separate study process for (A) a river segment being considered for the national wild and scenic rivers system, or (B) a trail being considered for the national trails system.

(c) Study of Areas for Potential Inclusion.
(1) Study to be completed within 3 years. The Secretary must finish the study of each area within 3 full fiscal years after money is first available for that study.
(2) Opportunity for public involvement required. Each study must include real chances for public involvement — at least one public meeting near the area — and reasonable efforts to notify landowners and state and local governments who might be affected.
(3) Considerations. In doing the study, the Secretary considers whether the area (A) has nationally significant natural or cultural resources and is one of the best examples of its type in the country, and (B) is a suitable and workable addition to the System.
(4) Scope of study. Each study: (A) about the area itself, must look at how rare and intact its resources are; the threats to those resources; whether similar resources are already protected elsewhere; potential for public use; potential for teaching and interpretation; the costs of acquiring, developing, and running the site; the economic and social effects of adding it; how much local and general public support there is; and whether the area's shape and layout allow for long-term protection and visitor use; (B) must consider whether the Service itself should manage the area, or whether another public agency or the private sector should protect it instead; (C) must identify, in the Director's professional judgment, which option or combination of options would best and most efficiently protect the resources and let the public enjoy them; and (D) may include any other information the Secretary thinks is relevant.
(5) Compliance with National Environmental Policy Act of 1969. Each study must follow the National Environmental Policy Act of 1969.
(6) Recommendation of preferred management option. The letter sending the finished study to Congress must recommend the Secretary's preferred management option.

(d) List of Areas Previously Studied.
(1) Submission of list. At the start of each calendar year, with the annual budget, the Secretary must send the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, ranked by priority: (A) a list of previously studied areas that are mainly historical, and (B) a list of previously studied areas that are mainly natural.
(2) Considerations. In building these lists, the Secretary should weigh threats to the resources, rising costs, and the other factors listed in subsection (c).
(3) Areas eligible for inclusion. The Secretary should only list areas whose supporting data is current and accurate.

(e) List of Areas That Exhibit Danger or Threats to the Integrity of Their Resources. At the start of each fiscal year, the Secretary must send the Speaker of the House and the President of the Senate a complete, up-to-date list of every area on the Registry of Natural Landmarks, and every nationally significant area on the National Register of Historic Places, that shows known or expected damage or threats. The list must include notes about the nature and severity of the damage or threats.

(f) Reports and Listings Printed as House Documents. Every report and yearly list under this section must be printed as a House document. But if enough copies of an identical earlier report are still available, a newly submitted identical report can skip printing — this happens once the Speaker of the House gets a joint letter from the chairs of the House Natural Resources Committee and the Senate Energy and Natural Resources Committee saying so.

(g) Designation of Office. The Secretary must name one single office to prepare all new area studies and carry out this section's other duties.

(h) Authorization of Appropriations.
(1) Studies of potential new system units and monitoring the welfare of system unit resources. To pay for studying potential new units and monitoring historical and natural resources under subsection (d)(1)(A) and (B), Congress may appropriate up to $1,000,000 each fiscal year.
(2) Monitoring welfare and integrity of national landmarks. To monitor the condition of national landmarks, Congress may appropriate up to $1,500,000 each fiscal year.
(3) Carrying out subsections (b), (c), and (g). To carry out subsections (b), (c), and (g), Congress may appropriate $2,000,000 each fiscal year.

the actual law source: uscode.house.gov ↗public domain
(a)Monitoring Areas for Inclusion in System.—

The Secretary shall investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for inclusion in the System.

(b)Submission of List of Areas Recommended for Study for Potential Inclusion.—
(1)When list is to be submitted.—

At the beginning of each calendar year, with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of areas recommended for study for potential inclusion in the System.

(2)Factors to be considered.—

In developing the list to be submitted under this subsection, the Secretary shall consider—

(A)

the 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 System; and

(C)

public petitions and Congressional resolutions.

(3)Accompanying synopsis.—

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 submission or initial report submission one year earlier.

(4)Congressional authorization required.—

No study of the potential of an area for inclusion in the System may be initiated except as provided by specific authorization of an Act of Congress.

(5)Authority to conduct certain activities not limited.—

This section and sections 100901(b), 101702(b) and (c), and 102102 of this title do not limit the authority of the 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.

(6)Study of rivers or trails not affected.—

This section does not apply to or affect or alter the study of—

(A)

any river segment for potential addition to the national wild and scenic rivers system; or

(B)

any trail for potential addition to the national trails system.

(c)Study of Areas for Potential Inclusion.—
(1)Study to be completed within 3 years.—

The Secretary shall complete the study for each area for potential inclusion in the System within 3 complete fiscal years following the date on which funds are first made available for that purpose.

(2)Opportunity for public involvement required.—

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.

(3)Considerations.—

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.

(4)Scope of study.—

Each study—

(A)

with regard to the area being studied, shall consider—

(i)

the rarity and integrity of the resources;

(ii)

the threats to those resources;

(iii)

whether similar resources are already protected in the 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 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 be most effective and efficient in protecting significant resources and providing for public enjoyment; and

(D)

may include any other information that the Secretary considers to be relevant.

(5)Compliance with national environmental policy act of 1969.—

Each study shall be completed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(6)Recommendation of preferred management option.—

The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary’s preferred management option for the area.

(d)List of Areas Previously Studied.—
(1)Submission of list.—

At the beginning of each calendar year, with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, in numerical order of priority for addition to the System—

(A)

a list of areas that have been previously studied that contain primarily historical resources; and

(B)

a list of areas that have been previously studied that contain primarily natural resources.

(2)Considerations.—

In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c).

(3)Areas eligible for inclusion.—

The Secretary should include on the lists only areas for which the supporting data are current and accurate.

(e)List of Areas That Exhibit Danger or Threats to the Integrity of Their Resources.—

At the beginning of each fiscal year, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a complete and current list of all areas listed on the Registry of Natural Landmarks, and areas of national significance listed on the National Register of Historic places, that exhibit known or anticipated damage or threats to the integrity of their resources, with notations as to the nature and severity of the damage or threats.

(f)Reports and Listings Printed as House Documents.—

Each report and annual listing described in this section shall be printed as a House document. If adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing on receipt by the Speaker of the House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the House of Representatives and the chairman of the Committee on Energy and Natural Resources of Senate indicating that to be the case.

(g)Designation of Office.—

The Secretary shall designate a single office to prepare all new area studies and to implement other functions under this section.

(h)Authorization of Appropriations.—
(1)Studies of potential new system units and monitoring the welfare of system unit resources.—

To carry out studies for potential new System units and for monitoring the welfare of historical and natural resources referred to in subparagraphs (A) and (B) of subsection (d)(1), there is authorized to be appropriated not more than $1,000,000 for each fiscal year.

(2)Monitoring welfare and integrity of national landmarks.—

To monitor the welfare and integrity of the national landmarks, there is authorized to be appropriated not more than $1,500,000 for each fiscal year.

(3)Carrying out subsections (b), (c), and 1 (g).—

To carry out subsections (b), (c), and (g), there is authorized to be appropriated $2,000,000 for each fiscal year.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3102.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3102

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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