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§ 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. The Secretary of the Interior shall appoint the director, and 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, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

CODIFICATION

Provisions relating to the pay of the Director and other employees have been omitted as the pay of the Director is prescribed by section 5316 of Title 5, Government Organization and Employees, and the pay of the other employees is fixed pursuant to chapter 51 and subchapter III of chapter 53 of Title 5.

CHANGE OF NAME

Office of National Parks, Buildings, and Reservations designated National Park Service by act Mar. 2, 1934, ch. 38, § 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-141, § 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 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, § 1, Nov. 10, 1978, 92 Stat. 3467, provided that: "This Act [enacting chapter 45 and sections 45f, 230 to 230i, 241g, 396d, 410y-la, 441e-1, 459c-6b, 460m-15 to 460m-25, 460kk, 471i, and 1285a of this title, amending sections la-5, la-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, 4591-9, 4601-8, 460m-14, 4600-1, 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, 43000, 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 la-1 to la-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, §§ 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, § 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. Section 103 is classified to section 753 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, §§ 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, § 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 Na

tional 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 De-
partment.

NATIONAL PARK POLICE DRUG ENFORCEMENT
SUPPLEMENTAL AUTHORITY ACT

Pub. L. 99-570, title V, subtitle B (§§ 5051, 5052), Oct. 27, 1986, 100 Stat. 3207-156, as amended by Pub. L. 100-690, title VI, § 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, § 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.

CROSS REFERENCES

Uniform application of this section to all areas of national park system when not in conflict with specific provisions applicable to an area, see section 1c of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a-1, 1c, 3, 4, 20, 201, 21b, 451, 791, 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, 410, 410mm-1, 410nn-1, 41000-3, 410pp-2, 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, 423h-2, 4231, 4230, 426m, 428d-3, 4280, 429a-2, 430m, 430w, 430cc, 430hh, 43011, 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, 45000-9, 450pp-1, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 4591-5, 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, 467b, 698c, 6981, 698n, 698r, 1133, 1902, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 319c, 803, 804; title 48 section 1705.

§ 1a. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948

Section, act June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to residence of United States Commissioners [now magistrate judges].

§ 1a-1. National Park System: administration; declaration of findings and purpose

Congress declares that the national park
system, which began with establishment of Yel-
lowstone 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 pos-
sessions; that these areas, though distinct in
character, are united through their inter-relat-
ed purposes and resources into one national
park system as cumulative expressions of a
single national heritage; that, individually and
collectively, these areas derive increased nation-
al dignity and recognition of their superb envi-
ronmental 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 clar-
ify the authorities applicable to the system.
Congress further reaffirms, declares, and di-
rects that the promotion and regulation of the
various areas of the National Park System, as
defined in section 1c of this title, shall be con-
sistent with and founded in the purpose estab-
lished by section 1 of this title, to the common
benefit of all the people of the United States.
The authorization of activities shall be con-
strued and the protection, management, and
administration of these areas shall be conduct-
ed in light of the high public value and integri-
ty of the National Park System and shall not be
exercised in derogation of the values and pur-
poses for which these various areas have been
established, except as may have been or shall
be directly and specifically provided by Con-
gress.

(Pub. L. 91-383, § 1, Aug. 18, 1970, 84 Stat. 825;
Pub. L. 95-250, title I, § 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 Au

thorities 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 la-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, § 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 be

lieves 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 surveil

lance, 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) REPORTt 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 federallyowned land."

[blocks in formation]

be allowed necessary travel expenses as authorized by section 5703 of title 5;

(d) Park equipment purchases

Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment;

(e) Services, resources, or water contracts

Enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved, if such person, State, or its political subdivision

(1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and

(2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water;

(f) Vehicular air-conditioning

Acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged; (g) Exhibits and demonstrations; sale of products and services; contracts and cooperative arrangements; credits to appropriation

Sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. 471 et seq.), products and services produced in the conduct of living exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooperative arrangements with respect to such living exhibits and interpretive demonstrations and park programs, and to credit the proceeds therefrom to the appropriation bearing the cost of such exhibits and demonstrations;

(h) Regulations; promulgation and enforcement

Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States;

(i) United States Park Police and other National Park Service employees; meals and lodging Provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employ

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