16 U.S.C. § 410ff–3: Administration

Summary

The Secretary of the Interior must run the park under the national park law and may use available conservation powers to protect wildlife and natural and cultural resources. The park must be managed with low visitor levels and strict entry limits. Because the resources are fragile, visitor use must be kept low so there is negligible harm, and the Secretary must set visitor carrying capacities. Within three full fiscal years after March 5, 1980, the Secretary must send a comprehensive general management plan to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources under section 100502 of Title 54. The plan must be developed with The Nature Conservancy and the State of California, include alternatives for a public transportation link to the mainland worked out with California and the Secretary of Transportation, get scientific advice, hold public hearings in Ventura and Santa Barbara Counties, and have any marine-mammal parts prepared by the Secretary of Commerce in consultation with the Secretary and California.

Title 16, §410ff–3

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary of the Interior; low-intensity, limited-entry basis for administration

Subject to the provisions of section 410ff of this title, the Secretary shall administer the park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.). In the administration of the park, the Secretary may utilize such statutory authority available for the conservation and management of wildlife and natural and cultural resources as he deems appropriate to carry out the purposes of this subchapter. The park shall be administered on a low-intensity, limited-entry basis.

(b)Limited visitor use; establishment of appropriate visitor carrying capacities

In recognition of the special fragility and sensitivity of the park’s resources, it is the intent of Congress that the visitor use within the park be limited to assure negligible adverse impact on the park resources. The Secretary shall establish appropriate visitor carrying capacities for the park.

(c)Comprehensive general management plan

(1)Within three complete fiscal years from March 5, 1980, the Secretary, in consultation with The Nature Conservancy and the State of California, shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive general management plan for the park, pursuant to criteria stated in the provisions of section 100502 of title 54. Such plan shall include alternative considerations for the design and operation of a public transportation system connecting the park with the mainland, with such considerations to be developed in cooperation with the State of California and the Secretary of Transportation. The Secretary shall seek the advice of the scientific community in the preparation of said plan, and conduct hearings for public comment in Ventura and Santa Barbara Counties.

(2)Those aspects of such a plan which relate to marine mammals shall be prepared by the Secretary of Commerce, in consultation with the Secretary and the State of California.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. Codification In subsec. (c)(1), “section 100502 of title 54” substituted for “section 12(b) of the Act of

August 18, 1970 (84 Stat. 825), as amended (16 U.S.C. 1a–1 et seq.)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§410ff–3 Administration