PRIA, Government Policy, Made Personal

Summary

Public facilities, services, and visitor areas in National Park units must be provided only with careful controls to stop unregulated or random use. Congress found those controls are needed so visits do not damage park resources and so new development is placed where it best protects the unit’s resources and values. The policy is that any public development in a park unit must be needed for people to use and enjoy the place and must, as much as possible, be consistent with protecting and conserving the unit’s resources and values.

Title 54, §101912

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)Findings.—

In furtherance of section 100101(a), Congress finds that the preservation and conservation of System unit resources and values requires that public accommodations, facilities, and services that have to be provided within those System units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that—

(1)visitation will not unduly impair those resources and values; and

(2)development of public accommodations, facilities, and services within System units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System units.

(b)Declaration of Policy.—

It is the policy of Congress that the development of public accommodations, facilities, and services in System units shall be limited to accommodations, facilities, and services that—

(1)are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and

(2)are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10191216 U.S.C. 5951.Pub. L. 105–391, title IV, § 402, Nov. 13, 1998, 112 Stat. 3503. In subsection (a), the words “section 100101(a)” are substituted for “section 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations” to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated.

Statutory Notes and Related Subsidiaries

Repeal of National Park Service Concessions Policy Act;

Savings Provision

Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: “Public Law 89–249 (commonly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall not affect the validity of any concessions contract or permit entered into under such Act, but the provisions of this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in section 101911 et seq. and 101524 of this title, amending former section 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and section 100101 and 101911 of this title] shall apply to any such contract or permit except to the extent such provisions are inconsistent with the terms and conditions of any such contract or permit. References in this title to concessions contracts awarded under authority of such Act also apply to concessions permits awarded under such authority.”

§101912 Findings and Declaration of Policy