National Park Service & the National Park System

The National Park Service (NPS) — established by the National Park Service Organic Act of 1916 and currently codified at 54 U.S.C. Chapter 1001 — manages 433 units covering approximately 85 million acres across all 50 states, DC, and the territories, including national parks, monuments, historic sites, parkways, scenic trails, recreation areas, and seashores. The NPS mission — to conserve natural and cultural resources "unimpaired for the enjoyment of future generations" — creates inherent tension between the dual mandates of preservation and public access, a tension that plays out in debates over commercial development, off-road vehicles, livestock grazing, extractive activities, and visitor capacity limits. National parks drew approximately 325 million visits in 2023, generating an estimated $26 billion in economic activity in surrounding gateway communities. The park system is chronically underfunded relative to visitor demand: the NPS deferred maintenance backlog reached $23 billion by 2024, covering deteriorating roads, bridges, visitor facilities, and historic structures. The Great American Outdoors Act (2020) provided $1.9 billion over five years to address the backlog through the National Parks and Public Land Legacy Restoration Fund. The Trump administration's 2025 workforce reductions — including through buyouts and layoffs targeting NPS permanent and seasonal staff — raised concerns about the agency's capacity to manage park operations and visitor services during peak summer seasons.

Current Law (2026)

Legal Authority

• 54 U.S.C. § 100101 — Promotion and regulation (NPS shall promote and regulate the use of areas known as the National Park System to conserve the scenery, natural and historic objects, and wildlife 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)
• 54 U.S.C. § 100301 — National Park System establishment (Congress designates areas for inclusion; System includes national parks, monuments, battlefields, military parks, historical parks, historic sites, lakeshores, seashores, recreation areas, scenic rivers, trails, and other designations)
• 54 U.S.C. § 100501-100502 — System management (Director manages units to conserve their values; General Management Plans required for each unit; planning considers natural/cultural resources, visitor use, and development)
• 54 U.S.C. § 100701-100702 — Research mandate (NPS shall ensure that management is enhanced by science; research on park resources and their management is authorized and encouraged)
• 54 U.S.C. § 100751 — Regulations (Secretary may prescribe regulations for use and management of System units; violation is a federal offense)
• 54 U.S.C. § 200101-200702 — National Historic Preservation (National Register of Historic Places; State/Tribal Historic Preservation Officers; Section 106 review of federal undertakings affecting historic properties; Historic Preservation Fund grants; tax incentives for historic rehabilitation)
• 54 U.S.C. § 300101-306131 — National programs (Historic Preservation Fund; Save America's Treasures; Preserve America; National Heritage Areas; historic leasing; World Heritage Convention)

How It Works

The National Park Service manages America's most treasured landscapes, historic sites, and cultural resources — from the Grand Canyon to the Statue of Liberty, from Civil War battlefields to the Apollo mission launch sites.

NPS's foundational tension is written into the 1916 Organic Act: the agency must both "conserve" park resources and "provide for the enjoyment" of visitors, leaving them "unimpaired for future generations." When conservation and enjoyment conflict — as they inevitably do — NPS policy resolves it in favor of conservation: "conservation is to be predominant." This drives decisions about visitor capacity limits, road construction, wildlife management, and whether to allow development. Only Congress can designate national parks and most major unit types; the President can designate National Monuments unilaterally under the Antiquities Act of 1906 — a significant and controversial power used by presidents from Theodore Roosevelt to Joe Biden. Each unit is created by enabling legislation that may specify permitted uses, management directions, and boundaries. The NPS System now includes 433 units in 30+ different designation categories.

NPS receives approximately $3.6 billion in annual appropriations plus about $1.3 billion from entrance fees, campground fees, and concession franchise fees — yet still carries a $23 billion deferred maintenance backlog of deteriorating roads, bridges, trails, buildings, and water/sewer systems. The Great American Outdoors Act (2020) established the National Parks and Public Lands Legacy Restoration Fund, providing up to $1.9 billion per year through FY 2025 from energy development revenues to address the backlog — the most significant NPS infrastructure investment in history. Alongside its own properties, NPS administers the national historic preservation program: the National Register of Historic Places (approximately 96,000 listings comprising over 1.8 million individual resources) and Section 106 of the National Historic Preservation Act, which requires federal agencies to consider effects on historic properties before taking federal actions — a review affecting thousands of highway, telecommunications, dam, and other projects annually. Private concessionaires operate lodges, restaurants, gift shops, and tour services under NPS contracts typically running 10–20 years with franchise fees returned to the government; the largest operate multi-million dollar businesses in parks like Yellowstone, Grand Canyon, and Yosemite.

How It Affects You

NPS manages the most restrictive category of federal public lands, with preservation mandates that limit extractive uses permitted on BLM or Forest Service lands.

State Variations

Implementing Regulations

• 36 CFR Part 1 — NPS general provisions (system-wide regulations for National Park Service units)

• 36 CFR Parts 2–5 — Resource protection, boating/water use, commercial activities, and special regulations (permits, fees, closures, commercial use authorizations). Two Parts govern on-water and on-road conduct system-wide:

  • 36 CFR Part 3 — Boating and Water Use Activities: NPS adopts USCG boating safety laws (33 CFR and 46 CFR) for all park waters, navigable and non-navigable alike, with the park superintendent standing in for the "captain of the port." Boating under the influence is prohibited at 0.08 g/dL (more restrictive state limits apply if lower); probable-cause testing is mandatory and refusal is itself a violation. Power-driven vessels require the operator to be at least 16, or 12–15 with an adult 18+ aboard. Water-skiing and towing are allowed only in designated waters, only sunrise to sunset, and only with a mandatory observer at least 12 years old. Sewage discharge — treated or not — is prohibited in all park fresh water; marine sanitation device valves must be locked closed. Noise caps apply: 75 dB(A) underway (SAE J1970) and 88 dB(A) stationary (SAE J2005). Accidents involving $2,000+ in property damage or any injury must be reported to the superintendent within 24 hours. Submersibles, manned or unmanned, require a superintendent's permit. Last amended: 80 FR 36476 (2015).

  • 36 CFR Part 4 — Vehicles and Traffic Safety: State motor vehicle laws apply on park roads except where NPS rules are more restrictive. Default speed limits: 15 mph in campgrounds, school zones, and picnic areas; 25 mph in construction zones; 45 mph on all other park roads (superintendents may post different limits by special regulation). Open alcohol containers are prohibited in vehicle passenger compartments (exceptions for camper/motor home living quarters). Seatbelts are mandatory for all occupants in equipped seats. Drivers must yield to pedestrians, saddle animals, and horse-drawn vehicles. Off-road motor vehicle use is prohibited except on routes designated by special regulation — and only in national recreation areas, seashores, lakeshores, and preserves. Bicycles are permitted on all roads open to public traffic; superintendents may authorize bicycle use on administrative roads and existing trails after a written resource-compatibility finding. Operating under the influence is prohibited at 0.08 g/dL (parallel to § 3.10 for vessels). Last amended: 85 FR 69188 (2020).

• 36 CFR Part 7 — Special regulations for specific park areas (park-specific rules for individual units like Yellowstone, Yosemite, Great Smoky Mountains, etc.)

• 36 CFR Part 9 — Minerals management within park system units (non-federal oil/gas operations, mining claims in parks)

• 36 CFR Part 13 — National Park System Units in Alaska (194 sections — the Alaska-specific supplementary regulations that overlay the general NPS rules for the 20+ national park units created or expanded by ANILCA; key subparts):

  • Subpart B — General Provisions (10s): defines the Alaska units covered by Part 13 (all national parks, preserves, monuments, recreation areas, and wild rivers in Alaska designated under ANILCA); Part 13 regulations are in addition to the general NPS regulations at 36 CFR Parts 1–7; state law applies only where ANILCA or NPS regulations expressly incorporate it; permits for commercial use, access, and cabin use are administered by park superintendents
  • Subpart C — Cabins (36s): the largest subpart — Alaska's park units contain hundreds of historically used private cabins (built by miners, trappers, and homesteaders before parks were established); existing cabin owners may obtain use authorizations allowing continued occupancy for personal use; cabins may not be sold or transferred without NPS approval; authorized cabins must be maintained to specific standards; NPS conducts cabin inventories and issues permits specifying the cabin's authorized uses, maintenance obligations, and term (typically 10 years renewable); unauthorized cabins are subject to removal; this subpart reflects a unique Alaska challenge: balancing historical use rights with park preservation mandates
  • Subpart F — Subsistence (13s): the most legally significant subpart — implements ANILCA Title VIII's subsistence priority for Alaska Natives and rural Alaskans in national park units; qualified subsistence users have priority access to fish and wildlife in Alaska park units over sport hunting and commercial uses; the Federal Subsistence Board (with NPS representation) manages subsistence in park preserves; the NPS prohibits sport hunting in national parks but allows it in national preserves (areas adjacent to parks with a preserve designation); subsistence hunting, fishing, and trapping may continue in both parks and preserves for qualified rural residents; the subsistence eligibility rules (who qualifies as a rural Alaskan) have been subject to ongoing litigation between the federal government and the State of Alaska
  • Subparts L and N — Denali and Glacier Bay Special Regulations (29s and 40s): Denali rules cover road access restrictions (private vehicles restricted to the first 15 miles of the 92-mile park road; beyond that, only NPS buses operate), aircraft and air taxi operations, sled dog programs, and winter travel; Glacier Bay rules address vessel operations (strict seasonal quotas for cruise ships in Glacier Bay proper — typically 153 ships per season), kayaking and camping permits, motorized vessel speed limits in whale habitat areas, and aircraft overflights

• 36 CFR Part 1002 — Resource Protection, Public Use and Recreation: the NPS (and Presidio Trust) operational regulations governing day-to-day visitor activities in national park units and Presidio Trust lands. Part 1002 establishes the specific behavioral rules that park visitors encounter — the regulations behind the signs you see in parks about fires, pets, camping, and drones. Key provisions:

  • § 1002.1 — Preservation of natural, cultural and archaeological resources: a baseline prohibition on taking, possessing, or disturbing natural objects (plants, animals, rocks, fossils), cultural artifacts, and archaeological resources from park land without a permit; this provision is what makes it illegal to collect rocks, pick wildflowers, or remove historical artifacts from national parks; violations are enforceable as federal misdemeanors; the prohibition applies regardless of the number of objects taken ("just one rock" is still a violation)
  • § 1002.10 — Camping and food storage: camping is permitted in designated areas and subject to permit requirements, time limits, and site-specific conditions that the responsible official (Superintendent for NPS, Board for Presidio Trust) establishes; food storage requirements — keeping food in approved bear canisters or hanging it from approved poles — may be required in areas with bear activity; the specific terms vary by park unit, with the most stringent requirements in Yosemite, Yellowstone, and other bear-active parks
  • § 1002.12 — Audio disturbances: operating motorized equipment (chain saws, generators, amplified sound) in a manner that unreasonably disturbs visitors is prohibited; park-specific sound level limitations may be established; the Superintendent may authorize exceptions for official operations or permitted events; this is the provision that governs amplified music at park events, permitted concerts, and the persistent question of drone noise (addressed in § 1002.17)
  • § 1002.13 — Fires: lighting fires is prohibited except in designated areas or fire containers; the Superintendent may close specific areas to fires during drought or high fire danger; charcoal fires must be in grates or fire rings; ground fires and open campfires in undesignated areas are prohibited; fire restrictions are the most frequently invoked emergency authority park superintendents use during dry seasons
  • § 1002.15 — Pets: pets must be on a leash no longer than 6 feet in developed areas and on designated trails; pets are prohibited in backcountry areas, on many trails, and in public buildings; park superintendents may designate specific pet-free zones; this provision generates significant visitor conflict, as many visitors want to hike with dogs in backcountry areas where NPS restricts them to protect wildlife
  • § 1002.17 — Aircraft and air delivery: landing aircraft (including helicopters and paragliders) and delivering objects by air is prohibited in park units without a permit; this is the regulatory basis for NPS restrictions on commercial drone operations in national parks — drones are a form of unmanned aircraft subject to § 1002.17; the NPS issued a temporary order in 2014 prohibiting drones in parks pending rulemaking; the rulemaking has not been finalized, but the 2014 order has been interpreted as continuing to apply
  • § 1002.18 — Snowmobiles: use of snowmobiles is prohibited in park units except in areas specifically designated by the Superintendent; Yellowstone's snowmobile management — subject to continuous litigation and policy revisions since 2000 — is the most prominent implementation of this authority; the Yellowstone Superintendent has established daily permit limits, guide requirements, and BAT (best available technology) standards for snowmobiles through park-specific rules under this authority

  Part 1002 is the regulatory backbone for the visitor use rules that 330 million annual national park visitors encounter. Most Part 1002 violations are handled as Class B misdemeanors (petty offenses) by U.S. Magistrate Judges at the federal court nearest the park, with fines typically in the $75–$500 range for first-time violations. Egregious violations (collecting significant archaeological artifacts, damaging natural formations like the thermal features at Yellowstone, intentional wildlife harassment) can be charged as Class A misdemeanors or under separate statutes (ARPA for antiquities, MBTA for migratory birds). Park Superintendents have significant authority to customize Part 1002 requirements through park-specific regulations at 36 CFR Part 7 and through superintendent's orders — which is why specific rules differ substantially between parks.

• 36 CFR Part 12 — National Cemeteries: The NPS administers a small number of national cemeteries distinct from the much larger VA national cemetery system — these are cemeteries closely associated with specific national parks or battlefields (Arlington House, Andersonville, Andrew Johnson, and others) and managed as part of the NPS mission to preserve sites of national significance. Part 12 establishes conduct rules and administrative procedures for these NPS-managed burial grounds.

  • § 12.2 — Purpose: NPS national cemeteries are established as national shrines in tribute to members of the Armed Forces who served the United States; they are protected, managed, and administered as suitable and dignified final resting places in accordance with that national-shrine mission
  • § 12.3 — Definitions: "burial section" means a plot of land within a national cemetery specifically designated for casketed or cremated remains; "close relative" covers spouse, domestic partner, children, parents, siblings, and grandparents of the decedent — the class of persons who may request disinterment
  • § 12.4 — Special events and demonstrations: conducting spontaneous or organized special events or demonstrations in a national cemetery is prohibited, with one exception: official commemorative events conducted for Memorial Day, Veterans Day, and other dates designated by the Superintendent; this restriction preserves the solemn character of the space from being used as a venue for general public assembly or political speech
  • § 12.5 — Interments: eligibility for burial is determined by federal statute (primarily the statutes governing the VA national cemetery system that apply by reference); interments are conducted according to NPS policy and VA policy jointly; disinterment of already-interred remains requires the consent of the next of kin and NPS approval
  • § 12.6 — Disinterments and exhumations: interment is considered permanent; disinterment requires compelling reasons and must be conducted under NPS supervision; the NPS must document the reasons and the identity of the requesting party
  • § 12.7 — Headstones and markers: government headstones and markers furnished at government expense follow NPS and VA policy; erection of a privately funded marker requires NPS approval; markers must be appropriate to the national shrine character of the cemetery
  • § 12.8 — Memorial headstones and markers: eligibility for memorialization (a marker without interred remains) follows federal law; the superintendent may authorize memorial markers for service members whose remains were not recovered or were buried at sea
  • § 12.9 — Commemorative monuments: any request to erect a commemorative monument must be submitted to the NPS Director for approval before fabrication; the Director's approval process considers the monument's design, materials, placement, and compatibility with the national-shrine mission
  • § 12.10 — Floral and commemorative tributes: fresh-cut or artificial flowers may be placed on graves only in designated containers (metal or non-breakable rods specified by the superintendent) and only during times the superintendent designates; the rule prevents the accumulation of weathered, deteriorating flowers that would detract from the site's appearance
  • § 12.11 — Recreational activities: engaging in any recreational activity in a national cemetery is prohibited — no running, cycling, picnicking, or other recreational use consistent with the national shrine designation

  NPS-administered national cemeteries receive far fewer interments annually than VA cemeteries (which number over 150 and accept tens of thousands of veterans per year), but they carry distinctive historical significance — Andersonville marks the site of a Civil War prison camp where nearly 13,000 Union soldiers died; Arlington House is the estate historically associated with Robert E. Lee that became Arlington National Cemetery's core. Part 12 applies only to NPS-managed cemeteries, not to Arlington National Cemetery (managed by the Army) or the broader VA national cemetery system. No major amendments in recent years.

• 36 CFR Part 14 — Rights-of-Way: the NPS regulations governing how utilities, state and local governments, and private parties can obtain a right-of-way permit to cross or use National Park System lands for infrastructure purposes — pipelines, transmission lines, fiber optic cables, roads, and similar linear infrastructure. NPS lands are inviolate by general rule; Part 14 creates the limited, structured exception for infrastructure that serves a legitimate public purpose and cannot be feasibly routed elsewhere. The permit is not a property conveyance — the United States retains ownership of the land — but it is a binding authorization that runs with the infrastructure and can be renewed, transferred, or terminated. Authority: 54 U.S.C. §§ 100751, 100902, 103104; 31 U.S.C. § 9701 (fee authority). Key provisions:

  • § 14.1 — Purpose and scope: Part 14 applies to all National Park System units; it establishes procedures for applying, and the provisions under which NPS may authorize a right-of-way permit; authorizations are the exception, not the rule — NPS evaluates each application for consistency with resource protection mandates
  • § 14.2 — Definitions: a right-of-way permit is the specific type of authorization for linear infrastructure that occupies NPS land along a corridor; co-location means placing additional infrastructure (a second fiber cable, a second pipeline) on or in already-authorized infrastructure — typically preferred over new corridors because it limits additional ground disturbance; an applicant is any entity submitting an application, including corporations, municipalities, state agencies, and other federal agencies
  • § 14.3 — Application: applicants must submit a detailed application describing the proposed use, the corridor location, construction methods, the entity's operational history with similar infrastructure, and environmental information; NPS may require an environmental assessment or EIS before acting on a right-of-way application; the applicant bears the cost of NPS review, including any environmental studies NPS requires; for existing infrastructure seeking renewal, the application must include documentation of past compliance with the existing permit's terms and conditions
  • § 14.10 — Terms and conditions: every right-of-way permit specifies the authorized uses (what the corridor may be used for), operation and maintenance requirements, and any conditions NPS imposes to protect resources; operation or maintenance activities not specifically authorized require NPS's written approval or a permit amendment before they may proceed; permits include annual fees calculated under 31 U.S.C. § 9701 (user charge authority) based on the fair market value of the corridor use
  • § 14.11 — Special use permit for construction: before beginning any construction associated with the right-of-way permit, the permittee must obtain a separate special use permit for construction — this two-permit structure separates the long-term corridor authorization from the discrete construction event, allowing NPS to impose specific mitigation measures (timing restrictions, reclamation bonding, inspector oversight) for the construction phase that are separate from the operational terms
  • § 14.12 — Renewal: a permittee must apply for renewal before the existing permit expires; NPS reviews the renewal application anew, including updated resource protection conditions and current fee calculations; renewal is not guaranteed — NPS may impose substantially different conditions in a renewal or deny renewal if circumstances have changed materially; the renewal process is how NPS updates mitigation requirements to reflect evolving resource management priorities
  • § 14.13 — Transfer: when a permittee intends to convey ownership or operational control of the infrastructure to a new entity, NPS approval is required before the transfer is effective; NPS evaluates whether the transferee has the capability to comply with the permit terms; without NPS approval, the transfer is ineffective for purposes of the right-of-way — the original permittee retains legal responsibility
  • § 14.15 — Suspension and termination: NPS may suspend or terminate a right-of-way permit at any time upon written notice, without liability or expense to the United States; grounds for termination include permit violations, abandonment of the authorized use, national park management needs that require the corridor, or changed circumstances that make the authorization inconsistent with resource protection; this provision ensures that NPS retains ultimate authority over its land even after infrastructure is installed
  • § 14.16 — Trespass: any use, activity, or infrastructure not specifically authorized under a valid permit or other legal authorization is a trespass against the United States; NPS may require unauthorized infrastructure to be removed at the owner's expense; trespass fees may be assessed for the period of unauthorized use; continued trespass may result in federal criminal or civil enforcement
  • § 14.18 — Restoration and reclamation: after expiration or termination of the right-of-way permit, the permittee must restore or reclaim the permitted area to NPS-approved standards; if restoration is not completed within a reasonable time, NPS may perform the work and recover costs from the permittee or any financial assurance (bond, letter of credit) the permit required

  Part 14 matters most for infrastructure that cannot avoid NPS boundaries. Transmission lines serving western communities, natural gas pipelines serving communities surrounded by national parks, and fiber optic routes following highway corridors that cross park lands all require Part 14 permits. The two-permit structure (right-of-way + separate construction permit) is distinctive — it is stricter than BLM and Forest Service right-of-way programs, which typically combine authorization and construction conditions in a single instrument. NPS's co-location preference means that new infrastructure requests are often directed onto existing authorized corridors rather than new ground — consistent with the goal of minimizing additional surface disturbance in park units. No major amendments to Part 14 in the last 10 years.

Pending Legislation

• HR 7031 — Making National Parks Safer Act: requires NPS to assess and upgrade Next Generation 9-1-1 across park emergency centers. Status: In Committee.
• HR 5914 — Historic Preservation Enhancement Act: doubles Historic Preservation Fund deposits to $300M, guarantees shares for states and tribes. Status: Introduced.

Recent Developments

• The Great American Outdoors Act (2020) has invested approximately $6.5 billion in deferred maintenance through FY 2025 — the most significant NPS infrastructure program in history
• Visitation has reached record levels at many parks, driving investment in reservation systems, shuttle services, and timed entry to manage overcrowding
• Climate change is affecting park resources — glacier retreat, wildfire, sea-level rise, species migration, and extreme weather are driving adaptation planning
• NPS has expanded interpretation of underrepresented histories — sites commemorating civil rights, labor, LGBTQ+, and diverse cultural heritage have been added to the System
• In March 2026, NPS amended special regulations under 36 CFR Part 7 for Assateague Island National Seashore to remove certain permit eligibility requirements for oversand vehicles (OSVs) on designated beach areas, streamlining access for recreational beach driving at this Maryland/Virginia barrier island park.
• In February 2026, the National Park Service proposed amending special regulations for Mammoth Cave National Park to allow bicycle use on approximately 37 miles of multi-use trails throughout the park.