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This is an overview of the major laws affecting planning projects here at Yosemite. By no means is this an exhaustive listing of applicable laws.


Federal Laws

National Park Service Organic Act (1916)
Defines purpose of national parks ". . . to conserve the scenery and the natural and historic objects and the 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." Also see the official interpretation of the organic act.

Redwood Expansion Act (1978)
Enhancing the NPS Organic Act, the Redwood Act of 1978 reaffirmed the primary purpose of the National Park Service as, "the protection, management, and administration of these areas shall be conducted in light of the high value and itegrity of the National Park System and shall 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." (16 USC 1a-1;1978).

Wilderness Act (1964)
Defines and designates wilderness areas (which are areas where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain). An ammendment to this act in 1984 resulted in the designation of about 95% of Yosemite National Park as the Yosemite Wilderness.

National Environmental Policy Act, or NEPA (1969)
NEPA requires all federal agencies to evaluate the proposed projects for potential impacts to natural and cultural resources.

Freedom of Information Act or FOIA (1966)
FOIA gives the public the right to inspect and copy the administrative records of federal agencies. Under FOIA most, but not all, federal records are made openly available to interested parties.

National Historic Preservation Act, or NHPA (1966)
NHPA mandates all federal agencies to review all projects that may impact a property listed on the National Register of Historic Places, or which may affect a property eligible for listing.

Archeological Resources Protection Act (1979)
The purpose of this Act is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this Act.

Wild and Scenic Rivers Act, or WSRA (1968)
The National Wild and Scenic Rivers Act requires that designated rivers “be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations.” Yosemite National Park Manages two Wild and Scenic Rivers, the Merced and the Tuolumne Rivers, and their watersheds.

Federal Advisory Committee Act, or FACA (1972)

Federal Endangered Species Act, or ESA (1973)


Yosemite National Park Enabling Legislation


Executive Orders

Executive Order 11988 for the Management of Floodplains (1997)

Executive Order 11988 directs federal agencies to avoid, if possible, development and other activities in the 100-year base floodplain. When development in floodplains cannot be avoided, the Order directs agencies to conduct a review of design and siting with the goals of reducing the risk of flood loss, minimizing the impact of floods on human safety, health, and welfare, and restoring and preserving the natural and beneficial values served by floodplains in carrying out agency responsibility.

Executive Order 11990 for the Protection of Wetlands (1997)

Executive Order 11990 directs all Federal agencies to avoid, if possible, adverse impacts to wetlands and to preserve and enhance the natural and beneficial values of wetlands.


NPS Director's Orders

Director's Order #2: Park Planning

Director's Order #12: Environmental Impact Analysis

NPS Planning

NPS Historic Preservation Planning Program

Handbook for Environmental Impact Analysis (545 KB PDF)

 
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