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FROM TITLE 16 OF THE U.S. CODE, AS AMENDED BY P.L. 105391, TITLE III
16 USC Sec. 1a5
TITLE 16 CONSERVATION
CHAPTER 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I NATIONAL PARK SERVICE
Sec. 1a5. Additional areas for National Park System
(a) General authority
The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and which may have potential for inclusion in the National Park System. Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors, compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. The Secretary is also directed to transmit annually to the Speaker of the House of Representatives and to the President of the Senate, at the beginning of each fiscal year, a complete and current list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places which areas exhibit known or anticipated damage or threats to the integrity of their resources, along with notations as to the nature and severity of such damage or threats. Each report and annual listing shall be printed as a House document: Provided, That should adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing upon the receipt by the Speaker of the United States House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the United States House of Representatives and the chairman of the Committee on Energy and Natural Resources of the United States Senate indicating such to be the case.
(b) Studies of areas for potential addition
(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System.
(2) In developing the list to be submitted under this subsection, the Secretary shall consider
(A) those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility;
(B) themes, sites, and resources not already adequately represented in the National Park System; and
(C) public petition and Congressional resolutions.
(3) No study of the potential of an area for inclusion in the National Park System may be initiated after November 13, 1998, except as provided by specific authorization of an Act of Congress.
(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000.
(5) Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system.
c) Report
(1) The Secretary shall complete the study for each area for potential inclusion in the National Park System within 3 complete fiscal years following the date on which funds are first made available for such purposes. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments.
(2) In conducting the study, the Secretary shall consider whether the area under study
(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the system.
(3) Each study
(A) shall consider the following factors with regard to the area being studied
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) similar resources are already protected in the National Park System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration to ensure longterm resource protection and visitor use;
(B) shall consider whether direct National Park Service management or alternative protection by other public agencies or the private sector is appropriate for the area;
(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service be most effective and efficient in protecting significant resources and providing for public enjoyment; and
(D) may include any other information which the Secretary deems to be relevant.
(4) Each study shall be completed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(5) The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary’s preferred management option for the area.
(d) New area study office
The Secretary shall designate a single office to be assigned to prepare all new area studies and to implement other functions of this section.
(e) List of areas
At the beginning of each calendar year, along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the National Park System. In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c) of this section. The Secretary should only include on the lists areas for which the supporting data is current and accurate.
(f) Authorization of appropriations
For the purposes of carrying out the studies for potential new Park System units and for monitoring the welfare of those resources, there are authorized to be appropriated annually not to exceed $1,000,000.
For the purposes of monitoring the welfare and integrity of the national landmarks, there are authorized to be appropriated annually not to exceed $1,500,000. For carrying out subsections (b) through (d) of this section there are authorized to be appropriated $2,000,000 for each fiscal year.
Source
(Pub. L. 91383, Sec. 8, as added Pub. L. 94458, Sec. 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95625, title VI, Sec. 604(l), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96199, title I, Sec. 104, Mar. 5, 1980, 94 Stat. 68; Pub. L. 96344, See. 8, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 103437, Sec. 6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104333, div. I, title VIII, Sec. 814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105391, title III, Sec. 303, Nov. 13, 1998, 112 Stat. 3501.)
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