Laws & Policies
“Silence is something more than just a pause; it
is that enchanted place where space is cleared and time is stayed and
the horizon itself expands.”
From “The Eloquent Sounds of Silence” (Preamble to the
Report to Congress on Effects of Overflights on the National Park System)
Protection and management of park soundscapes are guided by several important laws and regulations. These laws and regulations form the foundation of Natural Sounds Program.
General
- NPS Organic Act (16 USC 1)
The Organic Act establishes and authorizes the National Park Service "to conserve the scenery and the national and historic objects and the wild life 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."
- Redwoods Act of 1978
The Redwoods Act of 1978, affirms and clarifies the NPS mission and authority. It states: "The authorization of activities shall be construed, and the protection, management and administration of these areas shall be conducted in light of the high public value and integrity 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."
- Handbook to Director's Order 12 : Conservation Planning, Environmental Impact Analysis, and Decision-making (Preliminary Draft) - This handbook is an update and revision of DO-12 and supersedes the 1982 version.
- NPS Management Policies 2006
NPS Management Policies are an indispensable tool to help NPS employees manage parks responsibly and make rational, well-informed decisions.
Air Tour Management Plans
- National Parks Air Tour Management Act of 2000
The Act requires the Federal Aviation Administration (FAA), in cooperation with (NPS, to develop an Air Tour Management Plan (ATMP) for each unit of the National Park System to provide acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon natural and cultural resources and visitor experiences.
- Final Rule: 14 CFR Part 136 - Regulations implementing the National Parks Air Management
Soundscape Management
- NPS Soundscape Management Policy 4.9
This section of the 2006 Management Policies states that, "The Service will preserve, to the greatest extent possible, the natural soundscapes of parks."
- NPS Cultural Soundscape Management 5.3.1.7
This section of the 2006 Management Policies states that, "The Service will preserve soundscape resources and values of the parks to the greatest extent possible to protect opportunities for appropriate transmission of cultural and historic sounds that are fundamental components of the purposes and values for which the parks were established."
- NPS Director's Order #47 - Soundscape Preservation and Noise Management
Overflights
- National Parks Overflight Act of 1987 (P.L. 100-91)
In 1987, Congress enacted Public Law 100-91, commonly known as the National Parks Overflights Act. The Act mandated a number of studies related to the effects of overflights on parks and directed the National Park Service to report to Congress its results. In July, 1995, NPS Published Report to Congress on Effects of Aircraft Overflights on the National Park System.
- NPS Overflights and Aviation Uses 8.4
This section of the 2006 Management Policies discusses Alaska and Remote Areas, Education, General Aviation, Administrative Use, Military Aviation, Commercial Air Tour Management, Permitted Overflights, and Airports and Landing Sites.
Visitor Uses
- NPS Visitor Use 8.2
This section of the 2006 Management Policies discusses Visitor Carrying Caparcity, Recreational Activites, Use of Motorized Equipment, Accessibility for Persons with Disabilities, Visitor Safety and Emergency Response, Recreation Fees and Reservations, and Tourism.
Motorized Equipment
- 36 CFR Section 2.12 Audio Disturbance
Under this section the following is prohibited: Operating motorized equipment or machinery that exceeds a noise level of 60 decibels measured on the A-weighted at 50 feet or, if below that level, nevertheless, makes noise that is unreasonable.
- 36 CFR Section 2.18 Snowmobiles
Under this section the following is prohibited: Operating a snowmobile that makes excessive noise. Excessive noise for snowmobiles manufactured after July 1, 1975 is a level of total snowmobile noise that exceeds 78 decibels measured on the A-weighted scale at 50 feet.
- 36 CFR Section 3.7 Noise Abatement
Operating a vessel in or upon inland water so as to exceed a noise level of 82 decibels measured at a distance of 82 feet from the vessel is prohibited.
- NPS Use of Motorized Equipment 8.2.3
This section of the 2006 Management Policies discusses Motorized off-road vehicle use, Snowmobiles, and Personal Watercraft Use.