Laws & Regulations
Federal Laws
The National Park Service Organic Act was passed in 1916 creating the National Park Service. The Act states that the National Park Service has the responsibility to:
"Promote
and regulate the use of the Federal
areas known as national parks, monuments,
and reservations…conserve the
scenery and the natural and
historic objects and the wildlife therein
and to provide for the enjoyment of
the same in such a manner and by such
means as will leave them unimpaired
for the enjoyment of future generations.
(16 USC 1)"
The dual and sometimes
conflicting mandates to preserve and
protect resources while providing for
their enjoyment by the public often
complicates park management.
A 1970 amendment
to the General Authorities Act states
that all parklands are united by a common
purpose, regardless of title or designation.
NPS is required to manage these parks
in accordance with the Organic Act and
other applicable laws so as not to be
“…in derogation of the values
and purposes for which these various
areas have been established…”
Under this law, all water resources
of the park are protected by the federal
government. Only an act of Congress
can change this fundamental responsibility
of the National Park Service.
In 1978 an act expanding Redwood National Park (Redwoods Amendment) further amended the general authorities of the National Park Service to mandate that all park system units be managed and protected “in light of the high public value and integrity of the national park system.” Furthermore, no activities should be undertaken “in derogation of the values and purposes for which these various areas have been established”, except where specifically authorized by law or as may have been or shall be directly and specifically provided for by Congress. Thus, by amending the general Authorities Act of 1970, this act reasserted system-wide the high standard of protection prescribed by Congress in the Organic Act. Recognizing the ever increasing societal pressures being placed upon America's unique natural and cultural resources contained in the national park system, the National Parks Omnibus Management Act of 1998 attempts to improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of and research on the resources of the national park system by:
The Federal Water Pollution Control Act, more commonly known as the Clean Water Act, was first promulgated in 1972 and amended several times since (e.g. 1977, 1987 and 1990). This law is designed to restore and maintain the chemical, physical and biological integrity of the nation’s waters, including the waters of the national park system. To achieve this, the act called for a major grant program to assist in the construction of municipal sewage treatment facilities, and a program of effluent limitations designed to limit the amount of pollutants that could be discharged. Effluent limitations are the basis for permits issued for all point source discharges, known as the National Pollutant Discharge Elimination System (NPDES).
As part of the
act, Congress recognized the primary
role of the states in managing and regulating
the nation’s water quality. Section
313 requires that all federal agencies
comply with the requirements of state
law for water quality management, regardless
of other jurisdictional status or landownership.
States implement the protection of water
quality under the authority granted
by the Clean Water Act through best
management practices and through water
quality standards. Standards are based
on the designated uses of a water body
or segment of water, the water quality
criteria necessary to protect that use
or uses, and an anti-degradation provision
to protect the existing water quality.
A state’s anti-degradation policy
is a three-tiered approach to maintaining
and protecting various levels of water
quality. Minimally, the existing uses
of a water segment and the quality level
necessary to protect the uses must be
maintained. The second level provides
protection of existing water quality
in segments where quality exceeds the
fishable/swimmable goals of the Clean
Water Act. The third level provides
protection of the state’s highest
quality waters where ordinary use classifications
may not suffice; these are classified
as Outstanding National Resources Waters
(ONRW). ONRW status,
in most cases, is a desirable designation
to acquire for National Park Service
units with significant water resources
management responsibilities. For waters
designated as ONRW, water quality must
be maintained and protected and only
short-term changes may be permitted.
ONRW designations for waters outside
the park boundaries, which parks can
apply for, can also ensure the protection
of water that flows into a park unit. Section 303 of
the act requires the promulgation of
water quality standards by the states.
Additionally, each state is required
to review its water quality standards
at least once every three years. This
section also requires the listing of
those waters where effluent limitations
are not stringent enough to implement
any water quality standard [so called
303(d) list]. Each state must establish,
for each of the waters listed, total
maximum daily loads for applicable pollutants. Section 305(b)
requires that each State prepare and
submit to the US Environmental Protection
Agency a biennial report describing
water quality conditions of lakes and
streams. The report also lists any pollution
problems occurring on certain steam
reaches. Streams are then classified
as supporting, not supporting, or only
partially supporting their designated
uses (for fishing, recreation, drinking,
etc). Section 319 requires
states to develop controls over non-point
source pollution, such as erosion. Although
some sources of pollution, particularly
industrial and municipal dischargers,
fall under the National Pollutant Discharge
Elimination System program (defined
under Section 402 of the act). Section 401
requires that any applicant for a federal
license or permit to conduct an activity
which will result in a discharge into
waters of the U.S., shall provide the
federal agency, from which a permit
is sought, a certificate from the state
water pollution control agency stating
that any such discharge will comply
with applicable water quality standards.
Federal permits which require Water
Quality Certification from the State
of Alaska include 404 permits from the
U.S. Army Corps of Engineers for the
discharge of dredged or fill material. Section 402 requires
that a National Pollutant Discharge
Elimination System (NPDES) permit be
obtained for the discharge of pollutants
from any point source into the waters
of the Unites States. Point source,
waters of the Unites States and pollutants
are all broadly defined under the Act,
but generally all discharges and storm
water runoff from major industrial and
transportation activities, municipalities,
and certain construction activities
must be permitted by the NPDES program.
The EPA usually delegates NPDES permitting
authority to the State. The State, through
the permitting process, establishes
the effluent limitations and monitoring
requirements for the types and quantities
of pollutants that may be discharged
into its waters. Under the anti-degradation
policy, the State must ensure that the
approval of a NPDES permit will not
eliminate or otherwise impair any designated
uses of the receiving waters. Section 404 of
the Clean Water Act further requires
that a permit be issued for discharge
of dredged or fill materials in waters
of the U.S., including wetlands. The
Act includes other impacts to riverine
systems, such as piping, filling, relocating,
culverting and sand and gravel mining. The U.S. Army
Corps of Engineers administers the Section
404 permit program with oversight and
veto powers held by the U.S. Environmental
Protection Agency. The Corps must notify
the NPS of an intent to issue a permit
and solicit NPS comments regarding any
potential impacts.
The Clean Air Act of 1970 (as amended)
regulates airborne emissions of a variety
of pollutants from area, stationary,
and mobile sources. The 1990 amendments
to this act were intended primarily
to fill the gaps in the earlier regulations,
such as acid rain, ground level ozone,
stratospheric ozone depletion and air
toxins. The amendments identify a list
of 189 hazardous air pollutants. The
U.S. Environmental Protection Agency
must study these chemicals, identify
their sources, determine if emissions
standards are warranted, and promulgate
appropriate regulations. The Coastal
Zone Management Act (1972) and its amendments
(1990) enables coastal states to develop
a coastal management program that would
improve protection of sensitive shoreline
resources, identify coastal areas appropriate
for development, designate areas hazardous
to development and improve public access
to the coastline. The act requires that
federal agencies conducting activities
or undertaking development directly
affecting the coastal zone shall ensure
that the activities or developments
are consistent with approved state management
programs to the extent practicable.
Water Quality Improvement Act (1970).
The Act requires federal regulated activities
to have state certification stating
that the activity will not violate water
quality standards. The Safe Drinking
Water Act and Amendments directs the
U.S. Environmental Protection Agency
to publish and enforce regulations on
maximum allowable contaminant levels
in drinking water. The act requires
the Environmental Protection Agency
to issue regulations establishing national
primary drinking water standards. Primary
enforcement responsibilities lie with
the states. The act also protects underground
sources of drinking water with primary
enforcement responsibilities again resting
with the states. Federal agencies having
jurisdiction over public water systems
must comply with all requirements to
the same extent as any non-governmental
entity.
The 1996 amendments to the Safe Drinking
Water Act initiated a new era in cost-effective
protection of drinking water quality,
state flexibility, and citizen involvement.
Source water assessment and protection
programs, provided under these amendments,
offer tools and opportunities to build
a prevention barrier to drinking water
contamination. Source water protection
means preventing contamination and reducing
the need for treatment of drinking water
supplies. Source water protection also
means taking positive steps to manage
potential sources of contaminants and
contingency planning for the future
by determining alternative sources of
drinking water. Congress passed
the National Environmental Policy Act
(NEPA) in 1969. Environmental compliance
in the National Park Service encompasses
the mandates of NEPA and all other federal
environmental laws that require evaluation,
documentation and disclosure, and public
involvement, including the Endangered
Species Act, Clean Water Act, Executive
Orders on Floodplains and Wetlands,
and others. All natural
resource management and scientific activities
are subject to environmental analysis
under NEPA through the development of
environmental assessments and environmental
impact statements. Parks are encouraged
to participate as cooperating agencies
in the environmental compliance process
to the fullest extent possible when
National Park Service resources may
be affected, and as set forth in Council
on Environmental Quality (CEQ) regulations.
Participation by the National Park Service
in the environmental compliance processes
of other agencies and jurisdictions
is an important management tool. It
can provide the National Park Service
with information that will allow the
Service to respond to possible external
threats to a park well before they occur.
Section 10 of the Rivers and Harbors
Act (1899), as amended was the first
general legislation giving the US Army
Corps of Engineers jurisdiction and
authority over the protection of navigable
waters. Navigable waters of the Unites
States are those waters that are subject
to the ebb and flow of the tide and/or
are presently used, or have been used
in the past, or may be susceptible for
use to transport interstate or foreign
commerce. Army Corps of Engineers permits
are required under Section 10 of the
Act for structures and/or work in or
affecting navigable waters of the United
States. The U.S. Army
Corps of Engineers began regulation
of wetlands under this act, and then
received a much broader grant of jurisdictional
authority under the Clean Water Act.
Because of the broader geographic reach
of “waters of the U.S.”
jurisdiction under the Clean Water Act,
Rivers and Harbors Act jurisdiction
will usually not be of significance
to wetlands regulation in current cases.
There are, however, several situations
in which Rivers and Harbors Act jurisdiction
alone will be available: when an exemption
from section 404 coverage applies, and
when activities, as opposed to waters,
are covered by the Rivers and Harbors
Act and not the Clean Water Act. For
instance, the mooring of a vessel in
a bay may require a permit under the
Rivers and Harbors Act, but would not
under the Clean Water Act.
The Resource Conservation and Recovery
Act enacted in 1976, establishes a regulatory
structure for handling, storage, treatment,
and disposal of solid and hazardous
wastes. Many products and materials
are regulated under this at, including
commercial chemical products; manufactured
chemical intermediates; contaminated
soil, water, or other debris resulting
from the cleanup of a spill into water
or on dry land; and containers and inner
liners of the containers used to hold
waste or residue.The Endangered
Species Act of 1973 requires the NPS
to identify and promote the conservation
of all Federally-listed endangered,
threatened, or candidate species within
park or preserve boundaries. While not
required by legislation, it is the policy
of the NPS to identify state locally-listed
species of concern and support the preservation
and restoration of those species and
their habitats. The objective
of Executive Order 11988 (E. O. 11988
Floodplain Management) is “…
to avoid to the extent possible the
long- and short-term adverse impacts
associated with the occupancy and modification
of floodplains and to avoid direct and
indirect support of floodplain development
wherever there is a practicable alternative.”
For non-repetitive actions, the E.O.
states that all proposed facilities
must be located outside the limits of
the 100-year floodplain. If there were
no practicable alternative to construction
within the floodplain, adverse impacts
would be minimized during the design
of the project. National Park Service
guidance pertaining to this E.O. can
be found in Director’s Order #77-2,
Floodplain Management, (currently under
draft review). It is National Park Service
policy to recognize and manage for the
preservation of floodplain values, minimize
potentially hazardous conditions associated
with flooding, and adhere to all federally
mandated laws and regulations related
to the management of activities in flood-prone
areas. Particularly, it is the policy
of the National Park Service to:
Executive Order 11752 requires the National Park Service to exercise leadership in the prevention, control, and abatement of environmental pollution from activities including sewage treatment and disposal, disposal of solid waste, and electrical power generation.
-Aristotle