Exploring Legal Frameworks Governing National Parks

The US National Park Service is governed by a complex framework of laws, regulations, and policies. The NPS carries out its responsibilities under the authority of federal laws, regulations, and executive orders, as well as policies established by the Director of the NPS and the Secretary of the Interior.

The NPS has a 3-tiered Directives System, which includes NPS Management Policies, Director's Orders, and Handbooks, Reference Manuals, and other Professional Materials. Adherence to these directives is mandatory unless waived by the Secretary of the Interior, Assistant Secretary of the Interior, or NPS Director.

In addition, Congress regularly passes and amends legislation related to the management of lands and programs administered by the NPS, such as boundary adjustments, the creation of new programs, and the designation of parks.

The US Code of Federal Regulations contains an annual compilation of executive orders and proclamations, as well as regulations issued by federal agencies. Regulations have the force of law, and their violation may result in fines, imprisonment, or both.

The US Department of the Interior, the Department of Agriculture, and the Department of the Army jointly administer the national park system. Violations of the regulations set forth by these departments may result in penalties, including imprisonment and fines.

Furthermore, Congress has enacted statutes that specifically apply to national parks, such as prohibitions on unauthorized hunting and fishing, the willful destruction of property, and trespassing on military parks.

Federal laws and regulations

The National Park Service (NPS) carries out its responsibilities in parks and programs under the authority of federal laws, regulations, and executive orders. The laws are enacted by Congress with or without the approval of the President.

• The National Park Service Organic Act (1916), which directs the NPS to conserve park resources "unimpaired" for the enjoyment of future generations.
• The National Park System General Authorities Act (1970), as amended in 1978, prohibits the NPS from allowing any activities that would cause derogation of the values and purposes for which the parks have been established.
• The Wilderness Act (1964), which must be considered when managing cultural resources in wilderness areas.
• The Historic Sites Act (1935)
• The National Historic Preservation Act (1966) (NHPA), which requires federal agencies to establish a preservation program for the identification, evaluation, and nomination of historic properties to the National Register, and to protect historic properties under its jurisdiction.
• The National Environmental Policy Act (1969) (NEPA), which mandates that federal agencies consider the effects of their proposed actions (undertakings) on the environment, including the human environment.
• The American Indian Religious Freedom Act (1978) (AIRFA) and Executive Order 13007-Indian Sacred Sites, which direct federal land-managing agencies to accommodate access to and ceremonial use of sacred sites by Indian religious practitioners and to avoid adversely affecting the physical integrity of those sites, including those in wilderness areas.
• The Archaeological Resources Protection Act (1979) (ARPA), which focuses on the regulation of legitimate archaeological investigation on public lands and the enforcement of penalties against those who loot or vandalise archaeological resources.
• The Native American Graves Protection and Repatriation Act (1990) (NAGPRA), which addresses the rights of lineal descendants, Indian tribes, and Native Hawaiian organisations to human remains, funerary objects, sacred objects, and objects of cultural patrimony that originated in their community.
• The Antiquities Act (1906), which was the first federal law to provide nationwide protection for cultural resources.
• The National Environmental Policy Act (1970) (NEPA), which mandates that federal agencies consider the effects of their proposed actions on the environment, including the human environment.
• The Native American Graves Protection and Repatriation Act (NAGPRA), which was enacted to address the rights of lineal descendants, Indian tribes, and Native Hawaiian Organisations to human remains, funerary objects, sacred objects, and objects of cultural patrimony.
• Executive Order 13175- Consultation and Coordination with Indian Tribal Governments and the DOI Policy on Consultation with Indian Tribes, which require federal agencies to conduct government-to-government consultations with federally recognised Indian tribes when undertaking federal actions that may impact tribes or tribal lands.
• Department of the Interior Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations, which requires consultation with ANCSA Corporations when park units initiate undertakings that have a substantial direct effect on Alaska Natives.

Executive Orders

• Executive Order 13007-Indian Sacred Sites (1996)
• Executive Order 13175-Consultation and Coordination with Indian Tribal Governments (2000)

The NPS also follows Executive Orders that are not specific to national parks but may impact their management. For example, Executive Order 13266 (Activities to Promote Personal Fitness) is relevant to the NPS as it promotes recreational activities in national parks.

In addition to Executive Orders, the NPS also operates under Federal laws, regulations, and policies established by the Director of the NPS and the Secretary of the Interior.

Hunting and fishing

Hunting, fishing, and trapping are allowed in some US national parks, but they are subject to various laws and regulations. The National Park Service (NPS) manages over 400 park units for the conservation of resources, including wildlife, and hunting, trapping, and fishing are permitted where authorised by existing laws.

Hunting is allowed in 75 NPS units, which make up 60% of the total NPS-managed lands. Hunting may occur in park units where it is either mandated or authorised as a discretionary activity in the park's enabling legislation or other laws. There are two types of parks in this regard: "May Hunt" parks, where hunting is specifically authorised as a discretionary activity under Federal statutory law, and "Shall Hunt" parks, where hunting is specifically mandated by Federal statutory law.

Fishing is allowed in 213 NPS units. Unlike hunting and trapping, fishing is allowed in NPS units unless specifically closed through park-specific regulations. NPS Service-wide regulations for fishing include adopted, non-conflicting regulations of the embodying state(s).

Trapping is permitted in 31 NPS units. Like hunting, trapping is only allowed in parks where it is mandated by Federal statute.

In 2019, the President's Administration ordered the NPS to examine all its current hunting and fishing regulations that were stricter than the relevant state's game laws. This followed a 2018 review by the Department of the Interior, which found that 19 parks had more restrictive hunting regulations and 35 parks had more restrictive fishing regulations than their corresponding state's laws.

In addition to NPS regulations, individual US states will also have their own laws regarding hunting and fishing in national parks located within their territories. For example, in Colorado, fines have been increased for various violations, including fishing without a license and hunting without a hunter education certificate.

Alcohol and drug laws

Alcohol Policies

• Alcohol possession and consumption laws vary across different national parks. In general, alcohol is permitted in most national parks for individuals over the age of 21. However, it is prohibited in certain areas within the parks, such as buildings, parking lots, and specific trails or rivers.
• Open containers of alcohol are typically not allowed in motor vehicles, and operating a vehicle while under the influence of alcohol is strictly prohibited.
• Some national parks may have specific restrictions on the type of alcohol containers allowed or may require alcohol to be consumed from cups or other receptacles.
• The sale and consumption of alcoholic beverages in concession-operated areas, such as tap rooms or restaurants, are usually permitted according to business agreements and concession contracts.

Drug Policies

• The possession and use of marijuana are generally prohibited in all national parks, even in states where recreational use is permitted.
• The use of other drugs is also prohibited, and individuals found in possession of illegal drugs may be subject to fines, imprisonment, or both, as per NPS regulations.
• It is important to note that state and local laws may also apply within national parks, and visitors should be aware of the specific regulations for each park they visit.

It is always advisable to check the specific alcohol and drug policies of the national park you plan to visit, as there may be unique restrictions or allowances for certain areas within the park. The NPS website provides detailed information on the regulations for each park. Additionally, park rangers are a valuable source of information and can provide guidance on what is and isn't allowed during your visit.

Archaeological resources

The Archaeological Resources Protection Act (ARPA) was passed in 1979 to protect archaeological resources on public and Indian lands. ARPA provides archaeologists and law enforcement with tools to protect archaeological resources on public lands and Indian lands.

ARPA was passed in response to the need for more effective law enforcement tools to protect archaeological resources on public lands. The Antiquities Act of 1906, which was the first law in the United States to protect archaeological sites and collections, established a permitting process for archaeological investigations on federal lands and penalties for unauthorised removal of archaeological objects and destruction of sites. However, it did not effectively prevent or deter deliberate, criminal looting of archaeological resources. In 1974, the case United States vs. Diaz successfully challenged the constitutionality of the Antiquities Act, with two judges ruling that the terms of the Act were too vague to be enforceable.

ARPA provides clear language, such as the definition of an "archaeological resource", that makes it enforceable. It also establishes more rigorous fines and penalties for unauthorised excavation on federal land. ARPA specifies federal ownership of objects excavated from federal lands and lays out requirements for permits for archaeological investigations that include planning for the disposition and management of collections. It also authorises the development of regulations regarding the curation of archaeological collections.

ARPA prohibits the following activities:

• Excavation, damage, or destruction of archaeological resources, or attempts to do so, without an approved permit.
• Sale of archaeological resources found on public lands, whether or not the seller has a permit.
• Public disclosure of sensitive information, specifically the nature and location of archaeological resources.

Violations of ARPA can result in fines and/or jail time. Equipment used in the crime, such as metal detectors and vehicles, can also be confiscated.

Frequently asked questions