An Act to amend the Act approved August 18, 1970, providing for improvement in the administration of the National Park System by the Secretary of the Interior and clarifying authorities applicable to the National Park System, and for other purposes.
PL 94-458 (S.3430), enacted 10/07/1976

PUBLIC LAW 94-458—OCT. 7, 1976 
90 STAT. 1939 
Public Law 94-458 
94th Congress 
An Act 
To amend the Act approved August 18, 1970, providing for improvement in the 
administration of tlie Nati(mal I'ark System by the Secretary of tlie Interior 
and clarifying authorities applicable to the National Park System, and for 
other purposes. 
Be !f enacted by the Senate and House of Representatives 
of the 
United States of Amei'iea in Congress assembled. That section 3 of the 
Act approved Au^rust 18, 1970 (84 Stat. 825; 16 U.S.C. la-1 et seq.), 
is amended as follows: 
(1) In subsection (e), after "within an area of the national park 
system." insert ", as lono- as such activity does not jeopardize or unduly 
interfere witli the primary natural or historic resource of the area 
involved,". 
(2) At the end of subsection (g), change the period to a semicolon 
and add the following new subsections: 
"(h) promulgate and enforce regulations c(mcerning boating 
and other activities on or relating to waters located witliin areas 
of the Xational Park System, including waters subject to the juris-
diction of the L'nited States: Provided., That any regulations 
adopted pursuant to this subsection shall be complementary to, 
and not in derogation of, the authority of the United States Coast 
Guard to regulate the use of waters subject to the jurisdiction of 
the United States; 
"(i) provide meals and lodging, as the Secretary deems appro-
priate, for members of the United States Park Police and other 
employees of the Xational Park Service, as he may designate, 
serving temporarily on extended special duty in areas of the 
Xational Pai'k System, and for this purpose he is authorized to 
use funds appi'opriated for the expenses of the Department of 
the Interior.". 
SKC. 2. Such Act of August 18, 1970, is further amended by adding 
the following new sections: 
•\SKC. 5. Section 11 of the Act of May 26, 1930 (46 Stat. 383; 16 
U.S.C. 17j), is amended to read as follows: 
" ' S K C . 11. In the administi-ation of the Xational Park System, the 
Secretary of the Inteiioi" is authorized, under regulations prescribed 
by him, to pay (a) the traveling expenses of employees, including the 
costs of packing, crating, and ti-ansporting (including draying) their 
personal i)roperty. upon peimanent change of station of such employees 
and (b) the traveling expenses as aforesaid of dependents of 
deceased euiployees (i) to the nearest housing reasonably available 
and of a standard not less than that which is vacated, and to include 
compensation for not to exceed sixty days rental cost thereof, in the 
case of an employee who occui)ied Government housing and the death 
of such employee leepiires that housing to be promptly vacated, and 
(ii) to the nearest poit of entiy in the conterminous forty-eight States 
in the case of an employee whose last permanent station was outside 
the contei-minous foity-eight States.'. 
"SFX\ 6. X'^otwithstanding any other provision of law, the Secretary 
of the Interior may relinquish to a State, or to a Commonwealth, ter-
ritory, or possession of the United States, part of the legislative juris-
Oct. 7, 1976 
[S. 3430] 
National Park 
System. 
Administration; 
authority 
clarification. 
16 u s e la-2. 
Regulations. 
16 u s e la-2. 
U.S. Park 
Police, meals 
and lodging. 
Employees, 
traveling 
expenses. 
Legislative 
jurisdiction, 
relinquishment. 
16 u s e la-3. 
90 STAT. 1940 
PUBLIC LAW 94-458—OCT. 7, 1976 
Proposed 
agreement, 
submittal to 
congressional 
committees. 
Uniform 
allowance. 
16 u s e la-4. 
Investigation 
and study. 
16 u s e la-5. 
Reports to 
Speaker of the 
House and 
President of 
the Senate. 
Annual listing, 
transmittal to 
Speaker of the 
House and 
President of 
the Senate. 
Printing as 
House 
document. 
National Park 
System 
Advisory 
Board. 
Establishment. 
16 use 463. 
diction of the United States over National Park System lands or 
interests therein in that State, Commonwealth, territory, or possession: 
Provided^ That prior to consummating any such relinquishment, the 
Secretary shall submit the proposed agreement to the Committees on 
Interior and Insular Affairs of the United States Congress, and shall 
not finalize such agreement until sixty calendar days after such sub-
mission shall have elapsed. Relinquishment of legislative jurisdiction 
under this section may be accomplished (1) by filing with the Gov-
ernor (or, if none exists, with the chief executive officer) of the State, 
Commonwealth, territory, or possession concerned a notice of relin-
quishment to take effect upon acceptance thereof, or (2) as the laws 
of the State, Commonwealth, territory, or possession may otherwise 
provide. The Secretary shall diligently pursue the consummation of 
arrangements with each State, C^onmionwealth, territory, or possession 
within which a unit of the National Park System is located to the 
end that insofar as practicable the United States shall exercise con-
current legislative jurisdiction within units of the National Park 
System. 
"SEC. T. Notwithstanding subsection 5901 (a) of title 5, United States 
Code (80 Stat. 508), as amended, the uniform allowance for uniformed 
employees of the National Park Service may be up to $400 annually. 
"SEC. 8. The Secretary of the Interior is directed to investigate, 
study, and continually monitor the welfare of areas whose resources 
exhioit qualities of national significance and Avhich may have potential 
for inclusion in the National Park System. At the beginning of each 
fiscal year, the Secretary shall transmit to the Speaker of the House 
of Representatives and to the President of the Senate, comprehensive 
reports on each of those areas upon which studies have been completed. 
On this same date, and accompanying such reports, the Secretary shall 
transmit a listing, in generally descending order of importance or 
merit, of not less than twelve such areas which appear to be of national 
significance and which may have potential for inclusion in the 
National Park System. Threats to resource values, and cost escalation 
factors shall be considered in listing the order of importance or merit. 
Such listing may be comprised of any areas heretofore submitted 
under terms of this section, and which at the time of listing are not 
included in the National Park System. The Secretarv is also directed 
to transmit annually to the Speaker of the House oi 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. 
"SEC. 9. Section 3 of the Act of August 21, 1935 (49 Stat. 666, 667; 
16 U.S.C. 461,463), is amended to read as follows: 
" 'SEC. 3. (a) A general advisory board to be known as the National 
Park System Advisory Board is hereby established, to be composed oi 
not to exceed eleven persons, citizens of the L^nited States, to include 
but not be limited to representatives competent in the fields of history, 
archaeology, architecture, and natural science, who shall be appointed 
by the Secretary for a term not to exceed four years. The Secretary 
shall take into consideration nominations for appointees from piiblic 
and private, professional, civic, and educational societies, associations, 
and institutions. The members of such board shall receive no salary 
PUBLIC LAW 94-458—OCT. 7, 1976 
90 STAT. 1941 
but may be paid expenses incidental to travel when engaged in dis-
charging their duties as members. It shall be the duty of such board 
to advise the Secretary on matters relating to the National Park Sys-
tem, to other related areas, and to the administration of this Act, 
including but not limited to matters submitted to it for consideration 
by the Secretary, but it shall not be required to recommend as to the 
suitability or desirability of surplus real and related personal property 
for use as an historic monument. 
" ' (b) The National Park System Advisory Board shall continue to 
exist until January 1, 1990. In all other respects, it shall be subject 
to the provisions of the Federal Advisory Committee Act.'. 
"SEC. 10. (a) The arrest authority relating to the National Park 
Service is hereby amended in the following respects: 
"(1) Section 3 of the Act of March 3, 1897 (29 Stat. 621; 16 
U.S.C. 415), as supplemented; relating to certain arrest authority 
relative to national military parks, is hereby repealed; 
"(2) The first paragraph of that portion designated 'GEN-
E R A L E X P E N S E S — F O R E S T S E R V I C E ' of the Act of 
March 3, 1905 (33 Stat. 872; 16 U.S.C. 10, 559), as amended, 
relating in part to arrest authority relative to laws and regula-
tions applicable to forest reserves and national parks, is amended 
by deleting the words 'and national park service', 'and national 
parks', and 'or national parks'; 
"(3) Section 2 of the Act of March 2, 1933 (47 Stat. 1420; 16 
U.S.C. 10a), as amended, relating to certain arrest authority for 
certain employees of the National Park Service, is hereby repealed; 
and 
"(4) The second paragraph of section 6 of the Act of Octo-
ber 8,1964 (78 Stat. 1041; 16 U.S.C. 460n-5), as amended, relating 
to certain arrest authority relative to the Lake Mead National 
Recreation Area, is hereby repealed. 
"(b) In addition to any other authority conferred by law, the Secre-
tary of the Interior is authorized to designate, pursuant to standards 
prescribed in regulations by the Secretary, cei'tain officers or employees 
of the Department of the Interior who shall maintain law and order 
and protect persons and property within areas of the National Park 
System. In the performance of such duties, the officers or employees, so 
designated, may— 
"(1) carry firearms and make arrests without warrant for any 
offense against the United States committed in his presence, or 
for any felony cognizable under the laws of the United States if 
he has reasonable grounds to believe that the person to be arrested 
has committed or is committing such felony, provided such arrests 
occur within that system or the person to be arrested is fleeing 
therefrom to avoid arrest; 
"(2) execute any warrant or other process issued by a court or 
officer of competent jurisdiction for the enforcement of the provi-
sions of any Federal law or regulation issued pursuant to law 
arising out of an offense committed in that system or, where the 
person subject to the warrant or process is in that system, in con-
nection wath any Federal offense; and 
"(3) conduct investigations of offenses against the United 
States committed in that system in the absence of investigation 
thereof by any other Federal law enforcement agency having 
investigative jurisdiction over the offense committed or with the 
concurrence of such other agency. 
Termination. 
5 u s e app. I. 
Repeal. 
Repeal. 
Repeal. 
16 u s e 460m-5. 
Law and 
order, officers 
or employees 
to maintain. 
16 u s e la-6. 
90 STAT. 1942 
PUBLIC LAW 94-458—OCT. 7, 1976 
Cooperation. 
Law 
enforcement 
officer. 
5 use 8101. 
Program, 
transmittal to 
congressional 
committees. 
16 u s e la-7. 
"(c) The Secretary of the Interior is hereby authorized to— 
"(1) designate officers and employees of any other Federal 
agency or law enforcement personnel of any State or political 
subdivision thereof, when deemed economical and in the public 
interest and with the concurrence of that agency or that State or 
subdivision, to act as special policemen in areas of the IJ^ational 
Park System when supplemental law enforcement personnel may 
be needed, and to exercise the powers and authority provided by 
paragraphs (1), (2), and (3) of subsection (b) of this section; 
"(2) cooperate, within the National Park System, with any 
State or political subdivision thereof in the enforcement of super-
vision of the laws or ordinances of that State or subdivision; and 
"(3) provide limited reimbursement, to a State or its political 
subdivisions, in accordance with such regulations as he may pre-
scribe, where the State has ceded concurrent legislative jurisdic-
tion over the affected area of the system, for expenditures incurred 
in connection with its activities within that system which were 
rendered pursuant to paragraph (1) of this subsection. 
"(4) the authorities provided by this subsection shall supple-
ment the law enforcement responsibilities of the National Park 
Service, and shall not authorize the delegation of law enforcement 
responsibilities of the agency to State and local governments. 
"(d)(1) Except as otherwise provided in this subsection, a law 
enforcement officer of any State or political subdivision thereof desig-
nated to act as a special policeman under subsection (c) of this section 
shall not be deemed a Federal employee and shall not be subject to the 
provisions of law relating to Federal employment, including, but not 
limited to, those relating to hours of work, rates of compensation, 
leave, unemployment compensation, and Federal benefits. 
"(2) For purposes of the tort claim provisions of title 28, United 
States Code, a law enforcement officer of any State or political subdivi-
sion thereof shall, when acting as a special policeman under subsection 
(c) of this section, be considered a Federal employee. 
"(3) For purposes of subchapter I of chapter 81 of title 5, United 
States Code, relating to compensation to Federal employees for work 
injuries, a law enforcement officer of any State or political subdivision 
thereof shall, when acting as a special policeman under subsection 
(c) of this section be deemed a civil service employee of the United 
States within the meaning of the term 'employee' as defined in section 
8101 of title 5, and the provisions of that subchapter shall apply. 
"(e) Nothing contained in this Act shall be construed or applied to 
limit or restrict the investigative jurisdiction of any Federal law 
enforcement agency other than the National Park Service, and 
nothing shall he construed or applied to affect any right of a State or 
a political subdivision thereof to exercise civil and criminal jurisdic-
tion within the National Park System. 
"SEC. 11. Section 101(a) of title I of Public Law 89-655 (80 Stat. 
915; 16 U.S.C. 470a), is amended by adding thereto a new paragraph 
to read as follows: 
"'(4) to withhold from disclosure to the public, information 
relating to the location of sites or objects listed on the National 
Register whenever he determines that the disclosure of specific 
information would create a risk of destruction or harm to such 
sites or objects.'. 
"SEC. 12. (a) Not later than January 15 of each calendar year, the 
Secretary of the Interior shall transmit to the Committees on Interior 
and Insular Affairs a detailed program for the development of facili-
PUBLIC LAW 94-458—OCT. 7, 1976 
90 STAT. 1943 
ties, structures, or buildings for each unit of the National Park System 
consistent with the general management plans required in subsection 
(b) of this section. 
"(b) General management plans for the development of each unit 
of the National Park System, including the areas within the national 
capital region, shall be prepared by the Director of the National Park 
Service and transmitted to the Committees on Interior and Insular 
Affairs. Such plans shall include: 
"(1) the facilities which the Director finds necessary to accom-
modate the health, safety, and recreation needs of the visiting 
public, including such facilities as he may deem appropriate to 
provide in accordance with the provisions of the Act of Octo-
ber 9,1965 (79 Stat. 969); 
"(2) the location and estimated cost of all such facilities; and 
"(3) the projected need for any additional facilities required 
for such unit. 
"(c) The Secretary of the Interior shall hereafter transmit to the 
Committees on Interior and Insular Affairs all proposed awards of 
concession leases and contracts involving a gross annual business of 
$100,000 or more, or exceeding five years in duration (including 
renewals thereof), and all proposed rules and regulations relating 
thereto, sixty days before such awards are made or such rules and 
regulations are promulgated. The Act of July 14, 1956 (70 Stat. 543) 
is hereby repealed.". 
Approved October 7, 1976. 
General 
management 
plans, 
transmittal to 
congressional 
committees. 
Concession leases 
and contracts, 
proposed awards, 
transmittal to 
congressional 
committees. 
Repeal. 
16 u s e 17b-l. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No.94-1569 accompanying H.R. 11887 (Comm. on Interior and In-
sular Affairs). 
SENATE REPORT No. 94-1190 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 17, considered and passed Senate. 
Sept. 21, considered and passed House, amended, in lieu of H.R. 11887. 
Sept. 23, Senate agreed to House amendment.