54 U.S.C. §100101 NPS Organic Act of 1916

§ 100101

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

enacted into law by Public Law 93–554 (2 U.S.C.
285b(1)).’’
TRANSITIONAL AND SAVINGS PROVISIONS
Pub. L. 113–287, § 6, Dec. 19, 2014, 128 Stat. 3272, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) SOURCE PROVISION.—The term ‘source provision’
means a provision of law that is replaced by a title 54
provision.
‘‘(2) TITLE 54 PROVISION.—The term ‘title 54 provision’ means a provision of title 54, United States
Code, that is enacted by section 3.
‘‘(b) CUTOFF DATE.—The title 54 provisions replace
certain provisions of law enacted on or before January
15, 2013. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend
or repeal, as the case may be, the corresponding title 54
provision. If a law enacted after that date is otherwise
inconsistent with a title 54 provision or a provision of
this Act [see Tables for classification], that law supersedes the title 54 provision or provision of this Act to
the extent of the inconsistency.
‘‘(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For
purposes of determining whether one provision of law
supersedes another based on enactment later in time, a
title 54 provision is deemed to have been enacted on the
date of enactment of the source provision that the title
54 provision replaces.
‘‘(d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 54 provision is deemed to refer to the
corresponding source provision.
‘‘(e) REFERENCES TO SOURCE PROVISIONS.—A reference
to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 54 provision.
‘‘(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 54 provision.
‘‘(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An
action taken or an offense committed under a source
provision is deemed to have been taken or committed
under the corresponding title 54 provision.’’
REPEALS
Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, repealed specified laws relating to the National Park
System, except with respect to rights and duties that
matured, penalties that were incurred, or proceedings
that were begun before Dec. 19, 2014.

(b) DECLARATIONS.—
(1) 1970 DECLARATIONS.—Congress declares
that—
(A) the National Park System, which
began with establishment of Yellowstone
National Park in 1872, has since grown to include superlative natural, historic, and
recreation areas in every major region of the
United States and its territories and possessions;
(B) these areas, though distinct in character, are united through their interrelated
purposes and resources into one National
Park System as cumulative expressions of a
single national heritage;
(C) individually and collectively, these
areas derive increased national dignity and
recognition of their superb environmental
quality through their inclusion jointly with
each other in one System preserved and
managed for the benefit and inspiration of
all the people of the United States; and
(D) it is the purpose of this division to include all these areas in the System and to
clarify the authorities applicable to the System.
(2) 1978 REAFFIRMATION.—Congress reaffirms,
declares, and directs that the promotion and
regulation of the various System units shall
be consistent with and founded in the purpose
established by subsection (a), to the common
benefit of all the people of the United States.
The authorization of activities shall be construed and the protection, management, and
administration of the System units shall be
conducted in light of the high public value and
integrity of the System and shall not be exercised in derogation of the values and purposes
for which the System units have been established, except as directly and specifically provided by Congress.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3096.)
HISTORICAL AND REVISION NOTES
Revised
Section
100101(a) .....

Source (U.S. Code)

Source (Statutes at Large)
Aug. 25, 1916, ch. 408, § 1 (last
sentence), 39 Stat. 535.
Pub. L. 91–383, § 1, Aug. 18,
1970, 84 Stat. 825; Pub. L.
95–250, title I, § 101(b),
Mar. 27, 1978, 92 Stat. 166.

Subtitle I—National Park System

100101(b)(1)

16 U.S.C. 1 (last sentence).
16 U.S.C. 1a–1 (1st
sentence).

DIVISION A—ESTABLISHMENT AND
GENERAL ADMINISTRATION

100101(b)(2)

16 U.S.C. 1a–1 (2d,
last sentences).

CHAPTER 1001—GENERAL PROVISIONS
Sec.

100101.
100102.

Promotion and regulation.
Definitions.

§ 100101. Promotion and regulation
(a) IN GENERAL.—The Secretary, acting
through the Director of the National Park Service, shall promote and regulate the use of the
National Park System by means and measures
that conform to the fundamental purpose of the
System units, which purpose is to conserve the
scenery, natural and historic objects, and wild
life in the System units and to provide for the
enjoyment of the scenery, natural and historic
objects, and wild life in such manner and by
such means as will leave them unimpaired for
the enjoyment of future generations.

Page 10

In subsection (a), the words ‘‘Secretary, acting
through the Director of the National Park Service’’ are
substituted for ‘‘service thus established’’ to reflect the
transfer of functions of other officers, employees, and
agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No.
3 of 1950 (5 U.S.C. App.) while keeping the responsibility
for promoting and regulating the use of the National
Park System with the Director of the National Park
Service.
In subsection (b)(1)(D), the words ‘‘this division’’ are
substituted for ‘‘this Act’’ for clarity. The purpose of
the Act of August 18, 1970 (known as the National Park
System General Authorities Act) (Public Law 91–383, 84
Stat. 825), was to update and clarify the law with respect to the various units of the National Park System
by enlarging the application of existing general statutes so that they apply uniformly to the administration of the various types of parklands within the national park system. See H. Rept. 91–1265 (91st Cong., 2d

Page 11

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

Sess.). However, section 2(b) of that Act, rather than
being enacted as a new provision of law, amended section 2 of the Act of August 8, 1953 (ch. 384, 67 Stat. 496),
and would not be included in the reference to ‘‘this
Act’’ in section 1 of the Act of August 18, 1970. The revised subsection translates the reference to ‘‘this Act’’
to carry out the intent of the Act of August 18, 1970.
SHORT TITLE OF 2009 ACT
Pub. L. 111–11, § 1(a), Mar. 30, 2009, 123 Stat. 991, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Public Land Management
Act of 2009’.’’
SHORT TITLE OF 2006 ACT
Pub. L. 109–453, § 1(a), Dec. 22, 2006, 120 Stat. 3367, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Historic Preservation Act
Amendments Act of 2006’.’’
Pub. L. 109–338, § 1(a), Oct. 12, 2006, 120 Stat. 1783, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Heritage Areas Act of
2006’.’’
SHORT TITLE OF 2005 ACT
Pub. L. 109–156, § 1, Dec. 30, 2005, 119 Stat. 2946, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Delaware Water Gap National
Recreation Area Improvement Act’.’’
SHORT TITLE OF 2000 ACT
Pub. L. 106–355, § 1, Oct. 24, 2000, 114 Stat. 1385, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Historic Lighthouse Preservation Act of 2000’.’’
Pub. L. 106–291, title I, § 150(a), Oct. 11, 2000, 114 Stat.
956, provided that: ‘‘This section [see Tables for classification] may be cited as the ‘National Underground
Railroad Freedom Center Act’.’’
Pub. L. 106–208, § 1, May 26, 2000, 114 Stat. 318, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘National Historic Preservation Act
Amendments of 2000’.’’
Pub. L. 106–176, § 1(a), Mar. 10, 2000, 114 Stat. 23, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Parks Technical Corrections Act of 2000’.’’
SHORT TITLE OF 1998 ACT
Pub. L. 105–391, § 1(a), Nov. 13, 1998, 112 Stat. 3497, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Parks Omnibus Management Act of 1998’.’’
Pub. L. 105–391, title III, § 301, Nov. 13, 1998, 112 Stat.
3501, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘National Park System
New Areas Studies Act’.’’
Pub. L. 105–391, title IV, § 401, Nov. 13, 1998, 112 Stat.
3503, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘National Park Service
Concessions Management Improvement Act of 1998’.’’
Pub. L. 105–203, § 1, July 21, 1998, 112 Stat. 678, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Underground Railroad
Network to Freedom Act of 1998’.’’
SHORT TITLE OF 1996 ACT
Pub. L. 104–333, § 1, Nov. 12, 1996, 110 Stat. 4093, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Parks and Public Lands
Management Act of 1996’.’’
SHORT TITLE OF 1994 ACT
Pub. L. 103–451, § 1, Nov. 2, 1994, 108 Stat. 4769, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Maritime Heritage Act of
1994’.’’
SHORT TITLE OF 1992 ACT
Pub. L. 102–575, title XL, § 4001, Oct. 30, 1992, 106 Stat.
4753, provided that: ‘‘This title [see Tables for classi-

§ 100101

fication] may be cited as the ‘National Historic Preservation Act Amendments of 1992’.’’
SHORT TITLE OF 1980 ACT
Pub. L. 96–515, § 1, Dec. 12, 1980, 94 Stat. 2987, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘National Historic Preservation Act
Amendments of 1980’.’’
SHORT TITLE OF 1978 ACT
Pub. L. 95–625, § 1, Nov. 10, 1978, 92 Stat. 3467, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘National Parks and Recreation Act of
1978’.’’
Pub. L. 95–625, title X, § 1001, Nov. 10, 1978, 92 Stat.
3538, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Urban Park and Recreation Recovery Act of 1978’.’’
SHORT TITLE OF 1970 ACT
Pub. L. 91–383, § 14, as added by Pub. L. 108–352, § 10(b),
Oct. 21, 2004, 118 Stat. 1397, provided that: ‘‘This Act
[see Tables for classification] may be cited as the ‘National Park System General Authorities Act’.’’
Pub. L. 91–357, § 5, July 29, 1970, 84 Stat. 472, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Volunteers in the Parks Act of 1969’.’’
SHORT TITLE OF 1966 ACT
Pub. L. 89–665, § 1(a), Oct. 15, 1966, 80 Stat. 915; Pub. L.
96–515, title I, § 101(a), Dec. 12, 1980, 94 Stat. 2987, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘National Historic Preservation
Act’.’’
SHORT TITLE OF 1964 ACT
Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897,
provided in part that: ‘‘This Act [see Tables for classification] may be cited as the ‘Land and Water Conservation Fund Act of 1965’.’’
SHORT TITLE OF 1916 ACT
Act Aug. 25, 1916, ch. 408, § 5, as added by Pub. L.
108–352, § 10(a), Oct. 21, 2004, 118 Stat. 1397, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘National Park Service Organic Act’.’’
SPECIAL EVENTS AT NATIONAL MALL
Pub. L. 108–108, title I, § 145, Nov. 10, 2003, 117 Stat.
1280, provided that: ‘‘None of the funds appropriated or
otherwise made available by this or any other Act,
hereafter enacted, may be used to permit the use of the
National Mall for a special event, unless the permit expressly prohibits the erection, placement, or use of
structures and signs bearing commercial advertising.
The Secretary may allow for recognition of sponsors of
special events: Provided, That the size and form of the
recognition shall be consistent with the special nature
and sanctity of the Mall and any lettering or design
identifying the sponsor shall be no larger than onethird the size of the lettering or design identifying the
special event. In approving special events, the Secretary shall ensure, to the maximum extent practicable, that public use of, and access to the Mall is not
restricted. For purposes of this section, the term ‘special event’ shall have the meaning given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal Regulations.’’
NATIONAL PARK POLICE DRUG ENFORCEMENT
SUPPLEMENTAL AUTHORITY ACT
Pub. L. 99–570, title V, subtitle B (§§ 5051, 5052), Oct.
27, 1986, 100 Stat. 3207–156, as amended by Pub. L.
100–690, title VI, § 6254(d)(2), Nov. 18, 1988, 102 Stat. 4365,
provided that:
‘‘SEC. 5051. SHORT TITLE.
‘‘This subtitle may be cited as the ‘National Park Police Drug Enforcement Supplemental Authority Act’.

§ 100102

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

‘‘SEC. 5052. NATIONAL PARK AUTHORIZATION.
‘‘In order to improve Federal law enforcement activities relating to the use and production of narcotics and
controlled substances in National Park System units,
from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to
sums made available under other authority of law,
$3,000,000 for fiscal year 1989, and for each fiscal year
thereafter, to be used for the employment and training
of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of
August 18, 1970 ([former] 16 U.S.C. 1a–6 [see 54 U.S.C.
102701]), for equipment and facilities to be used by such
personnel, and for expenses related to such employment, training, equipment, and facilities.’’
PURPOSES OF PUB. L. 88–578
Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78 Stat. 897,
provided that: ‘‘The purposes of this Act [see Tables for
classification] are to assist in preserving, developing,
and assuring accessibility to all citizens of the United
States of America of present and future generations
and visitors who are lawfully present within the boundaries of the United States of America such quality and
quantity of outdoor recreation resources as may be
available and are necessary and desirable for individual
active participation in such recreation and to strengthen the health and vitality of the citizens of the United
States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition,
and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas.’’

§ 100102. Definitions
In this title:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
(2) NATIONAL PARK SYSTEM.—The term ‘‘National Park System’’ means the areas of land
and water described in section 100501 of this
title.
(3) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of the Interior.
(4) SERVICE.—The term ‘‘Service’’ means the
National Park Service.
(5) SYSTEM.—The term ‘‘System’’ means the
National Park System.
(6) SYSTEM UNIT.—The term ‘‘System unit’’
means one of the areas described in section
100501 of this title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3096.)

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.)
HISTORICAL AND REVISION NOTES
Revised
Section
100301 .........

Revised
Section

Source (U.S. Code)

100102 .........

16 U.S.C. 1 (1st sentence words before 1st comma).

Source (Statutes at Large)
Aug. 25, 1916, ch. 408, § 1 (1st
sentence words before 1st
comma), 39 Stat. 535.

(a) DIRECTOR.—
(1) APPOINTMENT.—The Service shall be
under the charge of a director who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) QUALIFICATIONS.—The Director shall have
substantial experience and demonstrated competence in land management and natural or
cultural resource conservation.
(3) AUTHORITY.—Under the direction of the
Secretary, the Director shall have the supervision, management, and control of System
units. In the supervision, management, and
control of System units contiguous to national forests the Secretary of Agriculture
may cooperate with the Service to such extent
as may be requested by the Secretary.
(b) DEPUTY DIRECTORS.—The Director shall select 2 Deputy Directors. One Deputy Director
shall have responsibility for Service operations,
and the other Deputy Director shall have responsibility for other programs assigned to the
Service.
(c) OTHER EMPLOYEES.—The Service shall have
such subordinate officers and employees as may
be appropriated for by Congress.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

100302(a)(1)

16 U.S.C. 1 (1st sentence words after
1st comma).

Aug. 25, 1916, ch. 408, § 1 (1st
sentence words after 1st
comma, 2d to 4th sentences), 39 Stat. 535; Pub.
L. 104–333, div. I, title
VIII, § 814(e)(1), Nov. 12,
1996, 110 Stat. 4196.

100302(a)(2)

16 U.S.C. 1 (2d sentence).
16 U.S.C. 2.

100302(a)(3)

100302(c) .....

16 U.S.C. 1 (3d, 4th
sentences).
16 U.S.C. 1 (5th sentence).

Aug. 25, 1916, ch. 408, § 2, 39
Stat. 535.
Aug. 25, 1916, ch. 408, § 1 (5th
sentence), 39 Stat. 535.

Source (Statutes at Large)

no source.

The term ‘‘System unit’’ is added because various
laws relating to the National Park Service apply to any
area of land or water administered by the Secretary
through the Service regardless of the terms used in
those laws. See section 100501 of the revised title.

CHAPTER 1003—ESTABLISHMENT,
DIRECTORS, AND OTHER EMPLOYEES
Sec.

100301.
100302.
100303.

Source (U.S. Code)

§ 100302. Directors and other employees

100302(b) .....

HISTORICAL AND REVISION NOTES

Page 12

Establishment.
Directors and other employees.
Effect on other laws.

§ 100301. Establishment
There is in the Department of the Interior a
service called the National Park Service.

In subsection (a)(3), the words ‘‘of the Hot Springs
Reservation in the State of Arkansas’’ [changed to
‘‘Hot Springs National Park’’ because of section 1 of
the Act of March 4, 1921 (ch. 161, 41 Stat. 1407)] in section 2 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535)
are omitted as unnecessary.
Subsection (c) is substituted for the 5th sentence of
section 1 of the Act of August 25, 1916 (known as the
National Park Service Organic Act) (ch. 408, 39 Stat.
535), to eliminate unnecessary words and because the
pay of employees is fixed pursuant to chapter 51 and
subchapter III of chapter 53 of title 5.

§ 100303. Effect on other laws
This chapter and sections 100101(a), 100751(a),
100752, 100753, and 102101 of this title do not affect or modify section 100902(a) of this title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.)