SUBCHAPTER IV—ADMINISTRATION
§100751. Regulations
(a) In General.—The Secretary shall prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.
(b) Boating and Other Activities on or Relating to Water.—The Secretary, under such terms and conditions as the Secretary considers advisable, may prescribe regulations under subsection (a) concerning boating and other activities on or relating to water located within System units, including water subject to the jurisdiction of the United States. Any regulation under this subsection shall be complementary to, and not in derogation of, the authority of the Coast Guard to regulate the use of water subject to the jurisdiction of the United States.
(c) Criminal Penalties.—Criminal penalties for a violation of a regulation prescribed under this section are provided by section 1865 of title 18.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 100751(a) |
16 U.S.C. 3 (1st sentence words before "and any violation"). |
Aug. 25, 1916, ch. 408, §3 (1st sentence words before "and any violation"), 39 Stat. 535. |
| 100751(b) |
16 U.S.C. 1a–2(a) (matter before (a)). |
Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
| |
16 U.S.C. 1a–2(h). |
Pub. L. 91–383, §3(h), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
| 100751(c) |
no source. |
|
In subsection (b), the words "In order to facilitate the administration of the national park system" and "and enforce" are omitted as unnecessary. The words "under subsection (a)" are added for clarity to show that a regulation under subsection (b) is a special type of regulation under subsection (a) so that a violation of a regulation under subsection (b) is subject to a criminal penalty under 18 U.S.C. 1865.
Subsection (c) is added for informational purposes.
§100752. Destruction of animals and plant life
The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
§100753. Disposal of timber
The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment of the Secretary, the cutting of timber is required to control attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
§100754. Relinquishment of legislative jurisdiction
(a) In General.—Notwithstanding any other provision of law, the Secretary may relinquish to a State or a territory (including a possession) of the United States part of the legislative jurisdiction of the United States over System land or interests in land in that State or territory. Relinquishment may be accomplished—
(1) by filing with the chief executive official of the State or territory a notice of relinquishment to take effect on acceptance; or
(2) as the laws of the State or territory may otherwise provide.
(b) Submission of Agreement to Congress.—Prior to consummating a relinquishment under subsection (a), the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The Secretary shall not finalize the agreement until 60 calendar days after the submission has elapsed.
(c) Concurrent Legislative Jurisdiction.—The Secretary shall diligently pursue the consummation of arrangements with each State or territory within which a System unit is located so that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within System units.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 100754 |
16 U.S.C. 1a–3. |
Pub. L. 91–383, §6, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 103–437, §6(a)(1), Nov. 2, 1994, 108 Stat. 4583. |
In this section, the words "territory (including a possession)" are substituted for "territory, or possession" the 1st time the words appear for clarity, because a possession is a category of territory, that is, one that has very little local autonomy. In subsequent instances, the word "territory" is used in an equivalent sense. The word "Commonwealth" is omitted as being included in "territory (including a possession)".
§100755. Applicability of other laws
(a) In General.—This section and sections 100501, 100901(d) to (h), 101302(b)(2), 101901(c), and 102711 of this title, and the various authorities relating to the administration and protection of System units, including the provisions of law listed in subsection (b), shall, to the extent that those provisions are not in conflict with any such specific provision, be applicable to System units, and any reference in any of these provisions to a System unit does not limit those provisions to that System unit.
(b) Applicable Provisions.—The provisions of law referred to in subsection (a) are—
(1) section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 104906, and chapter 2003 of this title;
(2) the Act of March 4, 1911 (43 U.S.C. 961); and
(3) chapter 3201 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3112.)
In subsection (a), the words "reference in such Act" are interpreted to mean "reference in such Acts" for clarity.
In subsection (b)(1), the words "relating to donation of land and money", "relating to roads and trails", "relating to approach roads to national monuments", "relating to conveyance of roads to States", "relating to acquisitions of inholdings", and "relating to aid to visitors in emergencies" are omitted as unnecessary. The words "the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests" are omitted because the Act was repealed by section 10(a)(2) of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1941). The words "relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents" are omitted as unnecessary. The words "the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 20–20g), relating to concessions" are omitted because the Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (b)(2), the words "relating to rights of way" are omitted as unnecessary.
Subsection (b)(3) is added for clarity because many of the laws that established a System unit provided that the Secretary, in addition to administering the unit in accordance with the Act of August 25, 1916 (16 U.S.C. 1, 3, 3, and 4) and with laws generally applicable to System units, administer the unit in accordance with the Act of August 21, 1935 (16 U.S.C. 461 to 467).