The APA established the first formal procedures for the issuance of new regulations. The law ensured that the public had the opportunity to comment on proposed regulations during a "notice and comment period," during which federal agencies must publish their proposed regulations in the Federal Register and allow interested parties to submit written comments, or, at the discretion of the agency, oral comments. The final rule and a "concise general statement of their basis and purpose" must be published no later than 30 days before its effective date.
Concession Policies Act of 1965 (PL 89-249; 16 USC 20 - 20g)
Articulates comprehensive legislative direction with respect to the management of the concessions program by the National Park Service. Concession operations throughout the national park system are subject to the provisions of the above legislation and to NPS regulations governing concession contracts and permits (36 CFR 51) and the NPS Concessions Management Guideline (NPS-48).
Architectural Barriers Act of 1969 (42 USC 4151 et seq.)
Every reasonable effort will be made to make the facilities, programs, and services of the National Park Service accessible to and usable by all people, including those who are disabled.
National Environmental Policy Act of 1969 and 1977 (NEPA) (PL 91-190; 42 USC 4321 et seq.)
The National Environmental Policy Act (NEPA) was signed into law in 1970 by President Nixon. NEPA acts as a stop and think statute for projects that may affect the environment. NEPA requires that Federal agencies stop and consider the potential effects of actions that might adversely affect the environment, and consider possible alternative courses of action to reduce impacts, before approving the project.
Federal agencies are required to prepare various reports, the most significant being an Environmental Impact Statement, or EIS, for all "major Federal actions significantly affecting the quality of the human environment". Special attention must be paid to each of the words in the above phrase. Decisions must be made as to whether each action is major, is significant in its effects, and how the quality of the human environment is influenced.
Often, an environmental assessment (EA) is prepared to determine whether or not an environmental impact statement (EIS) will be required. EAs include brief discussions of the environmental impacts of and alternatives to a proposed project. If an EA indicates that no significant impact will occur, then a Finding of No Significant Impact (FONSI) may be issued which presents the reasons why the action will not produce significant environmental impacts.
However, if there is any reason to believe adverse effects to the environment will result, then an EIS must be prepared. An EIS is an often extensive document which must describe the environmental impacts of the proposed action, the adverse environmental impacts which cannot be avoided, the reasonable alternatives to the proposed action, the relationship between short term uses and long term productivity of the environment and any irreversible commitments of resources involved in the proposed action. Often the EIS process may involve several drafts of the document before a final EIS is produced.
Even with the requirements for environmental documents such as the EIS, NEPA offers no enforcement mechanism for its provisions. If an action is shown to cause great harm to the environment there is no requirement for that action to be canceled, or even changed. The EIS merely mandates that Federal agencies think about the consequences of their actions and possible alternatives.
Finally, NEPA required the establishment of the Council on Environmental Quality (CEQ). The CEQ has several duties which are to assist and advise the President in preparation of a national environmental quality report, to gather information on conditions of and trends in environmental quality, to evaluate federal programs in light of NEPA goals, to develop and promote policies for improving environmental quality, to conduct studies relating to environmental quality, and to report annually on the state of the environment.
Environmental Quality Improvement Act of 1970 (42 USC 4371 to 4375)
This Act was implemented as Title II of P.L. 224 (Federal Water Pollution Control Act Amendments of 1970) to assure that each Federal department and agency conducting or supporting public works activities which affect the environment shall implement policies established under existing law, and to authorize an Office of Environmental Quality in the Executive Office of the President to provide professional and administrative staff for the Council on Environmental Quality (established by NEPA (42 U.S.C. 4343). The Chairman of the CEQ is appointed Director of the Office of Environmental Quality. This office is directed to (1) assist Federal agencies and departments in appraising the effectiveness of their existing and proposed facilities, programs, polices, and activities which affect environmental quality, (2) reviewing the adequacy of existing systems to monitor and predict environmental change, (3) promote the advancement of scientific knowledge of effects of actions and technology on the environment, and (4)assist in coordination among Federal departments and agencies in those programs and activities which affect, protect, and improve environmental quality (42 U.S.C. 4341-4347).
Executive Order 11514 - Protection and Enhancement of Environmental Quality of 1970 (Amended by Executive Order 11991)
Directs Federal agencies to initiate measures needed to direct their policies, plans, and programs to meet national environmental goals. Federal agencies are responsible for developing procedures (e.g., public hearings, information on alternative courses of action) to ensure the public can review, understand, and comment on Federal plans and programs with environmental impacts in a timely manner. The Council on Environmental Quality (CEQ) developed regulations requiring EISs to be more concise, clear, and to the point, (and therefore more useful to the decisionmakers) in response to this executive order.
Rehabilitation Act of 1973 (29 USC 701 et seq.)
Every reasonable effort will be made to make the facilities, programs, and services of the National Park Service accessible to and usable by all people, including those who are disabled.
Executive Order 12003 - Energy Efficiency and Water Conservation at Federal Facilities (1977)
This Executive Order was issued to reduce overall Federal facility energy consumption levels by 30 percent, relative to agencies' 1985 energy use, by the year 2005. The EO also directs agencies to utilize innovative financing and contractual mechanisms including utility demand side management programs, shared energy savings contracts, and energy savings performance contracts to meet the goals and requirements of the Order. OMB will host a workshop for agencies on these financing and contracting arrangements.
In addition, this EO contains acquisition requirements for the procurement of energy efficient products and the development of best practice technologies. OMB/OFPP shall issue WE or update guidelines for these products annually, in consultation with the Defense Logistics Agency, DOE, and GSA. DOE in consultation with OFPP, GSA, DOD, EPA and the National Institute of Standards and Technology (NIST) shall issue a "Federal Procurement Challenge" inviting each federal agency to commit a specified fraction of their purchases within a given time period to advanced, high-efficiency product models.
National Parks and Recreation Act of 1978 (PL 95-625)
Section 604 requires that "for the preservation and use of each unit of the National Park system" General Management Plans " shall be prepared and revised in a timely manner."
Executive Order 11991 - Relating to Protection and Enhancement of Environmental Quality (1978)
Paperwork Reduction Act of 1980 (44 USC 3501-3520)
The Paperwork Reduction Act was designed to minimize the amount of paperwork imposed on the public and to increase the efficiency and management of the information collected by the federal government. The PRA created the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), to develop a federal information management policy and to create a clearance process for all new paperwork imposed on the public.
Executive Order 12630 - Government Actions and Interference with Constitutionally Protected Property Rights (1988)
Americans With Disabilities Act of 1990 & 1995 (ADA) (PL 101-336)
The National Park Service will provide the highest feasible level of physical access for persons with disabilities to all buildings and public use areas consistent with the preservation of historic structures, sites, and properties. For historic structures, access modifications would be designed and installed to least affect the features of a property that contribute to its significance. Some impairment of features would be accepted when providing access.
Executive Order 12843 - Procurement Requirements and Policies for Federal Agencies for Ozone-Depleting Substances (1993)
This EO pushes the Federal Government, a principal user of these substances, to reduce their use through affirmative procurement practices and to provide leadership in their phaseout. It also promotes the use of safe alternative substances and new technologies to replace ozone depleting substances.
Executive Order 12845 - Requiring Agencies to Purchase Energy Efficient Computer Equipment (1993)
This EO directs Federal agencies to set an example in the energy efficient operation of its facilities and the procurement of pollution preventing technologies, while saving taxpayer dollars. It specifically requires agencies to buy computer equipment that meets EPA Energy Star requirements for energy efficiency.
Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements (1993)
Executive Order 12862 - Customer Service (1993)
All executive departments and agencies that provide significant services directly to the public shall provide those services in a manner that seeks to meet the customer service standard established in this order. Agencies shall:
· Identify customers
· Survey customers and front-line employees to determine kind and quality of services and barriers to those services
· Benchmark customer service performance against the best in the business
· Make information, services, and complaint systems easily accessible
· Provide means to address customer complaints
Executive Order 12866 - Regulatory Planning and Review (1993)
This order harmonizes Federal regulatory actions with related state, local, and tribal regulatory and government functions.
Executive Order 12873 - Federal Acquisition, Recycling, and Waste Prevention (1993)
This order requires the Federal Government to use recycled and environmentally preferable products and services to spur the private sector to develop of new technologies and use such products, thereby creating business and employment opportunities and enhancing regional and local economics and the national economy. Each agency is to set goals for waste reduction and increasing the procurement of recycled and other environmentally preferable products.
Government Performance and Results Act of 1993 (GPRA) (PL 103-62)
In 1995 the National Park Service began actively working to comply with the Government Performance and Results Act (GPRA) to develop a performance management system that will be useful and used. This act requires both strategic planning and performance measurement -- setting goals and reporting results. The Government Performance and Results Act seeks to make the federal government more accountable to the American people in its actions and expenditures. The National Park Service, with its mandate to preserve natural and cultural resources and to provide access to the nation's parks and treasures, can and must demonstrate its value to the American people.
Performance management, through the use of measurable goals, can be of great benefit to the National Park Service. It provides a new way of thinking, planning, and working that focuses on the results of the efforts expended, and not on the efforts themselves. At first glance, this may not seem like such a mind shift, but when fully carried out at the agency level, or even at the scale of an individual park, the implications for realignment of resources (personnel and equipment), streamlining of procedures, and reallocation of funding often are greater and carry more benefits than ever imagined. Performance management is not a new technique or a passing fad. It has been used in the private sector for years to evaluate and reward success, and to hold company management accountable for the decisions made and the money spent.
Performance management has now come to the federal government by way of the bipartisan support enjoyed by the Government Performance and Results Act. Happily, performance management does not promote doing more with less; what it provides is a process through which organizations can make sure they do the right things for the right reasons. For the National Park Service, the mandatory implementation of performance management and GPRA planning requirements comes at a propitious time. With the NPS reorganization completed, the agency is deeply involved in developing innovative, streamlined ways to carry out the work of the service. The agency has the opportunity now, for the first time in its history, working with the impetus of the Government Performance and Results Act, to develop a strategic plan for each national park system unit that explains why the unit exists, and what its mission is, what goals management and staff should be achieving to fulfill its mission, and how they might organize the human and fiscal resources to meet those goals within specific time frames.
Executive Order 12898 - Environmental Justice (1994)
This order provides minority and low-income populations an opportunity to comment on the development and design of agency activities. Federal agencies shall make achieving environmental justice part of their missions by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.
Omnibus Parks and Public Land Management Act of 1996 (PL 104-333)
Executive Order 13006 - Locating Federal Facilities On Historic Properties In Our Nation's Central Cities (1996)
Executive Order 11987 - Exotic Organisms
This executive order required federal agancies to "restrict the introduction of exotic species into the natural ecosystems on lands and waters which they own, lease, or hold for the purpose of administration"and to "encourage the States, local governments, and privtae citizens to prevent tthe introduction of exotics into natural ecosysterms of the United States" unless the Secretaries of Agriculture or Interior "find that such introduction or exportation will not have an adverse effect on natural ecosystems".
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (PL 92-516; 7 USC 136 et seq.)
This act requires that all pesticides be registered, and that pesticides be used in accordance with the registration. The act restricts the use of certain pesticides. Some pesticides are regulated as toxic pollutants under the Clean Water Act and Sasfe Drinking Water Act.
Federal Tort Claims Act (28 USC 1346b, 2671-80)
This act provides the basis for the NPS to be held liable for failure or negligence with respect to visitor protection. Most interpretations of tort law make the landowner responsible for taking reasonable care to avert harm to visitors.
Ranger Futures
Temporary Employees
Federal Advisory Committee Act
Mandatory Background Checks
