Laws Relating Mount Rainier National Park
MPG V2.8, January 2013
As a National Park, Mount Rainier National Park (NP) is under the operation and management of the National Park Service (NPS), Department of the Interior. That said, it is the jurisdiction of Congress to pass the laws, signed by the President, which defines the appropriations (funds) and legal matters for the NP and which are implemented or translated into policies and regulations by the NPS for Mt. Rainier NP.
Types of Laws
After the laws which apply specifically to Mt. Rainier NP and the NPS' responsibilities in and with the NP there are the set of laws which apply to, but not specifically to, the operation, management and planning of federal lands including national parks. This means any action and work in or with Mt. Rainier NP and its resources must also comply with the appropriate provisions of these laws.
The laws which apply to the management and planning are outlined and described in the Carbon River Environment Assessment Plan, chapter III, pages 27-30, and described below. Other laws apply for other activities and work in the NP, and they'll be added as discovered in the research.
In addition to laws of this nature, there are also Presidential Executive Orders which are generally orders to staff of the executive branch and not citizens for the operation and management of the agencies under the President's jurisdiction and authority, as described by Wikipedia:
"Although there is no Constitutional provision or statute that explicitly permits Executive Orders, there is a vague grant of "executive power" given in Article II, Section 2, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 4, that has been construed as justification for the legal weight of Executive orders."
These will be presented after the laws relating to Mt. Rainier NP.
Laws Relating to Mt. Rainier NP
National Park Service Organic Act (1916) (16 USC 1)
This was the act which created the National Park Service and incorporated all the existing NP's under independent management and operation into one agency with consistent laws, reguatlions, policies and another necessary requirements for the best use for the preservation of the resources and the visitor experience.
1970 National Park Service General Authorities Act (as amended in 1978 - Redwood Amendment)
"This act prohibits the NPS from allowing any activities that would cause derogation of the values and purposes for which the parks have been established (except as directly and specifically provided by Congress in the enabling legislation for the parks)..."
National Parks Omnibus Management Act (1998) (PL 105-392, 112 Statute 3497)
"The National Park Service Omnibus Management Act addresses resources inventory and management in Title II. Section 201 defines the purposes of this title to enhance and encourage scientific study in National Park System (NPS) units. Section 202 authorizes and directs the Secretary of the Interior to ensure management is enhanced in NPS units by a broad program of high quality science and information. Section 205 states the Secretary may solicit, receive, and consider requests from Federal and non-Federal public or private entities for the use of NPS units for scientific study."
National Environmental Policy Act (1969) (NEPA) (42 USC 4341 et seq.)
"NEPA requires the identification and documentation of the environmental consequences of federal actions. Regulations implementing NEPA are set for by the President’s Council on Environmental Quality (40 CFR Parts 1500-1508). CEQ regulations establish the requirements and process for agencies to fulfill their obligations under the act..."
Clean Water Act (CWA) (1972, 1977 as amended) (33 USC 1241 et seq.)
"Under the Clean Water Act, it is a national policy to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, to enhance the quality of water resources, and to prevent, and control, and abate water pollution..."
Endangered Species Act (1972 (16 USC 1531 et seq.)
"The Endangered Species Act (ESA) requires federal agencies, in consultation with the Secretary of the Interior, to use their authorities in the furtherance of the purposes of the act and to carry out programs for the conservation of listed endangered and threatened species (16 USC 1535 Section 7(a)(1))..."
Clean Air Act (1977 as amended) (42 USC 7401 et seq.)
"The Clean Air Act states that park managers have an affirmative responsibility to protect park air quality related values (including visibility, plants, animals, soils, water quality, cultural resources and visitor health) from adverse air pollution impacts..."
Wildnerness Act (1964) (Public Law 88-577) (16 USC 1131-1136)
"The Wilderness Act and legislation establishing individual units of the national park system as wilderness (for example, the Washington Parks Wilderness Act for Mount Rainier) establish consistent direction for the preservation, management, and use of wilderness and prohibit the construction of roads, buildings and other man-made improvements and the use of mechanized transportation in wilderness (with exceptions)..."
Wild and Scenic Rivers Act (16 USC 1271-1287, Public Law 90-542)
This Act states that, “. . . certain rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations.”
Antiquities Act (1906) (16 USC 431-433, 34 Statute 225)
"This act was the first to provide protection for archeological resources. It protects all historic and prehistoric ruins or monuments on federal lands and prohibits their excavation, destruction, injury or appropriation without the departmental secretary’s permission..."
National Historic Preservation Act (1966 as amended) (16 USC 470)
"Section 106 of the National Historic Preservation Act (NHPA) directs federal agencies to take into account the effect of any undertaking [a federally funded or assisted project] on historic properties. "Historic property" is any district, building, structure, site, or object that is eligible for listing in the National Register of Historic Places because the property is significant at the national, state, or local level in American history, architecture, archeology, engineering, or culture."
Archaeological Resources Protection Act (ARPA) (1979) (16 USC 470aa-470mm, Public Law 96-95)
"This act secures the protection of archeological resources on public or Indian lands and fosters increased cooperation and exchange of information between the private / governmental / professional community to facilitate the enjoyment and education of present and future generations..."
Native American Graves Protection and Reparation Act (NAGPRA) (1990)
"Section 3 has provisions regarding the custody of cultural items found on federal or tribal lands after November 16, 1990, while section 8 provides for repatriation of items found before that date..."
American with Disabilities Act (ADA) (1990) / Architectural Barriers Act (ABA)
"This act states that all new construction and programs will be accessible. Planning and design guidance for accessibility is provided in the Architectural and Transportation Barriers Compliance Board (36 CFR Part 1191)."
Executive Orders Relating to Mt. Rainier NP
Floodplain Management Executive Order 11988 (May 2, 1977, 42 CFR 26951, PL 93-234 Section I)
The Floodplain Management Executive Order (EO) was issued “to avoid to the extent possible the shortand long-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development whenever there is a practicable alternative.”
Protection of Wetlands Executive Order 11990 (42 FR 26961)
Under this EO, the federal agencies are “. . .to avoid to the extent possible the short- and long-term adverse impacts associated with the destruction or modifications of wetlands and to avoid direct or indirect support of new construction in wetlands whenever there is a practicable alternative.”
Personal Notes
As you can see there are quite a few laws and a few executive orders governing Mt. Rainier NP besides the specific ones for the NP. And this is list isn't fully inclusive as there are other laws which I haven't found to add to the list. And if you think the operation, management and planning of Mt. Rainier NP, its resources and people along with the visitors is an easy job?
Below are sources with the full text and some with summary information of the historical or current laws governing the National Park Service's operation and management of Mount Rainier National Park.
- Full Text Websites
- Summary Websites
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