National Park Service Organic Act

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On August 25, 1916, President Woodrow Wilson signed legislation that created the National Park Service National Park Service Organic Act.jpg
On August 25, 1916, President Woodrow Wilson signed legislation that created the National Park Service

The National Park Service Organic Act, [1] or simply "the Organic Act" as referred to within the National Park Service, conservationists, etc., is a United States federal law that established the National Park Service (NPS), an agency of the United States Department of the Interior. The Act was signed into law on August 25, 1916, by President Woodrow Wilson. It is codified in Title 54 of the United States Code.

Contents

The National Park Service established by the Act "shall promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified by such means and measures as conform to the fundamental purpose of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations". [1]

The Act, which is reinforced by complementary legislation such as Endangered Species Act, Clean Air Act, and National Environmental Policy Act, serves as the primary foundation of all management decisions. [2]

Background

History of National Parks and Monuments

National parks began to be designated in the second half of the 19th century, and national monuments in the early part of the 20th century. Each park or monument was managed individually or, alternately in some cases, by the United States Army, each with varying degrees of success.

The first National Park in the world was Yellowstone National Park, which was established by the Yellowstone National Park Act of 1872. This act set aside over 2 million acres that were prohibited from settlement, occupancy, or sale. The park was dedicated to be for the enjoyment of the public. The secretary of the Department of Interior was put in charge of preserving all timber, mineral deposits, geologic wonders, and other resources within Yellowstone. [3]

The Antiquities Act of 1906 was signed as part of a movement to preserve prehistoric cliff dwellings and pueblo dwellings. It allowed the president to designate objects of historical and scientific significance on lands designated as national monuments. It denied the ability to appropriate or excavate any of these antiquities on federal land without permission from the department with jurisdiction. Nearly 1/4 of everything under the National Park Service started entirely or in part from the Antiquities Act. [3]

By the time of the Organic Act, the Department of Interior was managing 14 national parks, 21 national monuments, and one archaeological reservation. [3]

Development

The first mention of the creation of the Park Service started in 1910, with the American Civic Association declaring the need for a special bureau, probably within the Department of Interior, to oversee the nation's national parks. At the time there were 11 national parks, with a new one being added soon. Within his 1910 annual report, secretary of the Department of Interior at the time, Richard Ballinger, argued that congress needed to develop a bureau to oversee these national parks. Ballinger stated that the goal was to ensure future generations could use the parks. [4]

Beginning in 1911, Smoot and Representative John E. Raker of California had submitted bills to establish the National Park Service to oversee the management of all these holdings. The bills were opposed by the director of the U.S. Forest Service, Gifford Pinchot, and his supporters. The Forest Service believed that a National Park Service would be a threat to continued Forest Service control of public lands that had been set aside for the timber trade. Beginning in 1910 the American Civic Association with the support of the General Federation of Women's Clubs and the Sierra Club had led the call for a federal service to manage the parks. The noted landscape architect and planner Frederick Law Olmsted Jr. was also a booster of a single national organization to manage the National Parks. [5]

Successful and influential industrialist Stephen Mather was challenged by Interior Secretary Franklin K. Lane to lobby for legislation creating a bureau to oversee the National Parks. Mather accepted pro bono (accepting a perfunctory salary of $1) and with assistance primarily by a young lawyer named Horace Albright, a campaign was begun. By 1915, regular meetings were occurring at Kent's home in Washington. The group’s regulars were Kent, J. Horace McFarland of the American Civic Association, and the few Washington staff members of the Department of the Interior responsible the National Parks.

The act was sponsored by Representative William Kent (I) of California and Senator Reed Smoot (R) of Utah. First NPS Director Stephen Mather was put in charge of supervising and maintaining all designated national parks, battlefields, historic places, and monuments. [4]

Structure

Section 1

The secretary of the Department of the Interior is in charge of choosing high-level employees within the National Park Service. This includes: one director, one assistant director, one chief clerk, one draftsman, one messenger, and any other employees seen necessary by the secretary of the Department of Interior [1]

Section 2

The director of the National Park Service works under the supervision of the secretary of Interior. The director is responsible for supervision, management, and control over the national parks and monuments, in addition to reservations under the control of the Department of Interior or created by Congress. The secretary of the Department of Agriculture may cooperate with the National Park Service with permission from the secretary of Interior. [1]

Section 3

The secretary of Interior must make rules deemed necessary for the management of properties under the jurisdiction of the National Park Service. Violation of any rules and authorizations under this act may result in a fine and/or imprisonment. The secretary may also sell or dispose timber when they deem it necessary to stop insects or diseases, or to preserve the parks, monuments, and reservations. The secretary may also destroy plants or animals that are determined to be harmful to the purpose of the parks, monuments, or reservations. Nothing shall be leased from parks in a way that interferes with free access for the public. The secretary may also approve grazing on any of these lands, except for Yellowstone National Park. [1]

Jordan Fisher Smith's Novel, Engineering Eden, follows the story of a fatal bear attack in Yellowstone National Park that sparked a subsequent federal trial. The novel addressed the specific circumstances of the death regarding the legal accountability, as well as explored border themes relevant to The NPS Organic Act. Both Engineering Eden and the Act have strong ties to conservation, restoration, and the management or the natural and cultural resources for future visitors. While Engineering Eden delves into the trial which followed the legal framework established through The NPS Organic Act, the novel also explored the efforts to restore and manage the ecosystems within national parks after the accident which complies with The NPS Organic Act's mandate. [6]

See also

Related Research Articles

<span class="mw-page-title-main">National park</span> Park for conservation of nature and usually also for visitors

A national park is a natural park in use for conservation purposes, created and protected by national governments. Often it is a reserve of natural, semi-natural, or developed land that a government declares or owns. Although individual countries designate their own national parks differently, there is a common idea: the conservation of 'wild nature' for posterity and as a symbol of national pride. National parks are almost always open to visitors.

<span class="mw-page-title-main">United States Forest Service</span> Agency of the U.S. Department of Agriculture

The United States Forest Service (USFS) is an agency within the U.S. Department of Agriculture that administers the nation's 154 national forests and 20 national grasslands covering 193 million acres (780,000 km2) of land. The major divisions of the agency are the Chief's Office, National Forest System, State and Private Forestry, Business Operations, as well as Research and Development. The agency manages about 25% of federal lands and is the sole major national land management agency not part of the U.S. Department of the Interior.

<span class="mw-page-title-main">National Park Service</span> United States federal agency

The National Park Service (NPS) is an agency of the United States federal government, within the U.S. Department of the Interior. The service manages all national parks; most national monuments; and other natural, historical, and recreational properties, with various title designations. The United States Congress created the agency on August 25, 1916, through the National Park Service Organic Act. Its headquarters are in Washington, D.C., within the main headquarters of the Department of the Interior.

<span class="mw-page-title-main">Stephen Mather</span> American businessman and conservationist (1867–1930)

Stephen Tyng Mather was an American industrialist and conservationist who was the first director of the National Park Service. As president and owner of Thorkildsen-Mather Borax Company he became a millionaire. With his friend the journalist Robert Sterling Yard, Mather led a publicity campaign to promote the creation of a unified federal agency to oversee National Parks administration, which was established in 1916. In 1917, Mather was appointed to lead the NPS, the new agency created within the Department of the Interior. He served until 1929, during which time Mather created a professional civil service organization, increased the numbers of parks and national monuments, and established systematic criteria for adding new properties to the federal system.

<span class="mw-page-title-main">National recreation area</span> Type of protected area in the United States

A national recreation area (NRA) is a protected area in the United States established by an Act of Congress to preserve enhanced recreational opportunities in places with significant natural and scenic resources. There are 40 NRAs, which emphasize a variety of activities for visitors, including hiking, camping, boating, fishing, swimming, biking, horseback riding, and wildlife viewing, in areas that include multiple-use management for both conservation and limited utilization of natural resources. They have diverse features and contexts, being established around reservoirs, in urban areas, and within forests. Due to their size, diversity of activities, and proximity to population centers, NRAs are among the most visited units of the National Park System, with six among the thirty most visited sites.

<span class="mw-page-title-main">Federal lands</span> Land in the United States which is owned by the federal government

Federal lands are publicly owned lands in the United States managed by the federal government. Pursuant to the Property Clause of the United States Constitution, Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long series of United States Supreme Court decisions.

<span class="mw-page-title-main">Fort Yellowstone</span> United States historic place in Yellowstone National Park

Fort Yellowstone was a U.S. Army fort, established in 1891 at Mammoth Hot Springs in Yellowstone National Park. Yellowstone was designated in 1872 but the Interior Department was unable to effectively manage the park. Administration was transferred to the War Department in August 1886 and General Philip Sheridan sent a company of cavalry to Mammoth Hot Springs to build a cavalry post. The army originally called the post Camp Sheridan in honor of General Sheridan but the name was changed to Fort Yellowstone in 1891 when construction of the permanent fort commenced. The army administered the park until 1918 when it was transferred to the newly created National Park Service. The facilities of Fort Yellowstone now comprise the Yellowstone National Park headquarters, the Horace Albright Visitor Center and staff accommodations.

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<span class="mw-page-title-main">Horace M. Albright</span> American conservationist (1890 – 1987)

Horace Marden Albright was an American conservationist and the second director of the National Park Service.

<span class="mw-page-title-main">Robert Sterling Yard</span> American wilderness activist and writer

Robert Sterling Yard was an American writer, journalist, and wilderness activist. Born in Haverstraw, New York, Yard graduated from Princeton University and spent the first twenty years of his career in the editing and publishing business. In 1915, he was recruited by his friend Stephen Mather to help publicize the need for an independent national park agency. Their numerous publications were part of a movement that resulted in legislative support for a National Park Service (NPS) in 1916. Yard served as head of the National Parks Educational Committee for several years after its conception, but tension within the NPS led him to concentrate on non-government initiatives. He became executive secretary of the National Parks Association in 1919.

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<span class="mw-page-title-main">History of the National Park Service</span>

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<span class="mw-page-title-main">Leopold Report</span> 1964 report on wildlife management in US National Parks

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<span class="mw-page-title-main">National Heritage Site (United States)</span>

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<span class="mw-page-title-main">Jackson Hole National Monument</span>

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References

  1. 1 2 3 4 5 An Act to establish a National Park Service, and for other purposes. Pub. L. Tooltip Public Law (United States)  64–235 , H.R. 15522, 39  Stat.   535 , enacted August 25, 1916. https://www.govinfo.gov/content/pkg/COMPS-1725/pdf/COMPS-1725.pdf
  2. "NPS Organic Act | U.S. Department of the Interior". www.doi.gov. December 10, 2015. Retrieved April 14, 2024.
  3. 1 2 3 "National Park Service History: National Park System Timeline". www.nps.gov. Retrieved April 8, 2024.
  4. 1 2 Winks, Robin (1997). "The National Park Service Act of 1916: "A Contradictory Mandate"?". npshistory.com. Retrieved April 3, 2024.
  5. Albright, Horace M.; Cahn, Robert (1985). The Birth of the National Park Service: the Founding Years, 1913-33. Salt Lake City: Howe Bros. p. 34. ISBN   9780935704334.
  6. Smith, Jordan Fisher (2019). Engineering Eden: A Violent Death, A Federal Trial, and the Struggle to Restore Nature in Our National Parks. New York: The Experiment. ISBN   978-1-61519-545-9.