The National Park System Resource Protection Act

• Author: Valerie Ann Lee/P.J. Bridgen
• Pages: 97-102

Page 97

Chapter 8

The National Park System

Resource Protection Act

8.1 Introduction

he National Park System began in 1872 when Congress set aside 2 million acres of “pleasuring-ground.”1

From that original 2 million acres, an idea evolved that now encompasses 340 parks, monuments, pre-

serves, lakeshores, seashores, historic sites, military parks, battleelds, historica l parks, recreation a reas,

memorials, a nd parkways. Additionally, the U.S. National Park System sparked a worldwide movement

that spread to more than 100 countries and 1,200 national parks and conservation preserves. In the United

States, citizens can enjoy areas as diverse as Yosemite Valley—“a glitter of green and golden wonder in a vast

edice of stone and space”—to the Everglades—a “river of grass . . . never wholly known.”2

Motivated by the need to protect U.S. resources, and at least in part as response to multiple catastrophic

ship groundings, including one on a coral reef in Biscayne Bay, Florida, Congress enacted the National

Park System Resource Protection Act (NPSRPA)3 in 1990.4 A lot of the damage rema ined in a state of

disrepair because of insucient or unavailable funds.5 In fact, even today, Biscayne National Park suers

more than 200 boat and ship groundings e ach year.6 Consequently, NPSRPA’s purpose was to

• Enable the United States to initiate lega l action against individuals who damage or destroy marine

resources within the National Park System; and

• A llow the United States to preserve and dedicate all funds recovered under NPSRPA to the prompt

restoration a nd replacement of the resources without the requirement of an annual congressional

appropriation.7

Before NPSR PA, the government could only recover for damages to park resources under an action

against an individua l for damaging government property. Under this scheme, the government had to meet

a higher burden of proof, and additionally, there was no assurance that any recovered funds would go to

restoration.

According to Rep. Robert Lagomarsino (R-Cal.), the eect of the bill “would be to apply to appropriate

[National Park System] units provisions related to damage to marine and aquatic resources similar to those

that now apply to national marine sanctua ries . . . .8 In 1996, Congress extended NPSRPA’s language and

purpose to include the protection of all resources within t he boundaries of the park system.9

1. See An Act to Set Apart a Certain Tract of Land Lying Near the Head-Waters of the Yellowstone River as a Public Park, 17 Stat. 32 (1872).

2. A E. A, T P  A A 81 (1977); M S. D, T E: R  G 5 (1997).

3. 16 U.S.C. §§19jj-19jj-4.

4. 136 C. R. H4452-4453 (1990).

5. See In re Tug Allie-B, Inc., 114 F. Supp. 2d 1301, 1303 (C.D. Fla. 2000), a’d, Tug Allie-B, Inc. v. United States, 273 F.3d 936, 53 ERC 1513

(11th Cir. 2001) (citing S. R. N. 1010-328, at 3-4 (1990)).

6. See U.S. Department of the Interior, U.S. Coral Reef Task Force, Protecting the Nation’s Coral Reefs, http://www.fws.gov/coralreef/nps.cfm (last

visited July 20, 2012).

7. See supra note 5.

8. 136 C. R. H4452-4453 (1990).

9. See 16 U.S.C. §19jj.