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117499 1 (1982-02-05)

handle is hein.gao/gaobacxub0001 and id is 1 raw text is: 



                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


COMMUNITY AND CONOMC
DEVELOPMENT DIVISION
                                                          February 5, 1982



      The Honorable G. Ray Arnett
      Assistant Secretary of the Interior
        for Fish and Wildlife and Parks                          49

      Dear Mr. Arnett:

           The General Authorities Act, as amended in  1976, authorizes
      the Secretary of the Interior to negotiate with States for con-
      current jurisdiction in the National Park System.l/ Under con-
      current jurisdiction, Federal, State and local governments joint-
      ly provide traditional government services to residents and visi-
      tors to the National Park System such as law enforcement, sewage
      disposal, fire protection, rescue operations, and trash removal.

           In April 1976, the Department of the Interior in commenting on
      proposed amendments to the General Authorities Act stated  it would
      be beneficial to relinquish to the States the Federal legislative
      jurisdiction relative to some areas of the National Park System.
      It pointed out that administration of units of the system under
      exclusive jurisdiction can deny the National Park Service  (NPS),
      its employees, and citizens residing in such units important rights
      and privileges of State and local government normally provided to
      them.

           NPS, however, does not have policies and procedures for  imple-
      menting the act, has not been actively pursuing concurrent juris-
      diction transfers with States, and does not know how many areas
      in the National Park System have potential for concurrent juris-
      diction status.  We received different opinions from various NPS
      officials on the merits of concurrent jurisdiction and do not know
      whether the Department still believes concurrent jurisdiction is
      a good idea.  We therefore are asking you to review the matter and
      inform us of the Department's position.



      1/There are three different legislative jurisdictional statuses
      in which Federal lands may be held.  In some areas, exclusive
      jurisdiction rests with the United States, thus precluding the
      exercise of any legal authority by State and local agencies.
      Other areas fall under concurrent jurisdiction, which allows the
      exercise of appropriate authority by State, local, and Federal
      agencies.  Many National Park System areas are also subject to
      proprietary jurisdiction, wherein the Federal Government has  ac-
      quired title to land within a State but has not received any
      measure of the State's authority over the land.


/12  ~'~/7

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