54 U.S.C. § 100751

Regulations

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(a)In General.—The Secretary shall prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.(b)Boating and Other Activities on or Relating to Water.—The Secretary, under such terms and conditions as the Secretary considers advisable, may prescribe regulations under subsection (a) concerning boating and other activities on or relating to water located within System units, including water subject to the jurisdiction of the United States. Any regulation under this subsection shall be complementary to, and not in derogation of, the authority of the Coast Guard to regulate the use of water subject to the jurisdiction of the United States.(c)Criminal Penalties.—Criminal penalties for a violation of a regulation prescribed under this section are provided by section 1865 of title 18.(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3111.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
100751(a)	16 U.S.C. 3 (1st sentence words before “and any violation”).	Aug. 25, 1916, ch. 408, § 3 (1st sentence words before “and any violation”), 39 Stat. 535.
100751(b)	16 U.S.C. 1a–2(a) (matter before (a)).	Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826.
	16 U.S.C. 1a–2(h).	Pub. L. 91–383, § 3(h), as added Pub. L. 94–458, § 1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28.
100751(c)	no source.

In subsection (b), the words “In order to facilitate the administration of the national park system” and “and enforce” are omitted as unnecessary. The words “under subsection (a)” are added for clarity to show that a regulation under subsection (b) is a special type of regulation under subsection (a) so that a violation of a regulation under subsection (b) is subject to a criminal penalty under 18 U.S.C. 1865.

Subsection (c) is added for informational purposes.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2016–2022 · leading case: Sturgeon v. Frost, 139 S. Ct. 1066 (2019).

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Sturgeon v. Frost, 139 S. Ct. 1066 (2019). · cites it 5× “See 54 U.S.C. § 100751 (b) ; 36 C.F.R. § 2.17 (e) (2018).”

Sturgeon v. Frost, 136 S. Ct. 1061 (2016). “"System units" are in turn defined as "any area of land and water administered by the Secretary, acting through the Director [of the Park Service], for park, monument, historic, parkway, recreational, or other purposes." §§ 100102, 100501.”

United States Forest Serv. v. Cowpasture River Pres. Assn., 140 S. Ct. 1837 (2020). “, NPS, Reference Manual 45, at 8 (Park Service's "Trail administration provides trailwide coordination and consistency" among "government agencies, landowners, interest groups, and individuals"). The Court's core objection seems to be that the Park Service could "gain power over…”

John Sturgeon v. Sue Masica, 872 F.3d 927 (9th Cir. 2017). · cites it 2× “” 54 U.S.C. § 100751 (b). The Park Service’s hovercraft ban, applicable to federally managed conservation areas nationwide, “was adopted pursuant to [§] 100751(b).”

San Francisco Herring Assoc. v. Usdoi, 33 F.4th 1146 (9th Cir. 2022). · cites it 2× “” 54 U.S.C. § 100751 (b) (emphasis added). As the Supreme Court has explained, the Organic Act’s “statutory grants of power make no distinctions based on the ownership of either lands or waters (or lands beneath waters)” within park boundaries.”

Town of Ogden Dunes v. United States of Am. Dep't of Interior (N.D. Ind. 2022). · cites it 2× “2 (a)(3) (emphasis added); see also 54 U.S.C. § 100751 (b) (providing the Secretary of the Interior with authority to regulate “activities on or relating to water located within System units, including water subject to the jurisdiction of the United States”).”

Sturgeon v. Frost (D. Alaska 2020). “” 54 U.S.C. § 100751 . Yukon-Charley is a Conservation System Unit, a CSU, created by ANILCA, 16 U.”

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