NATIONAL PARK SERVICE ADMINISTRATIVE POLICIES for the Historical Areas of the National Park System

DISCUSSION

The historical parks and monuments have been established to commemorate specific cultural eras, historical events, or persons representing the outstanding cultural landmarks in the development of this Nation. In each case the commemoration is of a specific time, or span of time, as well as of the event or person involved.

The evolution of this Nation and its indigenous cultures has been determined by the natural resources that it contains, as well as by the ideas and ideals of its citizens. Then, as now, the natural resources were integral elements of the historic scene. While the interpretive theme of a historic area may be associated with man, a proper presentation cannot be made out of context with the total environment. This is not to imply, however, that the environments of all historical areas should be treated precisely like natural areas. Although many archeological and other historical areas, such as Theodore Roosevelt National Memorial Park and Fort Jefferson National Monument, contain prime natural values, most historical areas contain artificial environments, such as farms, pastures, wood lots, and lawns that require intensive management. These should be restored and maintained when restoration is necessary for proper visitor understanding of the historic scene and the restoration is otherwise practicable. It is not acceptable to post an interpretive sign in a mature second growth forest proclaiming "At the time of the battle this was an open field." Nor should interpretation rely on the visitor's empathy to determine what a cornfield would look like where today stands a carefully mowed lawn. To the extent feasible, the same degree of attention should be given to the historical integrity of external environments as is given to historical structures. Presentation of the parade ground at Morristown, for example, should be as authentic as the presentation of the interior of the Andrew Johnson Home. Naturally, care must be taken to avoid recreating conditions that lead to severe erosion and other landscape catastrophies.

In extensive land or land and water areas, the ecosystem concept of park management must be applied in historical areas. Some of the ecosystems will be complex mixtures of natural and artificial environments and may tax existing knowledge and abilities to the utmost. But by accepting the challenge as the archeologists have done in their interdisciplinary approach at Mesa Verde, the Service can provide the leadership and technical assistance necessary in the historic preservation movement.

ADMINISTRATIVE POLICIES

Natural Resources Management
Natural resources (forests, fields, fauna, etc.) will be maintained to resemble, as nearly as possible, the natural resource scene that occurred at the time or period of history being commemorated. In so doing, care will be taken to avoid re-creating conditions that lead to severe erosion and other human-caused landscape catastrophies. (See also Soil and Moisture Conservation, p. 36, this section; and Cooperation with States, p. 48, Fish and Wildlife Management Policy section.)

Exotic Plants and Animals
(See Fish and Wildlife Management Policy section, p. 45.)

Landscape Management
Programs of landscape management may be carried out at designated zones in historical areas for purposes of enhancing aesthetics generally which may include, but not be limited to:

1. Encouragement of certain species of plants.

2. Increasing the ability of certain areas to absorb public use through vegetative management.

3. Maintaining a certain stage of plant succession.

4. Retention or provision of open areas, meadows, vistas, etc., or planting of open areas to trees or shrubs.

5. Management of landscape for educational or interpretive purposes.

6. Rearrangement as necessary of land contours, particularly in areas formerly denuded, mined, or excavated, to suggest or be compatible with the historical period of significance.

Land Acquisition
As funds permit, the Service should acquire such property interests—including scenic controls—in the non-Federal lands within the authorized boundaries of historical areas as may be needed to provide for effective management, visitor use, and the achievement of the primary purpose for which the area was established. Zones of acquisition should be set forth in the Land Use Plan of the Master Plan. All physical improvements or land uses on acquired property that are inimical to or inconsistent with the purpose, management, or visitor use of an area should be removed or discontinued. (See also Acquisition Zones, p. 42, Master Plan Policy section.)

To implement this administrative policy with a minimum of inconvenience to private owners involved, the following procedures have been developed:

I. In newly authorized areas (usually those authorized since 1961) where federally owned lands are limited and privately owned lands are extensive, the priority of acquisition is as follows:

1. Land needed for preservation or protection of park values.

2. Land needed for development of facilities.

3. Unimproved land needed to prevent threatened development or use which would be incompatible with existing or potential park purposes.

Within each of the foregoing priorities, the Service will give primary consideration to the acquisition of land which the owner needs to dispose of for hardship reasons; and land which the owner, voluntarily, has placed, or intends to place, on the market for sale.

The land acquisition program is carried out in accordance with the specific legislative policies, if any, set forth in the legislation authorizing the area. In the absence of specific legislative directives, the land acquisition program is carried out as follows:

1. Purchases are negotiated on the basis of competent appraisals of fair market value.

2. Less than fee interests (see No. 3 below) may be acquired when they will meet the needs of the Service and are justified on cost.

3. Reserved use and occupancy by the owner for life or for a term of years is allowed if purchase on this basis will meet the needs of the Service and is justified on cost.

4. Eminent domain proceedings are used only as a last resort when all reasonable efforts of negotiation have failed.

II. In the older national parks and monuments (generally those established prior to 1961) and where most of the lands included within the areas are now in Federal ownership—usually 90 percent or more of the total acreage in the area—a more liberal acquisition procedure has been established. In these national parks and monuments, the relatively small amount of land in private ownership, for the most part, is devoted to historic uses related to the early settlement of our Nation, such as modest homesites, ranches, limited eating establishments, or lodges. Except as a specific property may be needed in rare instances for development of public-use facilities, or where the existing use is adverse to the proposed plans for the management of the area, these historical uses may reasonably be allowed to continue until (a) such time as there is a desire on the part of the owners to dispose of their holdings; or (b) until it is proposed that the present compatible uses of these lands be altered or changed so significantly as to make them incompatible with the primary purpose for which the area was established. Accordingly, in the acquisition of the properties devoted to such compatible uses, the National Park Service shall observe the following procedure:

1. The Service will not seek to acquire private lands without the consent of the owner, so long as the lands continue to be devoted to present compatible uses now being made of them—such as for modest homesites, ranches, limited eating establishments, or lodges. This also applies to any future owners of the property so long as the properties continue to be used for these same compatible purposes.

2. The National Park Service will welcome offers from the owners to sell private properties to the United States, and it is hoped that the owners will give the Service first opportunity to purchase them. If an owner wishes to sell his property outright, the Service would be glad to negotiate on that basis; or in the alternative, on such other basis as may be authorized in the applicable legislation relating to the retention of use and occupancy rights by the owner for a given number of years or for the remainder of his life and that of his spouse. The latter situation will enable people who desire to obtain money in hand today for their property, with occupancy rights for a term of years or for their lifetime, to work out a negotiated contract on this basis.

3. If existing incompatible uses persist or if present compatible uses of properties are to be changed and the properties are to be devoted to new and different uses not compatible with the primary purpose for which the area was established, the Service will attempt to negotiate with the owner for the acquisition of the property in order to eliminate a use or avoid development of a use adverse to the management of the area. In the event all reasonable efforts at negotiation fail and the owner persists in his efforts to devote the property to a use deemed by the Service to be adverse to the primary purpose for which the area was established, the United States will institute eminent domain proceedings to acquire the property and eliminate such use or prevent such development.

4. All negotiations by the Federal Government shall be on the basis of competent appraisals of fair market value.

Water Rights
All rights to the use of water diverted to or used on Federal lands in historical areas by the United States, its concessioners, lessees, or permittees shall be perfected in the name of the United States.

Valid existing water rights of concessioners and land-use permittees on Federal lands will be acquired by the United States as funds, legal authority, and overall management objectives permit.

Water rights owned by private landowners within historical areas will be acquired in connection with the acquisition of such private lands insofar as practicable.

Owners of land or interests in land within or adjacent to historical areas may be granted, by special-use permit, the privilege of using water owned by the Service when it is administratively determined that the use of such water facilitates the management program of the Service. An appropriate charge shall be made for the use of such water.

Owners of lands or interests in land adjacent to the historical areas may be granted, by special-use permit, the privilege of developing sources of water on Federal lands when it is administratively determined that the use of such water facilitates the management program of the Service. An appropriate charge shall be made for the use of such water.

Development costs, including costs of access between the private lands to be served and the source of the water, shall be borne by the permittee. In all of these cases, the Service shall retain the right to use water from such a development. If, and when, such retained rights are exercised by the Service, it shall share in the costs of the water rights development on an equitable basis.

Under this policy, as a matter of comity, the Service will notify the States of the amount of water diverted and consumed, and the priority asserted. The notice shall also include a disclaimer as to State jurisdiction.

Fire and Fire Control
Any fire threatening the cultural resources of a historical area will be controlled and extinguished. Prescribed burning for management of vegetation, including benefit of wildlife habitat, is permitted, under controlled conditions and in accordance with an approved plan.

The Service will cooperate in programs to control or extinguish any fire on lands adjacent to a historical area which poses a threat to that area or adjacent resources. (See also Fire Detection and Suppression, p. 23, Historic Preservation Policy section, and Safety and Public Health, p. 54, Resource and Visitor Use Policy section.)

Soil and Moisture Conservation
Programs will be conducted for the prevention and correction of erosion and soil or vegetation deterioration.

A historical area may participate in the program of a Grasslands Conservation District or Soil Conservation District when the purposes, plans, programs, and operation of the District are consistent with the purpose of the historical area and the policies for its management and use. (See also Historic Districts, p. 27, Historic Preservation Policy section.)

Air Pollution
The Service will work with others within the regional air shed to reduce air pollution from sources within the area and elsewhere in the air shed. Fumes and smoke from campfires, refuse burning, and other kinds of combustion will be controlled in public-use areas to the extent necessary to maintain clean air.

Solid-waste Disposal
Wastes generated within a historical area may be disposed of within or outside the area so long as disposal does not (1) pollute water or air, (2) result in the defacement of public recreation areas, or (3) result in destruction or impairment of important natural or cultural resources.

Aircraft Operation
Where aircraft operations adversely affect the environment of a historical area, the cooperation of agencies exerting flight control over aircraft will be sought to institute such measures as will minimize or eliminate the disturbance.

The use of aircraft in historical areas is permissible in emergency situations involving the saving of human life or protection of threatened park resources, or when the use of aircraft offers significant advantages to area management and such can be accomplished with minimum disturbance to visitor enjoyment.

Forest Management
Forest management in historical areas will consist of removing forest cover in the following circumstances:

1. Salvage of hazardous trees in public-use areas or trees with insect or disease infestation that cannot otherwise be controlled which endanger adjacent healthy plants.

2. Salvage of blow-down or fire-killed trees which might precipitate insect outbreaks or create serious fire hazards.

3. Harvesting of timber to re-create or preserve the historical scene and for vista clearing and similar cultural treatment along roads, parking areas, lakeshores, and developed sites, keeping in mind the scenic, aesthetic, and ecological considerations.

4. Selective harvesting of timber, in development and maintenance of sites such as roads, trails, campgrounds, picnic areas, and visitor centers, as well as maintenance, residential, and administrative sites.

The removal of forest cover in the foregoing situations is incidental to the management of the area for historical use. (See also Natural Resources Management, p. 33, this section.)

Water Pollution Abatement and Control
The Service will strive to maintain quality of all waters (1) originating within the boundaries of historical areas through

(a) provision of adequate sewage treatment and disposal for all public-use facilities, including self-contained boat sewage storage units;

(b) control of erosion;

(c) regulation and control, as necessary, of fuel-burning water craft;

(d) avoidance of contamination by lethal substances, such as certain insecticides;

(e) regulation of the intensity of use in certain areas and at certain times when determined as being necessary based on water quality monitoring;

and (2) flowing through or bounding on historical areas

(a) by applying the methods listed under 1(a) to (e) above; and

(b) consistent with the purpose of the historical area and the policies for its management and use by entering into cooperative agreements or compacts with other agencies and governing bodies for cooperative measures to avoid water pollution. (See also Recreation Advisory Council Policy Circular No. 3 of April 9, 1964, Appendix D, and Soil and Moisture Conservation, p. 36, this section.)

Mineral Exploration, Mineral Leasing, and Mining
Except where authorized by law, when carried on pursuant to valid existing rights, or as part of an interpretive program, mineral prospecting, mining, and the extraction of minerals or the removal of soil, sand, gravel, and rock shall not be permitted. (See also Natural Resources Management, p. 33, this section, and Construction Materials, p. 64, Physical Developments Policy section.)

Insects and Diseases
Control operations of native insects and diseases will be limited to (1) outbreaks threatening to eliminate the host from the ecosystem or posing a direct threat to resources outside the area; (2) preservation of scenic values; (3) preservation of rare or scientifically valuable specimens or communities; (4) maintenance of shade trees in developed areas; and (5) preservation of historic scenes. Where non-native insects or diseases have become established or threaten invasion of a historical area, an appropriate management plan will be developed to control or eradicate them when feasible. (See also Natural Resources Management, p. 33, this section.)

Disposal of Natural Resources
Natural products salvaged as a result of resource management activities and physical development projects that are excess to the management needs of a historical area shall be disposed of in accordance with Federal laws and procedures. Also, natural products salvaged from natural phenomena which adversely affect, or impair, the management of a historical area and which are excess to the management needs of the area, shall be disposed of in accordance with Federal laws and procedures. (See also Act of August 25, 1916, 16 U.S.C. 3, and Natural Resources Management, p. 33, this section.)

DISCUSSION

The National Park Service prepares and maintains a Master Plan for the management, development, and use of each historical area. Graphics, inventories, and narrative statements describe and portray the area's resources and specify the objectives of management.

A historical base map and/or archeological base map is a necessary part of the Master Plan for a historical area. Moreover, it is a valuable document in the management of the area. The historical or archeological base map rests on comprehensive research and is thoroughly documented.

Like all parks, historical areas are closely related to their surroundings. For this reason, planning for a historical area must consider the related environment, large or small. Particularly, it takes cognizance of related Federal, State, and local governmental parks and development plans, facilities provided by private enterprise for the transportation and accommodation of visitors, and historic preservation and educational activities of private institutions. The Master Plan analyzes the environment in which the historical area is located and the many factors that may influence its management.

When a historical area adjoins or is close to other resources of a similar nature, a joint effort to analyze the total resource base and visitor needs desirable. This may lead to cooperative plans that insure complementary and mutually compatible development, management, and interpretation of the areas. Such cooperative planning is exemplified at Independence National Historical Park in Philadelphia and at the Home of Franklin D. Roosevelt National Historic Site in Hyde Park, New York.

Adequate research data is essential to sound planning. Planning teams must have studies accurately identifying and locating historic sites and features, assessing their comparative significance, and summarizing the history of the events and persons that give the area national significance. Without such data, proper boundaries cannot be proposed, and proper development cannot be planned. Moreover, a multi-disciplinary approach is necessary to insure the identification, preservation, interpretation, and highest visitor use of all the area's important resources by means of a plan that is economically, aesthetically, and administratively sound.

A sound Master Plan carries out the mandates of Congress and the administrative policies of the Service by providing criteria, controls, and guidance for management, use, and development. This is done in terms of a unified planning concept for each area, consistent with and complementary to other programs of historical use, visitor accommodations, and resource planning in the surrounding district or region. It covers all programs of resource management, resource use, and physical development. It classifies land and water areas for various kinds and intensities of use.

Master Plans are revised from time to time to reflect changing conditions and utilize the results of resource studies.

ADMINISTRATIVE POLICIES

Master Plan
A Master Plan will be prepared for each area to cover specifically all Resource Management, Resources and Visitor Use, and Physical Development programs. An approved Master Plan is required before any development program may be executed in an area.

Master Plan Teams
Master Plans should be prepared by teams composed of members having professional backgrounds and experience appropriate to the problems of the historical area under study: history, archeology, historic architecture, landscape architecture, museology, interpretation, engineering, park management, park planning, etc.

Where circumstances and funds permit, study teams should also include as members, or consult with, qualified professionals or other knowledgeable persons conversant with the particular historical area and its environment.

Land Classification
Master planning requires careful classification of the lands in a historical area. This is necessary to insure that the development of public-use facilities is compatible with the preservation of the historic resources and in accord with the legislative intent of Congress.

The land classification used is similar to that proposed by the Outdoor Recreation Resources Review Commission and prescribed by the Bureau of Outdoor Recreation for application to Federal lands, as follows:

Class I—high density recreation areas; Class II—general outdoor recreation areas; Class III—natural environment areas; Class IV—outstanding natural areas; Class V—primitive areas; and Class VI—historical and cultural areas.

Class I and Class II identify the land reserved for visitor accommodations, administrative facilities, formal campgrounds, two-way roads, etc. (both existing and proposed), of varying intensities. They are shown on the Land Classification Plan which indicates their relationship to developments located within the historical or cultural zone.

Class III identifies the "natural environment areas" which includes those lands that provide a setting, environment, or atmosphere for the historic features of the area. These lands are important to the proper preservation, interpretation, and management of the nationally significant historic resources within the areas of the National Park System. They also serve to accommodate appropriate visitor uses, of less intensity than those on Class I and Class II lands, by means that preserve the integrity of the historic resources. Limited facilities may be provided on these lands, such as one-way motor roads, foot and horse trails, small overlooks, informal picnic sites, etc. Such limited facilities must be in complete harmony with the historic values of the area.

Class IV includes lands that encompass outstanding or unique natural features or wonders such as the coral reefs at Fort Jefferson and Sand Cave at Cumberland Gap. Nothing in the way of human use should be permitted on Class IV lands that intrude upon or may in any way damage or alter the scene. The sites and features are irreplaceable.

Class V lands are the primitive lands that have remained pristine and undisturbed as a part of our national inheritance. They include in some instances, moreover, lands which, through National Park Service management, have been restored by the healing processes of nature to a state resembling a primeval condition. Where they exist in sufficient size, they may qualify for study and recommendation to the Congress for designation as wilderness. Facilities in Class V lands should be trails, limited primitive campsites, shelters, and sanitary facilities.

Class VI lands are those on which are located the historic resources (structures, sites, or objects) that warranted the establishment of the historical area as a unit of the National Park System. Historic resources worthy of identification and preservation may also be found in natural and recreational areas of the National Park System. Physical developments are limited to those essential to preservation, restoration, if necessary, of the historical values that convey the significance of the area to the public, and such access and on-site development to accommodate appropriate use consistent with preservation. Developments shall not detract from or adversely affect historical or cultural values. Activities are generally limited to sightseeing and study of the historic or cultural features.

Acquisition Zones
After the lands for a historical area have been classified for purpose, intensity of development, and capacity of human use, they are zoned for the degree of ownership required to achieve these purposes within legislative authorizations and these administrative policies. (See also Land Acquisition, p. 34, Resource Management Policy section.) Where the area is of sufficient size to permit private uses to be continued compatible with the purpose of the area, three zones may be prescribed, as follows:

The first zone (Zone 1—Public-use and Development) includes, as a minimum, those lands needed for administrative facilities and Government or concessioner development of public-use facilities of high and moderate intensities (Class I and II lands). This zone also includes the lands of historical or cultural significance (Class VI). This zone may also include any unique natural features (Class IV), and the primitive lands (Class V), within the immediate vicinity of the historic resources that have an association with the historical or cultural resources of the area. Zone 1 also includes those Class III lands adjacent to and essential for the preservation of Class IV, V, and VI lands. The ultimate objective in this zone, usually, is to acquire full fee title to all lands. It may be, however, that in some instances, less than fee title will suffice as determined by management. For example, in this zone may be a historic home owned by an organization and open to the public. Even though fee title may not be acquired in such a property, it nevertheless should be included in Zone 1 since it does serve the public and contributes to the public use and enjoyment of the area. Similarly, an individual may own and operate a public facility, such as a restaurant, motel, or campground which it is desirable to continue in operation to serve the public. This, too, should be included in Zone 1 for the same reason, unless it exists as a part of a village or community that more properly should be included in Zone 3. A similar situation may occur in connection with an organized group camp.

It is the purpose of Zone 2 (Preservation-conservation) to include those lands necessary for the preservation-conservation of the environment of the area. As a rule, these lands fall in Class III. Minimally, this zone includes (1) all additional lands considered essential to "buffer" or insure the full protection of all those lands included in Zone 1 (Public-use and Development); and (2) those lands needed to accommodate uses of less intensity than those included in Zone 1. Occasionally, this zone may include lands of historical or cultural significance (Class VI). For example, there may be a historic home, or group of homes, which contributes to the national significance of the area but which is privately owned and occupied and may, consistent with the purpose of the area, remain so. On rare occasions, this zone may contain natural features (Class IV) and primitive lands (Class V). For example, there may be research areas owned and managed by institutions of higher learning or scientific organizations which, consistent with the purpose of the area, may continue in this manner. The Service will seek such title or interest in lands within this zone as is required to achieve the foregoing objectives. In most instances, full fee title should be acquired. Often, such acquisitions may provide for life tenancy or continued occupancy for specified periods. In some instances, access easements, scenic easements, or development restrictions may suffice to accomplish the management objective. Occasionally, appropriate zoning by local authority will achieve management's objectives.

Zone 3 (Private-use and Development) may or may not exist in all historical areas. Its use depends on the overall size of the area and the ownership criteria, if any, specified by the Congress in authorizing the area. The lands in Zone 3, normally, have a significant impact—visually or otherwise—on the quality and integrity of the environment of the area. Lands included in this zone, usually, involve subdivisions, villages, and similar developments. In some instances, such developments may provide important supplemental accommodations and recreational pursuits for visitors to the historical area. In these respects, therefore, the lands in this zone are similar to those in Zone 2. The most obvious distinction between the two, however, is that lands in Zone 3 serve primarily a local or community purpose and their contributions to the public use of the historical area are secondary. The reverse situation is true of the lands in Zone 2. Generally, no public-use facilities or developments requiring Government ownership of the land are planned for Zone 3. Thus, except in unusual situations—involving, perhaps, accessways—acquisition in this zone of the full fee title, generally, is not necessary. In fact, acquisition of any portion of the estate may be unnecessary where local zoning is adequate and continuous to insure developments and uses complementary to and compatible with the historical area. For example, if a tract is zoned for single-family residences or low-lying commercial structures and these are compatible with the environment of the historical area, no acquisition may be needed. On the other hand, acquisition of a scenic or development easement may be necessary—in the absence of zoning—to prevent development, as for example, high-rise structures that may impair the environment of the area.

The three zones, as noted above, cannot be applied precisely and rigidly to each and every acre within an area. They are approximations at best. Their use as planning and management tools is designed to achieve the public purpose of historical areas while minimizing costs and reducing as much as possible personal hardships and inconveniences occasioned by land acquisition. In these circumstances, it is to be expected, quite naturally, that there will be examples found of land classifications falling into zones other than in the manner prescribed above. These exceptions should be explained in the Master Plan.

In summary, however, it is to be expected that proportionately more of the lands in Zone 1 need to be acquired in fee and that the acquisition of some lesser interests, such as scenic or access easements or development restrictions, will occur less frequently than in Zones 2 and 3. In Zone 2, it is to be expected that fee acquisition, proportionately, will be less than in Zone 1 and acquisition of interests less than fee will be proportionately higher than in Zone 1 (except where lands are already in public ownership as in the case of State or public domain lands). Zoning control may also suffice in some limited cases in Zone 2. It is to be expected that zoning control will be proportionately higher in Zone 3 than in Zone 2 and that the acquisition of fee title and less than fee interests in land in Zone 3 will be proportionately lower than in Zone 2.

Architectural Theme
(See Physical Developments Policy section, p. 63.)

DISCUSSION

In connection with fishing and hunting on lands administered by certain bureaus of the Department (including the National Park Service), the Secretary, on June 17, 1968, issued the following policy statement:

A. In all areas administered by the Secretary of the Interior through the National Park Service, the Bureau of Sport Fisheries and Wildlife, the Bureau of Land Management, and the Bureau of Reclamation, except the National Parks, the National Monuments, and historic areas of the National Park System, the Secretary shall—

1. Provide that public hunting of resident wildlife and fishing shall be permitted within statutory limitations in a manner that is compatible with, and not in conflict with, the primary objectives as declared by the Congress for which such areas are reserved or acquired;

2. Provide that public hunting, fishing, and possession of fish and resident wildlife shall be in accordance with applicable State laws and regulations, unless the Secretary finds, after consultation with appropriate State fish and game departments, that he must close such areas to such hunting and fishing or restrict public access thereto for such purposes;

3. Provide that a State license or permit, as provided by State law, shall be required for the public hunting, fishing, and possession of fish and resident wildlife on such areas;

4. Provide for consultation with the appropriate State fish and game department in the development of cooperative management plans for limiting over-abundant or harmful populations of fish and resident wildlife thereon, including the disposition of the carcasses thereof, and, except in emergency situations, secure the State's concurrence in such plans; and

5. Provide for consultation with the appropriate State fish and game department in carrying out research programs involving the taking of fish and resident wildlife, including the disposition of the carcasses thereof, and secure the State's concurrence in such programs.

B. In the case of the National Parks, National Monuments, and historic areas of the National Park System, the Secretary shall—

1. Provide, where public fishing is permitted, that such fishing shall be carried out in accordance with applicable State laws and regulations, unless exclusive legislative jurisdiction* has been ceded for such areas and a State license or permit shall be required for such fishing, unless otherwise provided by law;

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*The term "exclusive legislative jurisdiction" is applicable to situations wherein the Federal Government has received, by whatever method, all the authority of the State, with no reservation made to the State except the right to serve process resulting from activities which occurred off the land involved. This term is applied notwithstanding that the State may exercise certain authority over the land, as may other States over land similarly situated, in consonance with the several Federal statutes. The term is also sometimes referred to as "partial jurisdiction."

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2. Prohibit public hunting; and

3. Provide for consultation with the appropriate State fish and game departments in carrying out programs of control of over-abundant or otherwise harmful populations of fish and resident wildlife or research programs involving the taking of such fish and resident wildlife, including the disposition of carcasses therefrom.

In any case where there is a disagreement, such disagreement shall be referred to the Secretary of the Interior who shall provide for a thorough discussion of the problems with representatives of the State fish and game departments and the National Park Service for the purpose of resolving the disagreement.

ADMINISTRATIVE POLICIES

Fishing
Sport fishing is encouraged in historical areas when consistent with the restoration and perpetuation of aquatic environments and aquatic life native in the area during the historical period commemorated at the area. Commercial fishing is permitted only when specifically authorized by law.

Where fishing is permitted, such fishing shall be carried out in accordance with applicable State laws and regulations, unless exclusive jurisdiction, as that term is defined in the Secretary's policy statement of June 17, 1968, has been ceded within the area, and a State license or permit shall be required for such fishing unless otherwise provided by law.

Public Hunting
Public hunting shall not be permitted in historical areas.

Wildlife Populations
Wildlife populations will be controlled when necessary to maintain the health of the species, the native environment and scenic-historic landscape and to safeguard public health and safety. Ungulate populations will be maintained at the level that the range will carry in good health and without impairment to the soil, the vegetation or to habitats of the several species in an area.

Wildlife Management Program
Insofar as possible, control through natural predation will be encouraged. Public hunting outside of the area is recognized as the next most desirable means of controlling wildlife populations. Cooperative studies and management plans with States and other Federal agencies are to be continued to facilitate public hunting outside of the areas, especially through extended special seasons established by the States for public hunting outside the areas.

Other control measures, as necessary, shall be undertaken as follows: (1) Live-trapping in the areas for transplanting elsewhere; (2) research specimens for National Park Service and cooperating scientists; and (3) direct reduction by National Park Service personnel. It is recognized that it may be necessary, on occasion, to carry on each phase of this program simultaneously. The National Park Service will adjust the use of these control methods (except natural predation) to meet varying weather and other relevant conditions, giving highest priority to the opportunities for public hunting outside the areas and live-trapping in the areas for transplanting elsewhere. (See also Cooperation with States, p. 48, this section and Natural Resources Management, p. 33, Resource Management Policy section.)

Exotic Plants and Animals
Exotic plants and animals may be introduced into historical areas as part of various management programs for purposes of public use and enjoyment except that no species, particularly those new to the country or region, may be introduced unless there are reasonable assurances from the U.S. Department of Agriculture, the Bureau of Sport Fisheries and Wildlife of the Department of the Interior, and responsible State agencies that the species will not become a pest or disrupt desirable natural plant and animal communities and associations of particular scenic or historic significance. (See also Natural Resources Management p. 33, Resources Management section.)

Cooperation with States
The Service will consult with the appropriate State fish and game departments in carrying out programs of control of over-abundant or otherwise harmful populations of fish and wildlife or research programs involving the taking of such fish and resident wildlife, including the disposition of carcasses therefrom. In any case where there is a disagreement, such disagreement shall be referred to the Secretary of the Interior who shall provide for a thorough discussion of the problems with representatives of the State fish and game department and the National Park Service for the purpose of resolving the disagreement.