Title 16 united states code §55 and its implications for management of concession facilities in Yosemite National Park

Abstract

Yosemite National Park is one of the nation's most scenic and ecologically/geologically important parks. Unfortunately, the park is subject to extensive development of concession facilities and associated high levels of visitor use. Those concerned with preservation of the park's resources have attempted to limit the types and extent of such facilities to reduce adverse impacts. Strictly speaking, resolution of the preservation versus use controversy must be based on whether the National Park Service is adhering to its legislative mandate to regulate development and use in the parks. The common interpretation of legislative mandates for national parks, including Yosemite, is that they call for a difficult balancing between the conflicting goals of preservation and use. Accordingly, although concession developments cause significant impacts, they usually have been interpreted to be within the legal discretion allowed the secretary of the interior. However, the usual interpretations of the meanings of legislative mandates for Yosemite National Park have not considered Title 16 United States Code §55, which is a very restrictive statute limiting concession facilities. Many of the limitations imposed on concession facilities by the plain language of the statute have been exceeded. If it can be shown that 16 United States Code §55 is a valid statute, the policy implications for park management in Yosemite National Park would be considerable — namely, that significant reductions in concession facilities could be required. This article examines whether the statute can reasonably be thought to be valid and encourages others to conduct further examination of this question.