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UNPROTECTED WATERSHEDS <br />taro. Although there are reasonable legal grounds for <br />claiming such authority under the National Park <br />Service Organic Act,' the reach of this authority has <br />not been tested, and the Park Service confronts seri- <br />ous political obstacles to doing so. Hence, the Park <br />Service has promulgated no regulations to avoid <br />impairment of park resources from activities on park <br />watershed lands that extend beyond park boundaries. <br />As a result, park managers must rely on a com- <br />plex patchwork of federal and state regulatory pro- <br />grams that were not specifically designed to protect <br />parks or their waters. These programs, however, <br />often set weak standards of protection, demand <br />extensive development of data, and fail to require the <br />kind of comprehensive watershed planning and man- <br />agement that could protect downstream park waters. <br />As a result, they do not provide the Park Service with <br />the authorities or tools needed to address the individ- <br />ual or cumulative threats presented by myriad activi- <br />ties on park watershed lands. <br />Because of a lack of adequate notice require- <br />ments, for example, park managers often are unaware <br />of activities that could harm park waters until they <br />are underway. Similarly, the Park Service often lacks, <br />or has only tenuous legal authority, even to inspect, <br />much less control, the activities from which threats <br />arise. Even measures designed to provide a high level <br />of protection for park waters, such as the Environ- <br />mental Protection Agency's (EPA) antidegradation <br />regulation for "outstanding National resource waters," <br />have often not been interpreted or enforced to com- <br />pel careful management of park watersheds. <br />Moreover, even where available regulatory tools <br />may provide a basis for challenging potentially dam- <br />aging activities, effective protective action by the Park <br />Service usually requires support from upper echelons <br />of the Department of the Interior. Unfortunately, the <br />needed support often is not forthcoming. To the con- <br />trary, internal policies in the Department of the <br />Interior have tended to discourage park managers <br />NPCA RECOMMENDATIONS: Park boundaries should be drawn or adjusted to include critical watershed <br />lands wherever these steps are feasible and will significantly enhance protection of park waters. <br />Furthermore, the Park Service should be entitled to notice and consultation about any activity on park <br />watershed lands-.that may affect park waters. Any federally-permitted or federally-assisted activity <br />should be modified #o the extent necessary to avoid impairment of park water quality or park water <br />rights. <br />Congress Should: <br />T. Expand existing parks, and draw the boundaries of new parks, to include critical watershed lands <br />~~ " wherever those steps are feasible and will significantly" enhance the ability of the Park Service to protect <br />-:park waters. <br />2. ]tequire all federal agencies managing lands within a park's watershed to ensure that their management <br />plans~ft7r those lands are consistent with the protection of park waters and water-related resources from <br />impairment. <br />3. Far any aefivity proposed on park watershed lands that could affect park waters and involving federal <br />" funds or authorization, require that the Park Service be given reasonable notice and opportunity to assess <br />potential impacts on park waters. Where the Park Service determines that an activity is likely to impair <br />water quality or.diminish the quantity of water protected under a park's water right, require the responsi- <br />ble federal agency to modify that activity to avoid impairment of park waters. <br />4. For any activity proposed on park watershed lands that could affect park waters and not involving fed- <br />eral funds or authorization, require that the Park Service be given reasonable notice, opportunity to assess <br />potential impacts on park waters and opportunity to identify the actions needed to avoid impairment of <br />;park water quality or water rights. <br />16 <br />