Laserfiche WebLink
UNPROTECTED WATERSHEDS <br />from involvement in regulatory action to address <br />threats arising outside park boundaries. <br />Furthermore, effective action often requires early <br />and continuing legal representation in administrative <br />proceedings or court litigation. Yet the Park Service <br />must depend exclusively on the few attorneys in the <br />Interior Solicitor's offices, or on attorneys from the <br />Department of Justice, neither of whom ordinarily <br />takes initiative in commencing regulatory actions for <br />park protection. Finally, both the Solicitor's offices <br />and the Department of Justice commonly represent <br />other federal agencies that often support projects that <br />may harm park water resources, further limiting the <br />prospects for effective legal protection of national <br />parks. <br />Park waters will remain in jeopardy until pro- <br />grams are established to provide for careful manage- <br />ment of park watershed lands, with provisions for <br />active involvement by the Park Service in addressing <br />potential threats. Use or development of park water- <br />shed lands does not necessarily need to be prohib- <br />ited, but individual and cumulative impacts to park <br />waters from activities on their watersheds must be <br />assessed and steps taken to avoid or minimize harm. <br />Alternatives to proposed activities must be sought, <br />and sometimes required, when they would reduce <br />the quantity of water essential to a park's natural sys- <br />tems or aesthetic values. Solutions must be developed <br />that will prevent or reduce pollution at its source, <br />since it seldom can be contained or cleaned up at the <br />park boundary. Finally, the Park Service must be <br />given the authority, program support and encourage- <br />ment to address aggressively the many threats that <br />arise on watershed lands beyond park boundaries. <br />5. Require state water quality agencies (or the Environmental Protection Agency) to directly notify and <br />consult with the Park Service concerning any proceedings to classify or designate uses or standards for <br />waters within a park's watershed lands or for waters that could affect a park's aquatic resources, and to <br />give full consideration to Park Service recommendations in such proceedings. <br />6. Amend the Clean Water Act to require mandatory designation of park waters as "outstanding National <br />resource waters" or an equivalent designation prohibiting any degradation of park water quality. (See also <br />section 8 on "Nonmandatory Antidegradation Standards.") <br />7. Authorize and fund an independent office of legal counsel for the National Park Service, staffed with <br />attorneys authorized to provide representation in all administrative proceedings and litigation relating to <br />protection of units of the National Park System, including the protection of park waters. <br />` $. Clarify that the Park Service has authority to adopt and enforce appropriate regulations to protect park <br />waters and water-related resources from impairment caused by activities on park watershed lands that <br />extend beyond park boundaries. <br />The Parh Service Should <br />9. Specifically require park managers to participate in planning, administrative and judicial proceedings, <br />including water right adjudications, to the full extent necessary to avoid or minimize impacts from activi- <br />ties on park watersheds that may adversely affect the quantity and quality of park waters or a park's <br />water-related resources. <br />10. Promulgate regulations to protect park waters and water-related resources from impairment caused <br />by activities on watershed lands that extend beyond park boundaries. <br />17 <br />