REP35525 - Laserfiche WebLink

Home Browse Search

1.2.3. The Non-Impairment Mandate 1 The NPS Organic Act, as amended by the 1970 General Authorities Act and the 1978 Redwood Act amendments, prohibits the impairment of park resources. The NPS Management Policies (2001) provide guidance about the definition of an impairment, the park resources that may not be impaired, and how the NPS shall prevent potential impairment and rectify ongoing ' impairments. An impact to any park resource or value may, or may not, constitute an impairment. Not all impacts are impairments. An impairment is an impact that, in the professional judgment of the responsible NPS manager, would harm the integrity of park resources or values, including the opportunities that otherwise would be present for the enjoyment of those resources or values. ' Whether an impact meets this definition depends on the particular resources and values that would be affected; the severity, duration, and timing of the impact; the direct and indirect effects of the impact; and the cumulative effects of the impact in question and other impacts. ' The NPS Management Policies (NPS 2001 c) explain that an impact would be more likely to constitute an impairment to the extent that it affects a resource or value whose conservation is: 1) Necessary to fulfill a specific purpose identified in the establishing legislation or proclamation of the park; 2) Key to the natural or cultural integrity of the park or to opportunities for enjoyment of the park; or 3) Identified as a goal in the park's general management plan or other relevant NPS planning documents. An impact would be less likely to constitute impairment to the extent that it is an unavoidable result, which cannot be reasonably further mitigated, of an action necessary to preserve or restore the integrity of park resources or values. NPS Management Policies explain that "resources and values" mean the full spectrum of tangible and intangible attributes for which the parks are established and are being managed, including the Organic Act's fundamental purposes (as supplemented), and any additional purposes as stated in a park's establishing legislation. Park resources and values that are subject to the no impairment standard include: the biological and physical processes which created the park and that continue to act upon it; scenic features; natural visibility; natural soundscapes and smells; water and air resources; soils; geological resources; paleontological resources; archeological resources; cultural landscapes; ethnographic resources; historic and prehistoric sites, structures, and objects; museum collections; and native plants and animals. Additional resources and values that are subject to the non-impairment standard include the park's role in contributing to the national dignity, the high public value and integrity, and the superlative environmental quality of the National Park System. e For these reasons, Chapter 3 of this EA, Affected Environment and Environmental Consequences, provides an analysis of the potential for impairment for each of the natural and ~ cultural resource topics covered in this EA. 1.2.4. Special Use Permits The NPS's authority to regulate the exercise of the reserved mineral rights at the Dickerson Pit is derived from the Property Clause of the United States Constitution. The Property Clause provides that "Congress shall have the Power to dispose of and make all needful Rules and