Purpose of and Need for the Plan

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PLANNING DIRECTION AND GUIDANCE

SERVICEWIDE LAWS AND POLICIES

As with all units of the National Park Service, the management of Crater Lake National Park is guided by a number of legal mandates and park policies in addition to the enabling legislation. These include the 1916 Organic Act (which created the National Park Service), the General Authorities Act of 1970, the act of March 27, 1978 (relating to the management of the national park system), and other applicable federal laws and regulations, such as the Endangered Species Act and the National Historic Preservation Act. The National Park Service has also established management policies for all units under its stewardship. These are identified and explained in NPS Management Policies (2001).

These legal mandates and policies prescribe many resource conditions and some aspects of the visitor experience. This plan is not needed to decide, for instance, whether or not it is appropriate to protect endangered species, control exotic species, protect archeological sites, or provide access for visitors with disabilities. Although attaining some of these conditions set forth in these laws and policies has been temporarily deferred in the park because of funding or staffing limitations, the National Park Service will continue to strive to implement these requirements with or without a new general management plan.

The conditions prescribed by laws, regulations, and policies most pertinent to the planning and management of the park are summarized below.

Endangered Species Act; NPS Management Policies

Natural geologic processes proceed unimpeded.

Paleontological resources, including both organic and mineralized remains in body or trace form, will be protected, preserved, and managed for public education , interpretation, and scientific research. Natural soil resources and processes function in as natural condition as possible, except where special management considerations are allowable under policy. The Park Service will actively seek to understand and preserve the soil resources of parks, and to prevent, to the extent possible, the unnatural erosion, physical removal, or contamination of the soil, or its contamination of other resources. NPS Management Policies Research, Resource Inventory and Monitoring Management of the resources will be enhanced by the availability and utilization of a broad program of the highest quality science and research. The Park Service will undertake a program of inventory and monitoring to provide baseline and long- term trends in the condition of resources. The Park Service will encourage publication and dissemination of information derived from studies. National Park Omnibus Management Act of 1998, Title II National Park System Resource Inventory and Management Wilderness The Park Service seeks to retain wilderness potential in areas proposed as wilderness until enacted or rejected. The administration of wilderness meets the standards within the Wilderness Act: Protection of these areas in an unimpaired state for future use and enjoyment as wilderness Preservation of the wilderness character of these areas NPS Management Policies ; Wilderness Act of 1964; Director’s Order #41 Wilderness is protected and managed so as to preserve its natural conditions and which • generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable. • has outstanding opportunities for solitude or a primitive and unconfined type of recreation. Wilderness Act of 1964; Director’s Order #41 Fire Management Each park is required to have a fire management plan / environmental assessment that addresses wildland and prescribed fires. Wildland fires are naturally ignited and part of natural systems that are being sustained by parks. Prescribed fires are human ignited to achieve resource management or fuel treatment objectives. Fire suppression within proposed wilderness will be consistent with the “minimum requirement” concept. (minimum tool or administrative practice to successfully and safely accomplish the objective with the least adverse impact on wilderness character or values) NPS Management Policies; Director’s Order #18 Cultural Resources Desired Condition Source Prehistoric and Historic Archeological Sites Archeological sites are identified and inventoried, and their significance is determined and documented. National Historic Preservation Act Archeological sites are protected in an undisturbed condition unless it is determined through formal processes that disturbance or natural deterioration is unavoidable. Archeological and Historic Preservation Act Archeological Resources Protection Act In cases where disturbance or deterioration is unavoidable, the site is professionally documented and salvaged. Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (1992) Programmatic Memorandum of Agreement among the National Park Service, Advisory Council on Historic Preservation, and national Council of State Historic Preservation Officers (1995) NPS Management Policies Historic Structures and Cultural Landscapes Historic structures and cultural landscapes are inventoried and their significance and integrity are evaluated under national register criteria. National Historic Preservation Act Archeological and Historic Preservation Act The qualities of historic structures and cultural landscapes that contribute to their actual listing or their eligibility for listing on the National Register of Historic Places are protected in accordance with the Secretary of the Interior’s Standards, unless it is determined through a formal process that disturbance or natural deterioration is unavoidable. Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (1992) Programmatic Memorandum of Agreement among the National Park Service, Advisory Council on Historic Preservation, and national Council of State Historic Preservation Officers (1995) NPS Management Policies Objects and Archival Manuscripts Collections Manage parks to provide for the protection of historic, prehistoric, and scientific features. The Antiquities Act of 1906. Manage parks to “maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and… establish and maintain museums in connection therewith.” The Historic Sites Act of 1935. All museum objects and manuscripts are identified and inventoried, and their significance is determined and documented. The qualities that contribute to the significance of collections are protected in accordance with established standards. Ensure that objects housed in repositories/institutions outside the park are preserved, protected, and documented according to NPS standards and guidelines. American Indian Religious Freedom Act Archeological Resources Protection Act Native American Graves Protection and Repatriation Act NPS Management Policies NPS Museum Handbook Director’s Order #24 Ethnographic Resources Manage parks to provide for the protection of historic, prehistoric and scientific features. Antiquities Act of 1906 Desired Condition Source Continue to recognize the past and present existence of peoples in the region and the traces of their use as an important part of the cultural environment to be preserved and interpreted. Consult with associated American Indian tribes to develop and accomplish the programs of Crater Lake National Park in a way that respects the beliefs, traditions, and other cultural values of the American Indians who have ancestral ties to park lands. Accommodate access to and ceremonial use of traditional use areas in a manner that is consistent with park purposes and avoid adversely affecting the physical integrity of these sites and resources. American Indians linked by ties of kinship or culture to ethnically identifiable human remains would be consulted when remains may be disturbed or are encountered on park lands. American Indian Religious Freedom Act (1978 and as amended in 1994) Native American Graves Protection and Repatriation Act (1990) Presidential Memorandum of April 29, 1994, Government- to- Government Relations With Native American Tribal Governments Executive Order 13007 of May 24, 1996, Indian Sacred Sites Visitor Management Requirements Desired Condition Source Visitor Experience and Park Use Requirements Visitor and employee safety and health are protected. NPS Management Policies Visitors understand and appreciate park values and resources and have the information necessary to adapt to the park environments. Visitors have opportunities to enjoy the park in ways that leave park resources unimpaired for future generations. NPS Organic Act Crater Lake National Park enabling legislation NPS Management Policies Park recreational uses are promoted and regulated. Basic visitor needs are met in keeping with park purposes. NPS Organic Act Title 36 of the Code of Federal Regulations NPS Management Policies New and remodeled buildings, outdoor developed areas, and features are accessible to all visitors, including those with disabilities, in compliance with federal standards. However, it may not be possible to make all sites or historic buildings accessible because the required changes would affect the integrity of the feature or the historic structure. In these cases interpretive brochures or programs could help convey an experience to visitors. Americans with Disabilities Act Architectural Barriers Act Rehabilitation Act NPS Management Policies Development and Sustainability Desired Condition Source New and remodeled buildings and facilities reflect the NPS commitment to energy and resource conservation, as well as durability. Executive Order 12873 Executive Order 12902 Guiding Principles of Sustainable Design (NPS 1993)