Approved: ______________________
                               Director

Effective Date: ______________

Sunset Date: ______________

This Director's Order does not replace any previously issued NPS Guideline or Special Directive. It is issued de novo.

I.  Background

In 1968, Congress passed the Wild and Scenic Rivers Act (16 USC 1271-1287; Public Law (PL) 90-542), to establish a national system of protected rivers. The purpose of putting a river into this system is to protect its free flow, water quality, and "outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values." 16 USC 1271.

The National Park Service is one of four Federal land-managing agencies with wild and scenic river management responsibilities. Wild and scenic rivers administered by the National Park Service may flow wholly or partly within the boundaries of existing national park system units, or may constitute new and separate units of the system. These rivers are part of the national park system (16 USC 1281(c)), are subject to all laws, regulations and policies applicable to that system, and are the subject of this Director's Order.

In addition, Congress sometimes designates rivers that flow across primarily private lands and specifies that these rivers will be administered by the Secretary of the Interior, but will not be part of the national park system. In such cases, the Secretary's responsibilities (delegated to the Director of the National Park Service) are specified in the river-specific legislation, and are usually limited to planning and other technical assistance, and to reviewing federally assisted or constructed water resources projects for their impacts on that river. These rivers are the subject of Director's Order #46B [not yet issued], as are rivers for which the Governor of a State has applied to the Secretary for inclusion in the system pursuant to section 2(a)(ii) of the Wild and Scenic Rivers Act.

II.  Purpose and Scope

The purpose of this Director's Order is to provide NPS wild and scenic river managers with direction for managing rivers that are part of the national park system and for which the National Park Service has full management responsibility. It is not directed toward the conduct of studies for potential new wild and scenic rivers, the technical assistance work authorized under section 11(b)(1) of the Wild and Scenic Rivers Act (16 USC 1282(b)(1)), or rivers that are not part of the national park system. It also is not directed toward evaluating applications from State Governors to the Secretary of the Interior to have State-protected rivers added to the national system pursuant to clause (ii) of section 2(a) of the Act (16 USC 1273(a)). Technical assistance work under section 11(b)(1) and the evaluation of rivers proposed for inclusion in the National Wild and Scenic Rivers System by a Governor pursuant to section 2(a)(ii) will be addressed in Director's Order #46B.

III.  Authorities

Authority to issue this Director's Order is contained in the National Park Service Organic Act (16 USC 1 through 4), and Part 245 of the Department of the Interior Manual.

Specific authority governing wild and scenic rivers is contained in the Wild and Scenic Rivers Act (16 USC 1271-1287), and the Secretary of Agriculture and the Secretary of the Interior's Final Revised Guidelines for Eligibility, Classification and Management of River Areas, 47 Fed. Reg. 39454 (referred to hereinafter as the Secretaries' Guidelines).

This Director's Order is intended only to improve the internal management of the NPS, and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

IV.  Instructions/Requirements

Each river administered by the National Park Service is part of the national park system (unless otherwise specified in law) and must be administered in accordance with all laws, policies and regulations governing that system. Additional requirements found in the Wild and Scenic Rivers Act stipulate that each river (unless otherwise provided in river-specific legislation) will:

· Have a boundary established within one year of designation and averaging no more than 320 acres per mile (640 acres for rivers designated by the Alaska National Interest Lands Conservation Act (ANILCA) (16 USC 3101-3233; PL 96-487);

· Be classified within one year of designation as "wild," "scenic" or "recreational," or some combination thereof;

· Have a comprehensive river management plan (equivalent to a general management plan) within three years of designation, which will be reviewed every five years for adequacy;

· Be managed to protect and enhance the values for which it was designated-water quality, free flow, and the outstandingly remarkable values attached to that river; and

· Be protected from the harmful effects of federally assisted or constructed water resources projects.

Section 7(a) (16 USC 1278(a)) is often considered the "heart" of the Act because it protects against dams, diversions and channelization works, projects that have had drastic effects on so many of the Nation's rivers. The Wild and Scenic Rivers Act was passed specifically to balance that policy with one of conservation of certain other selected rivers. Equally important is section 10(a) (16 USC 1281(a)) which directs managers to "protect and enhance" the values for which these rivers are designated. This requires attention to values on adjacent lands. The "protect and enhance" language of section 10(a) is interpreted in the Secretaries' Guidelines as "a nondegradation and enhancement policy for all designated river areas, regardless of classification." See, Secretaries' Guidelines, section III, "Management." This is equivalent to the "without impairment" language of the National Park Service Organic Act, and does not mean that all actions having minor adverse effects, such as from allowing recreational use, must be precluded.

In addition to direction provided in the Wild and Scenic Rivers Act, managers should follow guidance provided in (1) the Secretaries' Guidelines and (2) technical papers produced by the Interagency Wild and Scenic Rivers Coordinating Council. The technical papers of the Interagency Council are available on the web at www.nps.gov/rivers/publications.html. Managers should consult the technical paper located at www.nps.gov/rivers/publications/section-7.pdf when attempting to aid Federal assistance/construction agencies in complying with section 7(a) of the Act.

V.  Responsibilities

5.1 Director

The Director is ultimately responsible for ensuring that wild and scenic rivers administered by the NPS as parts of the national park system are managed in accordance with all laws, policies, and regulations pertaining to (A) the national park system, and (B) the national wild and scenic rivers system. Whenever the retirement or resignation of a Park Service representative creates a vacancy on the Interagency Council, the Director, acting on the nomination of the remaining NPS representatives, will appoint a replacement.

5.2 Office of Park Planning and Special Studies, Washington Office (WASO)

The Office of Park Planning and Special Studies, WASO, will act as a clearinghouse of information to assist NPS units in the effective management of wild and scenic rivers. In addition, the Office will provide oversight of the development of the required comprehensive river management plans, and allocate funds for their preparation.

5.3 Regional Directors

Regional directors are responsible for ensuring that all wild and scenic rivers administered by the NPS as park units in their regions are managed in accordance with the laws, policies and regulations governing the national park system and the national wild and scenic rivers system. Accordingly, regional directors will see to it that each such river has an adequate comprehensive river management plan.

5.4 Superintendents

Superintendents charged with the administration of wild and scenic rivers are responsible for their day-to-day management. Such management will comply with all laws, policies, and regulations governing the national park system and the national wild and scenic rivers system. Pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 USC 1278(a)), superintendents must review all proposed water resources projects (including those upstream, downstream, and on tributaries of the designated segment of a river, and whether they are proposed by the NPS or some other entity) to determine whether such projects will adversely effect the values for which the wild and scenic river was established. Superintendents will also (A) consult with the Office of Park Planning and Special Studies as may be necessary from time to time, particularly with regard to their comprehensive river management plans, and (B) keep abreast of the activities of the Interagency Council.

VI. Related Guidance

For planning relative to river and river segments that the NPS considers eligible for the national wild and scenic rivers system, see Management Policies, sections 2.3.1.10 and 4.3.4.

For wild and scenic river studies, see (1) the Interagency Council's technical paper on the study process, and (2) chapter 6 of NPS-2, "Planning Process Guideline" (Release No. 3, Amendment 3, March 1986).

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