NATIONAL PARK SERVICE ADMINISTRATIVE POLICIES for the Recreation Areas of the National Park System

DISCUSSION

A wide range of recreational uses, facilitated by varying kinds of development and management techniques, will be encouraged. These uses will include activities which are consumptive of renewable resources (hunting, fishing, collecting), and uses which are nonconsumptive of resources (hiking, sightseeing, bicycling, riding, boating, skating, water skiing, photography, etc.). Some desirable activities will require intensive-use facilities which will alter the basic resource on site. Such activities will nonetheless derive their meaning in large part from the resource orientation. Among these are swimming (where developed beaches are required), camping, picnicking, skiing, golfing, field sports, and certain cultural activities.

Activities will vary from those of high intensity on limited areas of land, such as swimming beaches, ski slopes, and campgrounds, to those of low intensity that require considerable natural area or open space in order to provide meaningful recreational experiences (hunting, some kinds of fishing, hiking, etc.), As a rule, every recreation area will be so planned, developed, and managed as to accommodate varying intensities and kinds of use.

In the Act of May 28, 1963, Congress declared that it was "desirable that all American people of present and future generations be assured adequate outdoor recreation resources." Supplementing this policy declaration, the President's Recreation Advisory Council has declared that national recreation areas, while "* * * being of lesser significance than the unique scenic and historic elements of the National Park System [should nevertheless afford], a quality of recreational experience which transcends that normally associated with the areas provided by state and local governments; * * *" The council has also indicated that recreation areas "* * * should provide recreation opportunities significant enough to insure interstate patronage within the region of service, and to a limited extent should attract patronage from outside of its normal service region." Also, "* * * outdoor recreation should be recognized as a dominant or primary resource management purpose * * *"

A principal purpose of recreation areas is to serve the Nation's growing urban populations. To provide quality recreational experiences for an urban population in the out-of-doors requires an information and interpretive program which informs visitors of recreational opportunities available and provides them a better understanding of the natural environment.

ADMINISTRATIVE POLICIES

Information and Interpretation
The objectives of the information and interpretive program are to inform visitors of recreational opportunities available, provide them a better understanding of, and appreciation for, the natural environment and assist them in their quest for a quality outdoor recreational experience.

Audiovisual programs, publications, museums, wayside exhibits, amphitheaters, campfire circles, visitor centers, and contact stations are among the interpretive facilities that may be provided. Typical of desirable information and interpretive programs are:

Information on weather, fishing, and other activities that may have significant impact on the safety or enjoyment of visitors.

Programs of instruction in water safety for boaters, swimmers, scuba divers, etc., are encouraged in cooperation with local groups, States, local governments, etc.

Instruction in nature study, outdoor sports, etc., is encouraged to enhance the quality of outdoor recreation experience for visitors.

Official Records
In conformance with legal authorization and existing procedures, the Service shall make available, upon request, those official records affecting the public. (See also Title 43, Code of Federal Regulations, issued pursuant to the Public Information Act of June 5, 1967 (P.L. 90-23) and applicable volumes of the National Park Service Handbook Series.)

Education
A broad program to promote environmental education should be a part of the interpretive program. Cooperation with schools, colleges, publishers, and other organizations is encouraged for the purpose of communicating an environmental consciousness both within and beyond the area, including the establishment of conservation-education centers.

Interpretive Trails
A variety of trails—nature and history, selfguiding, bicycle, and motor trails—are desirable. The concept of one-way motor trails, with ample turnouts, small overlooks, and short (usually one-quarter mile), selfguiding walks are encouraged. (See also Walks and Trails, p. 63, Road and Trail Policy section.)

Outdoor Sports
Participation in active, outdoor sports is a desirable use of recreation areas and opportunities will be provided for such activities. These uses may include, but not be limited to, field sports (baseball, softball, soccer, stick hockey, etc.), golf, tennis, badminton, and shuffleboard. These activities may be provided for in combination with campgrounds, beaches, or other intensive activity areas, or may be provided separately.

Spectator Sports and Special Events
Spectator sports and special events, such as regattas and ski competitions, as a part of a total recreation program, are permitted pursuant to written authorization in each case by the superintendent. Such events should be sponsored by public or nonprofit organizations. To defray a portion of the cost of sponsorship, such organizations may be permitted to make a charge for admission to specially designated areas reserved for such events. However, emphasis is on active, outdoor recreation in recreation areas. Accordingly, spectator sports and special events should be complementary to, and not supersede first-priority activities involving individual participation of recreation area users. The use of recreation area facilities for conventions or similar type meetings may be permitted when they do not materially interfere with general public use and enjoyment of the area. (See also Spectator Facilities, p. 55, Physical Development Policy section.)

Programs for Youth
The Service encourages recreation programs, particularly for young people in densely settled regions. Also, the Service will work with other organizations to make available recreational opportunities to young people, especially those who might not, for economic reasons, otherwise be able to obtain them. (See also Organized Group Camps, p. 55, Physical Developments Policy section.)

Collecting Without Permits
Collecting, for individual private use, and not for profit or distribution to others, may be permitted for certain renewable resources, such as fruits, seashells, pine cones, in conformance with regulations promulgated for each recreation area. These regulations will specify what items may be collected and under what terms.

Collecting by Permit
Pursuant to regulations established for each particular recreation area, students (from the grade school level upward), researchers, and scientific institutions may make collections, for educational or research purposes, of insects, other invertebrates, vertebrates, plants, and other natural objects upon receiving a permit for this purpose from the superintendent or his authorized representative.

Cultural Programs
Cultural productions, as part of a total recreation program, are encouraged. These could include, but need not be limited to, musical productions, films, lectures, and plays. Since emphasis is on active, outdoor recreation in recreation areas, cultural activities should be complementary to, and not supersede, these first priority activities. (See also Spectator Facilities, p. 55, Physical Developments Policy section.)

Water-oriented Recreation
Opportunities and facilities for water-oriented activities in recreation areas with suitable water resources will be provided as appropriate for swimming, water skiing, surf-boarding, scuba diving, fishing and similar water-oriented uses. Water zones should be established to permit various types of appropriate boating, such as canoes and motor boats. (See also Boating, p. 52, Wilderness Use and Management Policy section.)

Other Recreational Uses
Recreational uses, other than those covered above, such as picnicking camping, automobile sightseeing, horseback riding, and hunting, will be encouraged to the extent they are consistent with the recreation mission of the area and the physical capability of the area to accommodate such uses. Off-road use of motor-propelled vehicles, also, may be permitted at specified times in specified locations or on designated routes where this use is compatible with other recreational uses.

Safety and Public Health
The recommended standards for safety and public health prescribed by Federal, State, or local authorities having jurisdiction shall be observed in providing for the health, safety, and well-being of visitors and those employed in recreation areas. (See also Recreation Advisory Council Policy Circular No. 3 of April 9, 1964, Appendix C; and Information and Interpretation, p. 42, this section.)

Advertising
The Service may participate in signing and other public information programs to the extent necessary to acquaint the public with means of access to the areas it administers and with the facilities and services available in them.

Religious Services
At areas where facilities for organized worship are not readily available in nearby communities the Service will cooperate with established groups and organizations by permitting the use of Government-owned facilities for worship services when it does not interfere with needful use of such facilities for their primary purpose. Concessioners may be permitted to cooperate with such groups in similar circumstances.

Sale of Native Handicraft and Artifacts
The sale of appropriate handicraft articles associated with or interpretive of an area is encouraged. Such articles shall be clearly labeled as to origin and displayed separately from commercially or mechanically produced souvenirs. Archeological specimens or objects of American Indian origin, such as pottery or arrowheads more than 100 years old, may not be sold regardless of their place of origin. (See also Concessions and Concessioners, this page.)

Aircraft Operation
The operation of aircraft may be permitted on lands or waters of recreation areas in accordance with applicable local and Federal Aviation Agency rules and regulations when consistent with the management and use of the area for its primary purpose. (See also Airports, p. 57, Physical Developments Policy section.)

Cooperating Associations
Formation and operation of cooperating associations or agencies of existing associations to facilitate the conservation education and interpretive programs of an area, as authorized under Public Law 633, August 7, 1946, shall be encouraged where they contribute to the management of the area.

Motion Pictures and Still Photography
The making of still and motion pictures involving the use of professional casts, settings, and crews may be permitted under conditions which protect and perpetuate the integrity of the area in the end product and when consistent with the primary recreation mission of the area. (See also Departmental Regulations, Part 5, Title 43, Code of Federal Regulations.)

Camping
(See Camping and Campgrounds, p. 56, Physical Developments Policy section.)

Organized Group Camps
(See Organized Group Camps, p. 55, and Camping and Campgrounds,p. 56, Physical Developments Policy section.)

Concessions and Concessioners
Concession and other business operations in recreation areas are authorized under the act of August 25, 1916 (39 Stat. 535), as amended. The congressionally approved concession policies (P. L. 89-249, 89th Cong.) are set forth in Appendix E. The standard contract language approved by the Secretary is incorporated in the Service's "Concessions Management Handbook." Administrative policies, dealing with subjects in addition to those in the Congressionally approved policies, are as follows:

(a) Site Selection and Construction of Concession Facilities. (See Concession Facilities, p. 57, Physical Developments Policy section.)

(b) Government Development of Concession Facilities. When there is no response from a prospectus, and the facilities are necessary for the accommodation of visitors, such facilities may be provided by the Government with appropriated funds and made available to responsible private parties for operation. Except in emergency situations, the Government should not engage in the direct operation of concession facilities.

(c) Maintenance of Government-owned Facilities. Concessioners should be required to maintain all Government-owned facilities used in concession operations. To this end, annual maintenance programs shall be required during the term of the contract. Concessioners should not be granted possessory interest in capital improvements made to Government-owned facilities. Where capital improvements, as distinguished from maintenance, are necessary, they may be made by the Government, if adequate funds are available, or, if made by the concessioner, should be amortized to avoid dual ownership interests.

(d) Insurance. Concessioners should carry such insurance against losses by fire, or other casualty of Government-owned facilities, public liability, employee liability, and other hazards as is customary among prudent operators of similar businesses under comparable circumstances.

(e) Employees. Concessioners should have affirmative action programs to assure equal employment opportunities and adhere to the Department's labor standards and to applicable Federal and State labor laws.

(f) Nondiscrimination in Service. Concessioners and their employees may not discriminate against any individual because of race, creed, color, sex, or national origin.

(g) Advertising Facilities and Services. Advertising of facilities and services should be descriptive, accurate, and in good taste. Billboard advertising is discouraged. (See also Advertising, p. 44, this section.)

(h) Merchandise. The merchandise sold in recreation areas is to be limited to those items and services appropriate and necessary for public use and enjoyment of the areas. All souvenirs and other merchandise offered for sale to visitors must be in good taste. (See also Sale of Native Handicraft and Artifacts, p. 45, this section.)

(i) Campground Operations. (See also Camping and Campgrounds, p. 56, Physical Developments Policy section.)

(j) Alcoholic Beverages. The sale of alcoholic beverages may be permitted in recreation areas, subject to applicable Service regulations and State laws.

(k) Conventions. The use of concession facilities for conventions, group meetings, and the like, during seasons of heavy vacation travel, should be discouraged.

(l) Overnight Accommodations. The concessioners shall maintain a reasonable proportion of their accommodations as low-priced accommodations.

(m) Establishment of Concessions. Accommodations, facilities, and services will be authorized in recreation areas for public use and enjoyment of the area to the extent they are consistent with the "carrying capacity" of the area and the need therefor exists—taking into account accommodations, facilities, and services developed, or which reasonably may be developed, to serve the need in the vicinity of the area.

(n) Quality of Service. Services offered to the public by concessioners must be satisfactory as judged by recognized standards and the rates for such services must be reasonable as judged by statutory criteria.

Public Assembly
The use of recreation areas for public gatherings, meetings, and other forms of expressing viewpoints on social, economic. and political questions is guaranteed by the Constitution of the United States. Solicitor Frank A. Barry expressed this guarantee of expression as follows in a memorandum of March 23, 1965 (See Appendix F for full text of memorandum):

The First Amendment of the Constitution of the United States expressly forbids legislation by Congress "abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for redress of grievances."

Any authority the Secretary of the Interior has to promulgate Regulations is by delegation from Congress. Any limitations on the power of the Congress to legislate would follow such delegation and limit the power of the Executive Branch.

The Supreme Court has recognized that governments must have police power to prevent violence and to protect the safety of persons, property, and other important public and private interests. Such police power, however, cannot justify denial to anyone of the rights guaranteed by the First Amendment merely because such denial tends to prevent the disorders feared. To hold that all speech or any speech can be suppressed or that all gatherings or any gatherings can be forbidden because speech and public gatherings might start arguments or disrupt traffic, all of which might result in someone being inconvenienced or being made uncomfortable, would make the guarantees of the Bill of Rights empty phrases without force.

Consistent with this legal interpretation of constitutionally guaranteed rights, the Service observes the following administrative policy concerning demonstrations and other forms of peaceable assembly and freedom of speech:

(a) Demonstrations in the exercise of rights guaranteed by the First Amendment of the Constitution to peaceably assemble and to speak on social, economic, and political matters will be permitted in areas that are open to the public.

(b) Demonstrations may include, but need not be limited to, rallies, parades, marches, speeches, or picketing with or without signs.

(c) Personnel administering areas shall cooperate with the apparent leadership of demonstrating groups regarding their use of the area. An effort may be made to get the groups to voluntarily agree to limit the number of persons involved, in the interest of minimizing public inconvenience and to limit the duration of the demonstration.

(d) Although law enforcement personnel should be available to maintain law and order, representatives of the Service or its agencies should not initiate any action against demonstrators prior to a breach of the peace, such as overt physical violence against persons or property.

(e) Areas shall not be closed during the hours they are normally scheduled to be open solely to avoid an expected demonstration in the area or to attempt to restrict a demonstration in progress. Demonstrators will not be forcibly removed in the absence of any breach of the peace committed by them, except after consultation with, and approval of, the Director.

(f) Permits for the use of areas for demonstrations shall be granted on a "first come, first served" basis. Use of a permit system will allow those administering an area to be prepared to accommodate the group which may appear. The issuance of a permit would also serve to avoid possible conflict in the desire of more than one group to use a given area at the same time. Permits will not be denied upon the presumption that speeches or public gatherings would result in a breach of the peace, or would interfere with the comfort, convenience, and interest of the general public, or would disrupt the normal use of the area. Generally, the foregoing will provide every individual or group an opportunity to obtain a permit for a demonstration or assembly. Failure to obtain a permit will not in itself be cause for action leading to prosecution, except after consultation with, and approval of, the Director.

In implementing these policy guidelines, superintendents and their key personnel will develop and maintain close and consistent working relationships with other nearby Federal, State, and local officials and the leadership of local human relations councils in the communities in which they exist. Meetings with law enforcement and other civic officials should be directed to cooperative efforts with them—(a) to exchange information concerning anticipated demonstrations or meetings; (b) to develop arrangements with the leadership of any group planning to demonstrate; (c) to provide for the protection of the rights of participants; and (d) to assure that the demonstration will be conducted in a peaceful and orderly manner. Such contacts will provide an opportunity to explain to community leaders and other officials our policies with respect to demonstrations and meetings.

The Service will be constantly mindful of the responsibility to protect the rights of all visitors and equally alert to provide for the safety of all persons as well as public and private property, in implementing the assurance of the right of peaceable assembly and free speech. Nothing herein contained shall be construed as preventing the arrest by any peace officer of any individual committing or attempting to commit a criminal act. By the same token, Service personnel on duty at an area in which a demonstration is conducted should not in any way associate themselves either with those conducting the demonstration or with those who may oppose it. (See Title 36, Code of Federal Regulations; Spectator Sports and Special Events, p. 43, and Conventions, p. 46, this section.)

DISCUSSION

The Wilderness Act requires a study of roadless areas of 5,000 acres, or more, within the National Park System to determine which of these lands may be deemed suitable for inclusion by the Congress in the National Wilderness Preservation System. The Wilderness Act, itself, does not include any national parklands in the National Wilderness Preservation System. Separate legislation by the Congress is required to accomplish this purpose. It is pertinent to note, however, that in the Wilderness Act the Congress expressed the following policy:

In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as wilderness areas," and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness * * *.

Moreover, Section 4 of the Wilderness Act provides that:

The purposes of this Act are hereby declared to be * * * supplemental to the purpose for which * * * units of the national park system are established and administered * * *. (Emphasis supplied.)

To become a unit of the National Wilderness Preservation System, each recreation area wilderness must be designated by the Congress. In order to be so designated, each proposed wilderness unit must be clearly identified so that its boundaries may be legally described in the legislation. Thus, the Wilderness Act requires that the Service, hereafter, clearly identify and appropriately describe the boundaries of those lands that are to be recommended to the Congress for wilderness designation.

Consistent with the Congressional policy enunciated for each area, "outdoor recreation shall be recognized as the dominant or primary resource management purpose" of recreation areas. Within the broad scope of outdoor recreation, wilderness use is a desirable activity that should be provided for and encouraged where suitable environments permit such use in recreation areas.

The Wilderness Act of 1964 recognizes that all lands which may be included in the National Wilderness Preservation System are not to be managed alike. These differing policies arise out of the differences in purposes of the management of areas in which wilderness may be designated. For example, the Wilderness Act provides for certain multiple uses in wilderness areas of the national forest designated by the act, such as existing grazing; mineral prospecting until 1984 and mining (with authority to construct transmission lines, waterlines, telephone lines, and utilize timber for such activities); and water conservation and power projects as authorized by the President. On the other hand, in connection with wilderness designations in the national parks, the Wilderness Act provides, in part, that:

* * * the designation of any area of any park * * * as a wilderness area pursuant to this Act shall in no manner lower the standards evolved for the use and preservation of such park * * * in accordance with the Act of August 25, 1916, [and] the statutory authority under which the area was created * * *

National parks and national recreation areas are established for different purposes and, thus, are accorded different management. For example, national parks are established to preserve for all time scenic beauty, wilderness, native wildlife, indigenous plantlife, and areas of scientific significance. In the long range, the preservation of these areas in their natural condition, as prescribed by the Congress, is best achieved when exploitative and private uses are eliminated from them and their wilderness lands preserved in their pristine condition.

Recreation areas also possess natural endowments, and occasionally historical values, that are well above the ordinary in quality and extent. Many, moreover, are located on oceans, lakes, or large manmade reservoirs. As such, they possess resources of recreational appeal that afford an opportunity for a wide-ranging and varied program of recreational activities, including wilderness use when suitable environments permit.

Accordingly, the wilderness use and management policies of the Service for wilderness lands in the National Parks are different in significant respects from the wilderness use and management policies of the service for national recreation areas. Of course, it should be noted these are administrative policies. When Congress designates wilderness lands within recreation areas of the National Park System for inclusion in the National Wilderness Preservation System, it may prescribe such policies, standards, and criteria for their use and management as it deems advisable.

ADMINISTRATIVE POLICIES

Management Facilities, Practices, and Uses
Only those structures, management practices, and uses necessary for management and preservation of the wilderness qualities of an area will be permitted. These would include, but need not be limited to, patrol cabins and limited facilities associated with saddle-and-pack stock control.

Fire Control
Wildlife will be controlled as necessary to prevent unacceptable loss of wilderness values, loss of life, damage to property, and the spread of wildfire to lands outside the wilderness: Use of fire lookout towers, fire roads, tool caches, aircraft, motorboats, and motorized fire-fighting equipment would be permitted for such control.

Insect and Disease Control
Such control may be undertaken only with the approval of the Director. The measure of control will depend on a determination of whether the insects or diseases are causing the complete alteration of an environment which is expected to be preserved, but controls will generally be limited to disaster conditions which threaten whole ecosystems. Any controls instituted will be those which will be most direct for the target insect or disease and which will have minimal effects upon other components of the ecosystems of which the wilderness is composed.

Rescue and Other Emergency Operations
In emergency situations involving the health and safety of persons and to meet recognized management needs, use of aircraft, motorboats, or other motorized or mechanical equipment will be permitted. (See also Aircraft Operation, p. 45, Resource and Visitor Use Policy section.)

Regulation of Excess Wildlife Population
(See Fish and Wildlife Management Policy section. p. 23.)

Non-native Plants and Animals
Non-native species of plants and animals will be eliminated where it is possible to do so by approved methods which will preserve wilderness qualities. (See also Exotic Plant Species, p. 20, Resource Management Policy section; and Exotic Species of Animals, p. 27, Fish and Wildlife Management Policy section.)

Research
The Service, recognizing the scientific value of wilderness areas as natural outdoor laboratories, encourages those kinds of research and data gathering which require such areas for their accomplishment. The Service will establish reasonable limitations to control the size of the areas which may be used for varying types of research projects within recreation area wilderness, and projects exceeding those limitations must be approved by the Director. (See also Research Station Policy section, p. 39.)

Fishing
(See Public Hunting and Fishing, p. 27, Fish and Wildlife Management Policy section; Water Oriented Recreation, p. 44, Resource and Visitor Use Policy section.)

Visitor Use Structures and Facilities
Primitive trails for foot and horse travel are acceptable. Narrow trails which blend into the landscape will be allowed in wilderness with footbridges and horsebridges where they are essential to visitor safety. Stock-holding corrals or discreetly placed drift fences will be permissible if needed in the interest of protection of wilderness values. No improvements will be permitted that are primarily for the comfort and convenience of visitors, such as developed campgrounds and picnic facilities. However, trailside shelters may be permitted where they are needed for the protection of wilderness values.

Boating
Boating, except with motorboats and airboats, is an acceptable use of wilderness. (See also Water Oriented Recreation, p. 44, Resource and Visitor Use Policy section.)

Commercial Services
Saddle and pack stock and guided boat trips in water areas are acceptable uses, but the number, nature, and extent of these services will be carefully controlled through regulations and permits so as to protect the wilderness values. (See also Concessions and Concessioners, p. 45, Resource and Visitor Use Policy section.)

Mining and Prospecting
Mining and/or prospecting, under lease or otherwise, will be permitted where it is expressly authorized by statute; subject, however, to such reasonable regulations governing ingress, egress, exploration, operations, and restoration as may be prescribed by the Secretary to protect wilderness values. (See also Mineral Exploration and Mineral Leasing, p. 22, Resource Management Policy section.)

Inholdings
Unless acquisition by the United States is assured, privately owned lands or lands having privately owned interests therein, will be excluded from the area classified as wilderness. As these privately owned lands, or interests therein are acquired or otherwise extinguished, the lands will be proposed for designation as wilderness if they otherwise meet the criteria for such areas. (See also Land and Water Rights Acquisition Policy section, p. 28.)

Water Development Projects
Where the unit has not been withdrawn from the jurisdiction of the Federal Power Commission, or otherwise withdrawn from entry for water development and use, or where water development projects are expressly authorized by statute, such projects—including the prospecting for water resources, the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities essential to the development and use thereof—may be authorized, subject to such reasonable regulations governing ingress, egress, exploration, operations, and restoration as may be prescribed by the Secretary to protect wilderness values.

Grazing
Where expressly authorized by statute or established as a use prior to the establishment of the recreation area, grazing may be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary to protect wilderness values. (See also Grazing and Agricultural Uses, p. 21, Resource Management Policy section.)

Timber Harvesting
No timber harvesting will be permitted, except upon a finding by the Director that timber harvesting is necessary at a specific place to protect wilderness values from fire, insects, or diseases.

Hunting
(See Public Hunting and Fishing, p. 27, Fish and Wildlife Management Policy section.)

Motorized Equipment
The use of aircraft for airdrops or for other purposes, and the use of motorized trail vehicles, generators, and similar devices will not be permitted in recreation area wilderness, except as otherwise provided herein to meet the needs of management.

Roads and Utilities
Except as otherwise provided herein, public roads and utility line rights-of-way are not permitted. (See also Mining and Prospecting, p. 52, and Water Development Projects, this page.)