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Issue: Whether recreational snowmobile usage should be
permanently banned from Yellowstone and Grand Teton National Parks
and the John D. Rockefeller, Jr. Memorial Parkway (hereinafter, the
"Park Units")?
Background: Prior to 2000, approximately 80,000
recreational snowmobiles were used by visitors to the Park Units,
resulting in air and water quality issues, disturbance to wildlife,
and negatively impacting a significant number of visitors who wished
to explore the majesty of a few of the finest natural places in this
country in peace and solitude. In 2000, the National Park Service
("NPS"), after years of study, environmental and economic
assessments and hundreds of thousands of public comments, banned the
use of snowmobiles in the Park Units by the winter of 2003-2004.
Subsequent to this decision, the snowmobile industry sued the Park
Service, demanding that they review new information on reductions to
snowmobile air emissions and sound output as well as any negative
financial repercussions from such a ban on the communities outlying
the Park Units. In settlement of this lawsuit, the NPS initiated a
Supplemental Environmental Impact Study ("SEIS") to consider these
limited issues. On May 28, 2002, RtE filed comments to the draft
SEIS, objecting to the use of snowmobiles in the Park Units on legal
and technical grounds and concluding that nothing in the new
information submitted by the snowmobile industry warranted a
reversal by the Park Service.
Despite receiving over 350,000 comments supporting the ban, the
NPS issued a new Record of Decision, overturning the ban and
then proceeded to undertake a Rulemaking to implement the recommendations
in the Record of Decision. On October 13, 2003, RtE filed detailed
comments in opposition to the proposed regulations. On December
11, 2003, the NPS issued a final regulation that implemented
the new Record of Decision, despite overwhelming opposition
to the proposed regulation expressed during the public comment
period. The final regulation allowed up to 1,140 snowmobiles
in the Park Units each day.
On December 16, 2003 a U.S. District Court judge issued a new ruling
related to winter use in Yellowstone (162KB pdf). This ruling invalidated the Bush administration's
plan to allow increased snowmobile use in the Park Units and
required that the NPS implement the November 2000 decision to
phase-out recreational snowmobiling in the Parks Units. On January
13, 2004, the U.S. Appeals Court for the District of Columbia
issued a per curiam order denying a stay of the December 16,
2003 decision of the District Court pending appeal.
On February 10, 2004, the U.S. District Court for the District
of Wyoming issued a temporary injunction against the tougher
2000 rules reinstated by the December 16, 2003 decision of the
D.C. District Court. The Wyoming District Court ordered the
NPS to issue temporary rules for the remainder of the 2003-2004
winter season, which ends March 31. The Court stated that restrictions
currently in place were causing irreparable harm to the local
economy.
As a result of the contradictory District Court cases, on August
20, 2004, the NPS issued a Temporary Winter Use Environmental
Assessment for the Parks along with a draft Finding of No Significant
Impact. Under this Temporary Use Plan, the NPS will allow up
to 720 snowmobiles to enter Yellowstone each day for the next
3 Winter Seasons. As many as 140 snowmobiles will be allowed
in Grand Teton and the John D. Rockefeller Memorial Highway
connecting the two parks. On Oct. 6, 2004, Rock the Earth filed
comments with the NPS opposing the Temporary Use Plan, arguing
that the NPS should have selected the alternative to ban snowmobiles
from the Parks, as was decided after thorough study and public
comment in 2000.
On March 27, 2007, the NPS issued a new DEIS, in essence, recommending
the adoption of the Temporary Use Plan as the new, preferred
alternative for a permanent Winter Use Plan for the Parks.
RtE Position: Our position is that snowmobiles should
be banned from the Park Units. Not only do snowmobiles devastate the
natural environment of these sacred places, but the emissions and
discharges from snowmobiles threaten both air and water quality.
Further, NPS mandates restrict uses that impair or interfere with
the atmosphere of peace and tranquility of the natural soundscapes
maintained in wilderness. The use of snowmobiles in the Park Units
violates federal law, regulations and NPS mandates and guidance.
Update:
On May 16, 2007, RtE filed formal comments with the NPS, urging
a reconsideration of a permanent plan that allows for continued
snowmobile use in the Park units. Rather, it is RtE's continued
position that based on law and science, the 2000 plan should
be adopted, eliminating snowmobiles from the Parks.
Links:
- RtE-Snowmobile Letter 5-16-2007
- Rock the Earth May 16, 2007 Comment Letter to the National
Park Service regarding the 2007 Draft Environmental Impact
Statement for the Yellowstone and Grand Teton National Parks
and John D. Rockefeller, Jr. Memorial Parkway.
- RtE-Snowmobile Letter 10-2004.pdf
- Rock the Earth October 6, 2004 Comment Letter to the National
Park Service regarding the Proposed Special Regulations Amending
36 CFR Part 7 (relating to Special Regulations, Areas of the
National Park System) for the Yellowstone and Grand Teton National
Parks and John D. Rockefeller, Jr. Memorial Parkway.
- RtE-SnowmobileLetter.doc
- Rock the Earth October 13, 2003 Comment Letter to the National
Park Service regarding the Proposed Special Regulations Amending
36 CFR Part 7 (relating to Special Regulations, Areas of the
National Park System) for the Yellowstone and Grand Teton National
Parks and John D. Rockefeller, Jr. Memorial Parkway.
- RtE-WinterUseLetter.doc
- Rock the Earth May 28, 2002 Comment Letter to the National
Park Service regarding the the Winter Use Plans, Supplemental
Environmental Impact Statement ("SEIS") for the Yellowstone and
Grand Teton National Parks and John D. Rockefeller, Jr. Memorial
Parkway.
- RtE-National Park-Winter Use Fact Sheet (PDF)
- National Park-Winter Use Fact Sheet prepared by Rock the Earth
- Yellowstone NP (pdf)
Grand Teton NP and John D. Rockefeller, Jr. Memorial
Parkway (pdf)
- February 11, 2004 Department of Interior Temporary
Regulations.
- http://www.nps.gov/yell/technical/planning/winteruse/plan/finalrule.pdf
- December 11, 2003, Regulation Implementing the Supplemental
Environmental Impact Statement.
- http://www.planning.nps.gov/document/yellrodwinteruse.pdf
- 2000 Winter Use Plan, Record of Decision, banning snowmobiles
from the Park Units.
- http://www.nps.gov/yell/planvisit/orientation/index.htm
- Yellowstone Interactive Map
- http://www.greateryellowstone.org/
- Greater Yellowstone Coalition
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