[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 365

 A bill to provide recreational snowmobile access to certain units of 
           the National Park System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

  Mr. Thomas introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 A bill to provide recreational snowmobile access to certain units of 
           the National Park System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This act may be cited as the ``National Park Service Winter Access 
Act''.

SEC. 2. SNOWMOBILES.

    (a) Findings.--(1) Recreational snowmobile use within units of the 
National Park System is an established, traditional, and legitimate 
means of visitor use and enjoyment of these public lands when conducted 
in a manner that does not adversely affect or impair park resources and 
values.
    (2) The snowmobile manufacturers and the Environmental Protection 
Agency will be working to establish emissions standards for a new 
generation of snowmobiles. This new generation of machines will be 
cleaner and quieter and should be available to the public within five 
years.
    (3) Cleaner, quieter snowmobiles may provide the public with a 
greater opportunity to enjoy the National Park System in a manner that 
is consistent with park resources and values.
    (b) Interim Park Operations.--(1) As is consistent with the Act 
entitled, ``An Act to establish a National Park Service, and for other 
purposes,'' approved August 25, 1916 (16 U.S.C. 1 et seq.), in the 
following units of the National Park System where snowmobile use 
occurred or was authorized as of January 1, 2000, such use shall 
continue restricted to levels of no less than the average wintertime 
use and activity over the last three winters. This use can be subject 
to other reasonable regulations governing such use existing as of 
January 1, 2000, including emergency closure authority:
            Acadia National Park, Maine
            Black Canyon of the Gunnison National Park, Colorado
            Crater Lake National Park, Oregon
            Grand Teton National Park, Wyoming
            Mount Rainier National Park, Washington
            North Cascades National Park, Washington
            Olympic National Park, Washington
            Rocky Mountain National Park, Colorado
            Sequoia National Park, California
            Kings Canyon National Park, California
            Theodore Roosevelt National Park, North Dakota
            Voyageurs National Park, Minnesota
            Yellowstone National Park, Idaho, Montana, Wyoming
            Zion National Park, Utah
            Appalachian National Scenic Trail, Multi-States
            Saint Croix National Scenic River, Wisconsin, Minnesota
            Pictured Rocks National Seashore, Michigan
            Cedar Breaks National Monument, Utah
            Dinosaur National Monument, Colorado, Utah
            Grand Portage National Monument, Minnesota
            Blue Ridge Parkway, North Carolina, Virginia
            John D. Rockefeller, Jr. Parkway, Wyoming
            Herbert Hoover National Historic Site, Iowa
            Perry's Victory National Historic Site, Ohio
            Bighorn Canyon National Recreation Area, Montana, Wyoming
            Curecanti National Recreation Area, Colorado
            Delaware Water Gap National Recreation Area, New Jersey, 
        Pennsylvania
            Lake Chelan National Recreation Area, Washington
            Ross Lake National Recreation Area, Washington
    (2)(A) Notwithstanding subsection (b)(1), and consistent with other 
applicable laws, the Secretary has the authority, if necessary to 
address or avert significant environmental impacts in a particular unit 
or portion of a unit, to restrict snowmobile use the activity down to a 
level that is no less that 50 percent below the three year average 
level established under subsection (b)(1). The restrictions shall apply 
to the smallest practical portion of the unit adequate to address the 
impacts.
    (B) Before restricting use and activity in this manner, the 
Secretary shall make a finding of significant environmental impact 
based on on-the-ground study in the affected unit or portion of the 
unit and sound, peer-reviewed scientific information applicable to that 
unit or portion of the unit. Within at least 90 days before finalizing 
such restrictions, the Secretary shall notify the Senate Committee on 
Energy and Natural Resources and the House Committee on Resources of 
its intent and provide the public with at least 30 days to comment on 
the proposal.
    (3) Consistent with other applicable law, the National Park Service 
may prohibit recreational snowmobile use within all units of the system 
not listed in subsection (b)(1).
    (c) Long-Term Program and Operations.--(1) Within two years after 
the enactment of this Act, the Environmental Protection Agency shall 
promulgate final national standards governing emissions by snowmobiles.
    (2) The Environmental Protection Agency may engage in negotiated 
rulemaking with the snowmobile manufacturers regarding this standard.
    (3) Taking into account noise reductions achieved in conjunction 
with the emissions standard described in subsection (c)(1), not later 
than five years following the date of enactment of this Act, the 
National Park Service, in conjunction with the Society of Automotive 
Engineers, shall set noise standards for snowmobile use in the National 
Park System.
    (d) Management Plans and Studies.--(1) The National Park Service is 
directed to prepare management plans to assure education and 
enforcement of regulations governing recreational snowmobile use within 
the system.
    (2) The National Park Service shall conduct new comprehensive 
studies to assess the impacts of recreational snowmobile use within the 
affected units of the system on park resources, visitor use and 
enjoyment, and adjacent communities. Among other things, these studies 
must include consideration of the EPA snowmobile emission standards, 
snowmobiles that are produced in response to those standards, and 
technological and other advances occurring or anticipated at that time. 
The conclusions derived from such studies shall be the basis for any 
proposed revised regulations and management plans to govern use of 
recreational snowmobiles within the units listed in subsection (b)(1) 
of this section.
    (3) Not later than four years following the date of enactment of 
this Act, the National Park Service shall prepare a Report to Congress 
concerning the proper use of snowmobiles for recreation in National 
Park System units. Among other things, this Report shall consider the 
impact of the snowmobiles compliant with the emission standards set in 
subsection (c)(1) on wildlife, the environment, and other relevant 
factors.
    (4) Not later than five years after the date of enactment of this 
Act, and based upon the findings of the Report to Congress described in 
subsection (d)(3) and other relevant information, the National Park 
Service shall propose revised regulations and management plans to 
govern use of recreational snowmobiles within the units listed in 
subsection (b)(1) of this Act.
    (5) No management plan or regulation developed in accordance with 
subsection (d)(4) shall permit the entry of snowmobiles that do not 
meet the emission and noise standards described in subsections (c)(1) 
and (c)(3), respectively, into the units of the National Park System 
described in section (b)(1) of this Act.
    (e) Savings Clause.--Nothing herein is intended to affect the 
provisions of Public Law 96-487, including but not limited to, Section 
1110(a).
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