[Congressional Record Volume 147, Number 22 (Thursday, February 15, 2001)]
[Senate]
[Pages S1503-S1505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS:
  S. 365: A bill to provide recreational snowmobile access to certain 
units of the National Park System, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. THOMAS. Mr. President, I rise today to introduce a bill to 
provide recreational snowmobile access to certain units of the National 
Park System, and for other purposes.
  Recently many of my constituents in and around Yellowstone and Grand 
Teton National Parks witnessed the bureaucracy exercise its powers and 
run roughshod over those who disagreed with its findings.
  For years, the National Park Service managed and encouraged 
recreational snowmobiling in Yellowstone and Grand Teton National Parks 
and on the adjacent John D. Rockefeller, Jr. Memorial Parkway, 
providing thousands of Americans an opportunity to enjoy the winter 
wonders of the Yellowstone plateau and the majestic surrounding 
countryside.
  Instead of continuing this reasonable approach to winter access, or 
constructively addressing perceived adverse issues; The Clinton 
administration hijacked the National Park Service effort to update 
Yellowstone's winter use management plan; corrupted the environmental 
impact statement process; cut off meaningful participation by 
cooperating states, local communities and citizens; disregarded 
critical facts and science, and injected new anti-snowmobile 
alternatives into the process at the last moment.
  In short, federal land managers cast aside their statutory duties and 
obligations and instead accepted interpretations of law twisted to 
stage a grand political gesture--the banning of snowmobiles from 
National Parks, including Yellowstone and Grand Teton.
  Snowmobiles often come under fire from those who suspect that the 
machines degrade air and water quality, despite the fact that 
scientists were unable to produce or confirm any resource degradation 
in the recent environmental impact study conducted by the National Park 
Service. In this regard, I have met personally with the presidents and 
CEO's of the four major snowmobile manufacturers. They have informed 
me, that as soon as the Environmental Protection Agency issues emission 
standards, they can produce and market snowmobiles that meet or exceed 
the standards within three years.
  Mr. President, the industry only needs to have the emission standards 
set so that they can get on with their business. In fact, the 
Environmental Protection Agency, EPA, was in the process of creating 
standards; however, EPA employees were told to stand down by the 
President's appointees until the Yellowstone scenario was played out. 
They did not want to be confused by the facts nor did they desire to 
constructively address the perceived problems.
  Headlines were more important than people as well as the economic 
viability of small communities and businesses in Idaho, Montana and 
Wyoming. Press reports were more important than providing winter 
visitors continued access to their parks.
  The bureaucrats did decide that the ``snowcoach only no other 
snowmachine'' scenario is the only way people should enjoy, experience 
and view the majesty that winter brings to the Yellowstone region.
  The ``snowcoach only'' scenario is unfortunately another bureaucratic 
snafu. No one considered that today's snowcoach is mechanically 
unreliable and it lacks the speed necessary to see much of the park in 
a day. While the snowcoach may be the correct and preferred mode of 
transportation for some, it is not for many. Telling local businessmen 
that more comfortable, more reliable snowcoaches will be developed in 
the next few years at taxpayer expense serves absolutely no purpose. I 
know of no such budget request or plan and I know of no one willing to 
invest in such a risky scheme.
  I do know that a viable alternative for winter access is possible. 
More importantly, access can be attained in an environmentally sound 
manner. It is not an issue that should be ignored. I doubt that the new 
rules and regulations will stand the scrutiny of our

[[Page S1504]]

court system. The International Snowmobile Manufacturer's Association 
and other parties have already filed suit against the Department of the 
Interior and the National Park Service challenging the government's 
arbitrary and capricious decision to reverse decades of traditional 
activity.
  In watching the progress and the mistakes made, along with the 
information and facts ignored, I believe there is a real possibility 
that the newly issued rules and regulations will be overturned.
  It is for this reason that I am introducing this legislation today. I 
believe that a proactive, constructive and environmentally sound 
approval to winter access to our parks needs to be discussed and 
implemented.
  This legislation, when enacted, will:
  (1) direct the EPA, within two years, to promulgate final national 
standards governing emissions by snowmobiles;
  (2) the National Park Service, in conjunction with the Society of 
Automotive Engineers, shall set noise standards for snowmobile use in 
the National Park System, and
  (3) not later than five years after the enactment of this act, the 
National Park Service will not allow a snowmachine to operate within 
the boundaries of a park that does not meet the new emission and noise 
standards.
  The measure also provides the Secretary with authorities to close 
portions of parks if damage to the resource can be shown and the bill 
requires comprehensive studies; which, to date, have not been 
completed, much less initiated. The studies will assess the impacts of 
recreational snowmobile use within the affected units of the System on 
park resources, visitor use and enjoyment, and adjacent communities.
  I am not suggesting that snowmachine users have unfettered access 
across park lands. Any use will be closely monitored and highly 
regulated. Some are unaware of the fact that currently snowmachines in 
parks are limited to the same established roadways used by hundreds of 
automobiles during the summer months. The users are not allowed to 
travel at will in parks as they are allowed on other federal lands.
  There will be some who will admit that cleaner, quieter machines are 
not that much different than the automobiles that tend to clog our park 
roadways from time to time. They would be correct, except that there 
are far fewer snowmachines visiting our parks than there are 
automobiles. They will point out; however, that snowmachines harass 
wildlife.
  Some of the folks at Yellowstone coined a phrase--``bison ping pong'' 
Evidently, there is a VCR tape that has been circulated showing two 
individuals on snowmobiles harassing a bison within the boundaries of 
Yellowstone National Park. I have not seen the tape and I cannot attest 
to its veracity.
  Currently, there are laws that make it a federal crime to engage or 
participate in such activities. The National Park Service has all of 
the powers and authorities it needs to address this management problem 
or illegal activity, if indeed, it exists. I would advocate, that 
anyone apprehended in a park engaged in this sort of illegal activity, 
should be prosecuted to the fullest extent of the law, and in addition 
to fines and jail time, their machines should be confiscated.
  The bottom line in the snowmobile debate is that with a little care, 
the program can be well managed, without causing damage to the park 
resources, including the wildlife therein.
  Finally, I am committed to work with my colleagues toward the passage 
of this legislation. I am willing to compromise where necessary and I 
am willing to listen to all sides of this issue. I firmly believe that 
we can reach resolution.
  The concept and management style which advocates the theory that 
there may be a problem with a particular activity, but we don't really 
know what the problem is--therefore the activity should be eliminated 
no matter who or what is inconvenienced, forced out of business, or 
denied access to our natural treasures--should not be allowed to 
continue unchecked.
  I am an avid supporter and protector of our National Park System. I 
firmly believe this winter use can be accommodated through good 
management, good science and a little common sense.
  I ask unanimous consent that the text of the bill, a synopsis of 
snowmobile regulations, and a section-by-section analysis be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 365

       Be it enacted by the Senate and the 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)(i) 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 and activity down to a level that is 
     no less than 50% 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.
       (ii) 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

[[Page S1505]]

     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 (g)(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 complaint 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.
       (i) 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).
                                  ____


                                Synopsis


                       Yellowstone National Park

       The regulation delineates a timeline that eliminates all 
     recreational snowmobile access by the end of the 2003-04 
     season. This prohibition will be implemented incrementally 
     over several years. Upon the effective date, February 21, 
     2001, the regulation designates established routes for 
     snowmobiles and snowcoaches, public safety and air pollution 
     restrictions for snowmobiles and snowcoaches, designated 
     periods of operation for snowcoaches, permit and license 
     requirements for snowmobile operators, and a prohibition on 
     snowplanes.
       Effective through the end of the 2001-2002 winter season, 
     the use of snowmobiles is limited to the unplowed roadway. 
     There are further restrictions on the routes available to 
     snowmobiles during the 2002-2003 winter season and there are 
     restrictions placed on what hours during the day that 
     snowmobiles may be operated. Additional restrictions during 
     this period include a daily limit on the number of 
     snowmobiles allowed to use the park each day, a requirement 
     for snowmobiles to be accompanied by a guide in groups of no 
     more than 11. By the end of the 2003-2005 winter season, the 
     use of snowmobiles in Yellowstone is prohibited.


               John D. Rockefeller, Jr., Memorial Parkway

       As in Yellowstone there are restrictions and requirements 
     that go into effect immediately, such as registration, 
     licensing, rules of the road, and restriction to keep 
     snowmobiles on designated routes. Effective until the end of 
     2001-2002 winter season use, snowmobiles are required to stay 
     on designated routes. Snowplanes are prohibited.
       During the 2002-2003 season there are specific routes 
     designated for snowmobile travel, limits on the numbers of 
     snowmobiles each day are imposed, and the hours of operation 
     are prescribed.
       The prohibition on all snowmobile use occurs one year 
     earlier than in Yellowstone, at the end of the 2002-2003 
     season.


                       Grand Teton National Park

       The regulations restricting snowmobile and snowplane use at 
     Grand Teton NP vary from those found at Yellowstone and the 
     John D. Rockefeller Memorial Parkway primarily to allow for 
     access across parklands and access to private lands within 
     the park. Recreational snowmobile use is eliminated entirely 
     from Grand Teton NP, except for snowmobile use over certain 
     designated routes and for specific purposes. Snowplane use is 
     allowed to continue under permit until the end of the 2001-
     2002 season.
       Upon the regulations effective date several public safety, 
     licensing, and registration requirements are imposed, there 
     is an exception on licensing for individuals accessing 
     private and adjacent public lands.
       The regulation specifies designated snowmobile routes that 
     are effective to the end of the 2001-2002 winter season most 
     of which follow unplowed roads. During the 2002-2003 winter 
     season only the Continental Divide Snowmobile Trail is 
     designated for snowmobile use. Effective winter use season of 
     2003-2004, the only snowmobile use is for reasonable and 
     direct access to adjacent public and private lands via 
     designated routes.
                                  ____


                      Section-by-Section Analysis

       Section 1 designates the Act's short title as the 
     ``National Park Service Winter Access Act.''
       Section 2(a) finds that snowmobile use in the National Park 
     System is an established, traditional, and legitimate means 
     of visitor use and enjoyment.
       Paragraph 2 finds that snowmobile manufacturers and the 
     Environmental Protection Agency will work together to 
     establish emission standards for a new generation of 
     snowmobiles which should be available in five years.
       Paragraph 3 states that cleaner and quieter snowmobiles may 
     provide the public the opportunity to enjoy the parks in a 
     manner consistent with park values.
       Subsection 2(b)(1) directs that until new emission 
     standards and the new generation snowmobiles are available, 
     the National Park Service will allow snowmobiles use to 
     continue at levels no less than the average wintertime use 
     and activity over the last three years. This subsection 
     designates 29 National Park Service areas where such use will 
     continue.
       Paragraph 2(b)(2)(i) allows the Secretary to restrict 
     snowmobile use and activity down to a level no less than 50% 
     below the three year average level to address or avert 
     significant environmental impacts. Such restrictions apply to 
     the smallest practical area to address the impact.
       Paragraph 2(b)(2)(ii) requires that before restricting 
     snowmobile activity, the Secretary must make a finding of 
     significant environmental impact and present these findings 
     to House and Senate Committees as well as give adequate 
     public notice.
       Paragraph 2(b)(3) allows the National Park Service to 
     prohibit snowmobile use in all areas not listed in paragraph 
     2(b)(1).
       Subsection 2(c) requires the EPA to promulgate national 
     standards on snowmobile emission.
       Paragraph 2 allows the Environmental Protection Agency to 
     engage in negotiated rulemaking with snowmobile manufacturers 
     on emissions standards.
       Paragraph 3 requires the National Park Service to set noise 
     standards for snowmobile use within five years of this act's 
     enactment, in conjunction with the Society of Automotive 
     Engineers.
       Subsection 2(d) directs the National Park Service to 
     complete management plans addressing education and 
     enforcement of regulations regarding recreational snowmobile 
     use in the National Park System.
       Paragraph 2 directs the National Park Service to conduct 
     new studies on the impacts of recreational snowmobile use in 
     the park system. The studies will consider the new EPA 
     standards and anticipated changes in technology.
       Paragraph 3 directs the National Park Service to prepare a 
     Report to Congress addressing the use of snowmobiles in 
     National Park Service units within four years of the act's 
     enactment.
       Paragraph 4 requires the National Park Service to propose 
     revised regulations governing the use of snowmobiles in units 
     affected by this act within five years of the enactment of 
     the act. These regulations should include a prohibition on 
     snowmobiles that do not meet established noise and emission 
     standards
       Subsection 2(e) states that nothing in this act will affect 
     the access provisions of the Alaska National Interest Lands 
     Act (PL 96-487).
                                 ______