[Congressional Record Volume 148, Number 88 (Thursday, June 27, 2002)]
[Senate]
[Pages S6259-S6260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mrs. Boxer, Mrs. Clinton, Mr. 
        Lieberman, and Mr. Sarbanes):
  S. 2697. A bill to require the Secretary of the Interior to implement 
the final rule to phase out snowmobile use in Yellowstone National 
Park, John D. Rockefeller, Jr. Memorial Parkway, and Grant Teton 
National Park, and snowplane use in Grand Teton National Park; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, in Yellowstone National Park last winter, 
park rangers wore respirators. This isn't some kind of a joke, this is 
the truth. In Yellowstone National Park, the park rangers wore 
respirators because the air was so clouded and fogged with the 
pollution from snowmobiles that they had to do that to preserve their 
health.
  Ealier this week, the Bush administration decided to open Yellowstone 
and Grand Teton National Parks to snowmobile traffic. In doing so, they 
chose to ignore an avalanche of public comments that strongly supported 
the banning of snowmobiles in these two magnificent national parks. 
They chose pollution over protection.
  Mr. President, this isn't the first failing grade of this 
administration's environmental report card. I am sorry to say it 
probably won't be the last. It is, however, particularly disappointing 
in light of the Yellowstone National Park's importance to the American 
people.
  Today, I join with Senators Boxer, Clinton, and Lieberman to 
introduce the Yellowstone Protection Act to shield America's first 
national park from a relapse of damaging snowmobile traffic.
  Congressmen Rush Holt and Christopher Shays are introducing a similar 
bill in the House of Representatives today. I salute them for their 
bipartisan leadership on this most important issue.
  When Congress established the National Park Service, we directed it 
to ``conserve the scenery and the natural and historic objects and the 
wildlife'' of our parks ``unimpaired for the enjoyment of future 
generations.''
  Mr. President, I have given speeches talking about Government and the 
things we should be proud of. Near the top of the list every time is 
our national park system. We are the envy of the world with these 
magnificent parks, as well we should be. To think that people who work 
in the parks must wear respirators because of the smog caused by 
snowmobiles, that is hard to imagine.
  In January of 2001, the National Park Service did the right thing. 
Wisely, it adopted a rule to phase out snowmobile use in the park. 
After carefully studying the science, examining the law, and reviewing 
the comments of the American people, it determined--the Park Service 
did--that the use of snowmobiles was inconsistent with the mission of 
Yellowstone National Park.
  Yet despite that historic decision and the overwhelming evidence that 
led to it, despite the science the EPA said was among the best it had 
ever seen, despite the support of over 80 percent of the people 
commenting on this issue, the National Park Service, under pressure 
from the administration and special interests, decided on Tuesday to 
roll back this commonsense rule.
  The Bush administration chose to ignore science, environmental laws, 
and public opinion.
  The Yellowstone Protection Act simply codifies the original National 
Park Service rule that would have banned snowmobiles in the park.
  Yellowstone Park is the birthplace of our park system. Congress 
created the National Park Service to protect Yellowstone and other 
parks.
  Yellowstone Park should serve as a guiding light for our protection 
of natural resources, not as a canary in a coal mine.
  Today, we must act to protect Yellowstone just as our forefathers did 
in 1872, when they established this magnificent national park. They 
made a

[[Page S6260]]

farsighted decision to guarantee that each new generation would inherit 
a healthy and vibrant Yellowstone.
  This Congress must step forward to uphold what Congress began 130 
years ago.
  This legislation requires the management of Yellowstone and Grand 
Teton National Parks to be guided by law and informed by science, not 
dictated and directed by special interests.
  We have suffered through the work that has been done by the Bush 
administration with the environment--whether it is arsenic in the 
water, whether it is stopping children from having their blood tested 
for lead, whether it is making it easier for power generators to dump 
millions of tons of pollutants in the air, whether it is easing up on 
Superfund legislation, refusing to fund Superfund legislation--all 
these things you would think would be enough. But, no, it is not 
enough. Now they have to say that Smokey the Bear must wear a 
respirator. I think that is too much.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2697

       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 ``Yellowstone Protection 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The January 22, 2001, rule phasing out snowmobile use 
     in Yellowstone National Park, Grand Teton National Park, and 
     the John D. Rockefeller, Jr. Memorial Parkway was made by 
     professionals in the National Park Service who based their 
     decision on law, 10 years of scientific study, and extensive 
     public process.
       (2) An environmental impact statement that formed the basis 
     for the rule concluded that snowmobile use is impairing or 
     adversely impacting air quality, natural soundscapes, 
     wildlife, public and employee health and safety, and visitor 
     enjoyment. According to the Environmental Protection Agency, 
     the environmental impact statement had ``among the most 
     thorough and substantial science base that we have seen 
     supporting a NEPA document''.
       (3) The National Park Service concluded that snowmobile use 
     is violating the mission given to the agency by Congress--to 
     manage the parks ``in such manner and by such means as will 
     leave them unimpaired for the enjoyment of future 
     generations''. The National Park Service also found that 
     snowmobile use is ``inconsistent with the requirements of the 
     Clean Air Act, Executive Orders 11644 and 11989 [by 
     Presidents Nixon and Carter, relating to off-road vehicle use 
     on public lands], the NPS's general snowmobile regulations 
     and NPS management objectives for the parks''.
       (4) In order to maintain winter visitor access, the Park 
     Service outlined a plan to use the already existing mode of 
     winter transportation know as snowcoaches, which are mass 
     transit, oversnow vehicles similar to vans. The final rule 
     states that a snowcoach transit system ``would reduce adverse 
     impacts on park resources and values, better provide for 
     public safety, and provide for public enjoyment of the park 
     in winter''.
       (5) The National Park Service Air Resources Division 
     determined that despite being outnumbered by automobiles 16 
     to 1 during the course of a year, snowmobiles produce up to 
     68 percent of Yellowstone's carbon monoxide pollution and up 
     to 90 percent of the park's annual hydrocarbon emissions.
       (6) Noise from snowmobiles routinely disrupts natural 
     sounds and natural quiet at popular Yellowstone attractions. 
     A February 2000 ``percent time audible'' study found 
     snowmobile noise present more than 90 percent of the time at 
     8 of 13 sites.
       (7) In Yellowstone's severe winter climate, snowmobile 
     traffic regularly disturbs and harasses wildlife. In October 
     2001, 18 eminent scientists warned the Secretary of the 
     Interior that ``ignoring this information would not be 
     consistent with the original vision intended to keep our 
     national parks unimpaired for future generations''. National 
     Park Service regulations allow snowmobile use only when that 
     use ``will not disturb wildlife . . .'' (36 CFR 2.18(c)).
       (8) At Yellowstone's west entrance, park rangers and fee 
     collectors suffer from symptoms of carbon monoxide poisoning 
     due to snowmobile exhaust. According to National Park Service 
     records, in December 2000, a dozen park employees filed 
     medical complaints citing sore throats, headaches, lethargy, 
     eye irritation, and tightness in the lungs. Their supervisor 
     requested more staff at the west entrance, not because of a 
     need for additional personnel to cover the work there, but so 
     the supervisor could begin rotating employees more frequently 
     out of the ``fume cloud'' for the sake of their health. In 
     2002, for the first time in National Park history, rangers 
     were issued respirators to wear while performing their 
     duties.
       (9) The public opportunity to engage in the environmental 
     impact study process was extensive and comprehensive. During 
     the 3-year environmental impact study process and rulemaking, 
     there were 4 opportunities for public consideration and 
     comment. The Park Service held 22 public hearings in regional 
     communities such as West Yellowstone, Cody, Jackson, and 
     Idaho Falls, and across the Nation. The agency received over 
     70,000 individual comments. At each stage of the input 
     process, support for phasing out snowmobiles grew, 
     culminating in a 4-to-1 majority in favor of the rule in 
     early 2001. More recently, 82 percent of those commenting 
     wrote in favor of the National Park Service decision to phase 
     out snowmobile use in the parks.

     SEC. 3. FINAL RULE CODIFIED.

       Beginning on the date of the enactment of this Act, the 
     Secretary of the Interior shall implement the final rule to 
     phase out snowmobile use in Yellowstone National Park, the 
     John D. Rockefeller Jr. Memorial Parkway, and Grand Teton 
     National Park, and snowplane use in Grand Teton National 
     Park, as published in the Federal Register on January 22, 
     2001 (66 Fed. Reg. 7260-7268). The Secretary shall not have 
     the authority to modify or supersede any provision of that 
     final rule.
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