Federal Register: December 22, 2000 (Volume 65, Number 247)
DOCID: FR Doc 00-30998
DEPARTMENT OF THE INTERIOR
National Park Service
NOTICE: NOTICES
ACTION: Management and land protection plans; availability, etc.:
SUBJECT CATEGORY:
Record of Decision; Winter Use Plans for the Yellowstone and Grand Teton National Parks and John D. Rockefeller Jr., Memorial Parkway
DOCUMENT SUMMARY:
Responsible Official:
Dated: November 22, 2000.
Karen Wade,
Intermountain Regional Director, National Park Service.
Record of Decision
Winter Use Plans for Yellowstone and Grand Teton National Parks and the John D. Rockefeller Jr., Memorial Parkway
Table of Contents
The Decision
Decision
[[Page 80909]]
Actions and Assumptions Common to All Units
Actions Specific to Yellowstone National Park
Actions Specific to Grand Teton National Park and the Parkway
Definitions
Mitigation
Monitoring
Rationale for the Decision
Basis for the Decision
How Environmental Issues Were Considered and Addressed
Factors Other Than Environmental Consequences Considered in Making the Decision
Findings
Measures Taken To Avoid Environmental Harm
Public Involvement
Scoping
Summary of Public Scoping Comment
Major Issues
Issues or Concerns Not Addressed in the Plans/EIS
Federal Register Notices
Distribution of the Draft Environmental Impact Statement
Public Meetings/Hearings
Comments on the Draft Environmental Impact Statement
Public Response to the FEIS
Consultation
Cooperating Agencies
American Indian Tribes
State Historic Preservation Offices
U.S. Fish and Wildlife Service
Alternatives Considered
Alternative Development
Scope of Analysis in the FEIS
Alternatives
Comparison of Alternatives
Environmentally Preferred Alternative Information Contact
Attachment AMonitoring and Adaptive Management
Attachment BSummary of Public Comments on the FEIS
Record of Decision
Winter Use Plans for Yellowstone and Grand Teton National Parks and the John D. Rockefeller Jr., Memorial Parkway
The Decision
This decision made as a result of the Winter Use Plans Final Environmental Impact Statement (FEIS) for Yellowstone (YNP) and Grand Teton National Parks (GTNP) and the John D. Rockefeller Jr., Memorial Parkway (the Parkway) will guide winter use management in the three park units. The decision is to select a modified form of alternative G, as described and evaluated in the FEIS, with the changes to that alternative explained here. Elements of the decision are given in detail below as actions and assumptions common to all 3 units, actions specific to Yellowstone, actions specific to Grand Teton and the Parkway, mitigation, and monitoring. The maps for alternative G and the description of each management zone provided in the FEIS, while not duplicated in this Record of Decision, are features of this decision.
In order to implement portions of this decision, the National Park Service (NPS) will propose to amend its regulations at 36 CFR 7.13(l), 7.21(a), and 7.22(g). Although this decision is final for the purposes of this planning project, those elements that will go through the rule making process may be modified based on further public comments. Decision
The selected alternative emphasizes cleaner, quieter access to the parks using the technologies available today. Effective the winter of 20032004 and thereafter, it will allow oversnow motorized recreation access via NPSmanaged snowcoach only, with limited exceptions for continued snowmobile access to other public and private lands adjacent to or within GTNP. Until then, interim actions will progressively reduce the impacts from snowmobile use in the parks.
This decision addresses the full range of issues regarding safety,
natural resource impacts, and visitor experience and access. It
addresses the issues in a way that will make it necessary for local
economies to adapt, and for snowmobile users to access the parks using a different mode of transport.
Actions and Assumptions Common to All Units
Implementation
Regulation/Enforcement/Administration
[[Page 80910]]
resource protection, or other reasons as identified in 36 CFR 1.5 or 2.18.
Resource Protection
Visitor Use and Access
\1\ Note: The term ``NPS managed'' refers to permit management. In this case the mass transportation snowcoach system would be provided by private concessioners who operate under a permit from the NPS. Under the terms of the permit or concessions contract, the NPS may stipulate, among other items, the type of services to be offered, cost to the public, and number of visitors that may be served or transported. The NPS may require that the types of vehicles used meet certain environmental, accessibility and safety requirements. It is the responsibility of the NPS to monitor all services offered under permit to ensure that the public and the parks are being well served. These permits are generally offered for competitive bidding in limited numbers and are granted for a specific number of years.
\2\ Estimates of emissions for conventional vans converted for oversnow travel indicate that the emissions increase once the conversion is made. For this reason adherence to EPA regulations for similar wheeled vans is neither appropriate nor required.
Actions Specific to Yellowstone National Park
\3\ EO 11644, sections (3) and (4).
Actions Specific to Grand Teton National Park and the Parkway
snowmobiles).\4\
\4\ 16 U.S.C. 406d1, et seq.
\5\ Termination of plowing from Colter Bay to Flagg Ranch is contingent upon the winterization of facilities at Colter Bay and expiration and reissuance of a concession contract associated with Flagg Ranch. The present contract expires in 2009. See Actions and Assumptions Common to All Units, second bullet under Implementation.
\6\ This provision is contingent upon the termination of plowing from Colter Bay to Flagg Ranch.
\7\ EO 11644, sections (3) and (4).
Definitions
[[Page 80912]]
Wyoming, and Gardiner and West Yellowstone, Montana.
Mitigation
Mitigation beyond the actions described in the decision is
necessary to reduce disclosed impacts to a level that meets legal
requirements, or that is otherwise acceptable within the framework of
regulations, executive orders or policies. The following measures are
necessary to further mitigate impacts of this decision during the interim period before full implementation and thereafter.
Air Quality
Water Resources
Wildlife, Including Federally Protected Species and Species of Special Concern
Cultural Resources
Interim Snowmobile Use Limits
During the winter of 20002001 snowmobile use will continue to be allowed under existing regulations. This deviates from the FEIS since regulations on use limits will not be finalized until near the end of that winter season or later. Making a change during that season would not provide enough notice to visitors, many of whom would have already made plans to visit the parks before any limits could be finalized.
Table 1.Interim Caps on Snowmobiles in Yellowstone (YNP), Rockefeller Parkway (JDRMP) and Grand Teton (GTNP) Historic average 20012002 Peak 20022003 Daily Road segments daily use day limits limits YNP North Entrance........................................ 41 60 60 YNP West Entrance......................................... 555 1030 278 YNP East Entrance......................................... 37 100 65 JDRMP Flagg Ranch to YNP South Entrance................... 176 330 90 JDRMP Grassy Lake Road.................................... 25 40 25 JDRMP Flagg Ranch to GTNP Moran Junction.................. 25 70 25 GTNP Jackson Lake......................................... 30 30 0 GTNP Teton Park Road...................................... 11 20 0 GTNP MooseWilson Road.................................... 3 10 0 *Implementation of this limit is to ensure that use does not exceed the historic averages for use on the busiest peak days and the level of impact associated with it. Use fluctuates daily, increasing especially during certain holiday periods. Use caps should act to allow such fluctuations, since this is the nature of business and visitation. This is why the peak use day represents a cap, to allow the business pattern to continue. It is not the intent of this cap to allow peak use numbers to occur every day. If this were to occur then levels would be exceeded overall, and additional impacts would be incurred. It is the intent of this cap to replicate the pattern and amount of use that has been established over an average of seven years.
Monitoring
In order to assess the longterm effects of management actions on park resources and values resource inventory, monitoring and adaptive management are incorporated into this decision. The key resources and values potentially impacted by winter recreation use in the three park units are air quality, wildlife, sound,\8\ water resources, safety, and visitor experience. Attachment A outlines specific indicators for monitoring these resources and values. The indicators will be monitored to ensure protection of natural resources and park values and evaluate management success. The selected alternative also includes adaptive management provisions. It provides for systematic feedback to park management and allows for adjustment of activities to mitigate unplanned or undesirable outcomes. Procedures, indicators, standards and potential management actions for adaptive management are also presented in Attachment A.
Monitoring programs will be coordinated among the parks. The programs will function and be coordinated through the planning staffs of the parks. The development of annual plans and reports will be coordinated through the planning units, and the planning units will be responsible for delivering those products. Actual monitoring responsibilities for park personnel will be assigned through annual plans.
Monitoring programs will be conducted on a sampling basis for the purpose of effective use of funds and personnel. It is expected that initial monitoring will be intensive, both in geographic and temporal extent, so that correlations can be made and results can be extrapolated. It is also expected that monitoring over time will become less intensive and arrive at a low intensity, maintenance level. Sampling schedules can vary from year to year, focusing on different areas within the park units.
U.S. EPA expressed concerns about the actions that would be taken if NPS does not have sufficient funds to monitor winter use in accordance with the adaptive management part of this decision. Actions affecting park values for which there are no defined standards, such as odor, sound or visitor satisfaction, are subject to an adaptive management approach. If continuing problems are indicated relative to such impacts, but there are not sufficient funds for focused monitoring and evaluation of those problems, emergency management actions will be implemented to eliminate the impact pending the attainment of funds. \8\ NPS Director's Order #47 provides guidance for inventory and monitoring procedures necessary to preserve the natural soundscape. NPS77 provides guidance for monitoring and inventory of other natural resources elements.
Rationale for the Decision
This section provides the reasons for selecting FEIS alternative G as the decision and the basis for winter use plans in the three park units. In arriving at this decision, I have considered the detailed analysis of effects in the FEIS for a range of alternative plans that would govern winter use. I have considered how each alternative responds to the purpose and need for action, to improve existing conditions in the parks and move them toward a desired condition that is implicit in NPS mandates. In doing so, I considered the impacts for each alternative program and weighed them against affirmative direction for protecting park resources and values, and their enjoyment by future generations, from adverse impacts or impairment. I also considered the degree to which each alternative would enhance the condition of resources or values and their enjoyment. Other considerations include socioeconomic impacts, effects on lands adjacent to the three parks, the plans or desires articulated by local communities and nonfederal governments, and the full body of public comments on the draft EIS. All these considerations are presented below as they contribute to the decision.
The fundamental basis for the decision is the direction provided in
laws, regulations, executive orders and policies (mandates) that relate
to human uses of the parks and their effect on park resources and
values. This basis is overlain by the analysis of effects on park
resources and values disclosed in the FEIS. Then, conclusions or
findings are made about the alternatives and their effects in relation
to the key mandates regarding adverse impacts and impairment. Other considerations are incorporated into the discussion.
Basis for the Decision
Law
The fundamental purpose of the national park system established by
the Organic Act and reaffirmed by the General Authorities Act, as
amended, begins with a mandate to conserve park resources and values.
This mandate is independent of the separate prohibition on impairment
and applies all the time, with respect to all park resources and [[Page 80914]]
values, even when there is no risk that any park resources or values
may be impaired. NPS managers must always seek ways to avoid, or to
minimize to the greatest degree practicable, adverse impacts on park
resources and values. The laws give the NPS the discretion to allow
some impacts to park resources and values when appropriate and
necessary to fulfill the purposes of a park as long as that impact does not constitute impairment.
The Organic Act mandate includes providing for the enjoyment of park resources and values by the people of the United States. The mandate applies not just to the people who visit the parksbut to all the peopleincluding those who derive inspiration and knowledge from afar. NPS policies acknowledge that providing opportunities for public enjoyment is a fundamental part of the NPS mission. While the policies permit recreation and other activities, including NPS management activities, they may be allowed only when they will not cause an impairment or derogation of a park's resources, values or purposes. Recognizing that the enjoyment of the national parks by future generations can be assured only if the quality of park resources and values is left unimpaired, Congress has provided that when there is a conflict between conserving resources and values and providing for enjoyment of them, conservation is to be the primary concern.\9\ \9\ The Redwood Act of March 27, 1978 serves as the basis for any judicial resolution of competing private and public values and interests in the national park system, and affirms the primary consideration of conserving, unimpaired, park resources and values. Regulation
Snowmobiling (specifically) may be allowed only where it is
consistent with the park's natural, cultural, scenic and aesthetic
values, safety considerations, park management objectives, and will not disturb wildlife or damage park resources.\10\
\10\ 36 CFR 2.18 Snowmobiles.
Executive Orders
Areas and trails for off road vehicle use shall be located in areas
of the national park system only if the agency head determines that off
road vehicle use in such locations will not adversely effect their
natural, aesthetic or scenic values. Use will be controlled or directed
to protect the resources, promote safety, and minimize conflicts among
various users of those lands. Also, the agency head shall monitor the
effects of such use that may be authorized, and upon that information
they shall from time to time amend or rescind designations, or take
other actions to eliminate adverse impacts.\11\ If the agency
determines that the use of offroad vehicles (including snowmobiles)
will cause or is causing considerable adverse effects on the soil,
vegetation, wildlife, wildlife habitat, such areas shall immediately be closed to that use.\12\
\11\ EO 11644, Use of OffRoad Vehicles on Public Lands, Federal Register, Vol 37, page 2877, No. 27Wed. February 9, 1972.
\12\ EO 11989, Off Road Vehicles on Public Lands, Federal Register, Vol 42, page 26959 No: 101Wed. May 25, 1977.
Interpretation of Policy
Impairment is an impact that, in the professional judgment of the
responsible NPS manager, would harm the integrity of park resources or
values, including the opportunities that otherwise would be present for
the enjoyment of those resources or values. Impairment may occur from visitor use or park management activities.\13\
\13\ Directors Order #55, September 8, 2000, as amended November 17, 2000.
NPS Director's Order # 55 define the terms ``resources and values''
as the park's scenery, natural and historic objects, and wildlife,
including, to the extent present in the park: The ecological,
biological and physical processes that created the park and that
continue to act upon it; scenic features; natural visibility (both in
daytime and at night); natural landscapes; natural soundscapes \14\ and
smells; water and air resources; soil; geological resources;
paleontological resources; archeological resources; cultural
landscapes; ethnographic resources; historic and prehistoric sites,
structures, and objects; museum collections; and native plants and
animals. The park's resources and values also include the opportunity
for enjoyment of these resources, to the extent that can be done
without impairing them. The term also includes the park's role in
contributing to the national dignity, the high public value and
integrity, and the superlative environmental quality of the national
park system, and the benefit and inspiration provided to the American
people by the national park and any additional specific purposes for
which a park was established. An impact is more likely to constitute an
impairment to the extent that it affects a resource or value whose conservation is:
\14\ NPS Director's Order #47 articulates operational policies
requiring the protection, maintenance or restoration of the natural
soundscape resource in a condition unimpaired by inappropriate noise
sources. Inappropriate noise is that generated by activities at a
level described as excessive, which impacts the park's natural
soundscapes and jeopardizes the natural resources or the purposes for which the park was created.
The 1988 NPS Management Policies state that the National Park Service will seek to perpetuate the best possible air quality in parks because clean air is critical to visitor enjoyment, human health, scenic vistas, and the preservation of natural systems and cultural resources. The policies also recognize that many natural resources, including water and wildlife, are sensitive to air pollution. Additionally, NPS must err on the side of protecting air quality and related values if there is doubt as to the impacts on park resources of existing or potential air pollution.\15\ NPS also has recognized that it must preserve the natural quiet and the natural sounds associated with the physical and biological resources of the parks. Managers must monitor sounds and take actions to prevent or minimize unnatural sounds that adversely affect park resources or values and visitors' enjoyment of them.
\15\ 1988 NPS Management Policies, Chapter 4
The 1988 NPS management policies \16\ also recognize that the NPS Organic Act directs the agency to provide for the public enjoyment of parks while leaving resources unimpaired for future generations. The policies mandate that the use of parks will be resourcebased and nonconsumptive of resources. To the extent practicable, the NPS will encourage people to come to the parks and to pursue inspirational, educational, and recreational activities related to the resources found in the parks. NPS must manage visitor use and, as necessary, regulate the amount and kind, and the time and place, of visitor activities. \16\ 1988 NPS Management Policies, Chapter 8
NPS must encourage recreational activities that are consistent with
applicable legislation, that promote visitor enjoyment of park
resources through a direct association or relation to those resources
so long as those uses are consistent with the protection of the
resources and are compatible with other visitor uses. NPS must manage
recreational use to protect park resources, provide for public
enjoyment, promote public safety, and minimize conflicts with other
visitor activities and park uses. Finally, unless the activity is required by statute, NPS will not allow
[[Page 80915]]
a recreational activity in a park if it would involve or result in:
Public use of a park is an important reason for the creating and sustaining the national park system. In developing the winter use plan and environmental impact statement, the goal of the parks was to provide for a winter use experience to a wide range of people, not just to the most physically fit. Given the mandate of the Organic Act, to preserve and provide for public enjoyment, some level of adverse impact from visitor use during the winter is acceptable, if the parks mitigate the impacts to the greatest extent practicable. Should future monitoring disclose that the impacts are too much for the resources to sustain, it will be appropriate to further restrict winter visitor use in the parks.
How Environmental Issues Were Considered and Addressed
Considering present winter use activities, the key management concerns and objectives relating to park resources and values are: Air quality, wildlife (especially ungulates), natural soundscapes, and opportunities for visitor experience (of these resources and values, including scenic quality and aesthetics). Related concerns that are key elements in the desired condition are the safety of employees and visitors, and access for purposes of park enjoyment. Finally, there is an issue regarding how local, private commercial industries have developed to serve visitors and facilitate their enjoyment of the parks.
Natural Resources
The analysis of natural resource/environmental consequences for a range of alternatives shows clearly that there are overall adverse impacts associated with snowmobile use in the parks, even when some areas are closed to that use. Snowmobile use at current levels adversely affects wildlife, air quality, and natural soundscapes and natural odors. Further, it adversely impacts the enjoyment of those values and resources by other visitors. The impact on people who may visit the three parks once or twice in a lifetime, and who seek the resources and values for which the parks were created, may be adversely and irretrievably affected.
Elimination of these impacts is most easily and effectively accomplished by eliminating snowmobile use. Holding use at current levels under all alternatives but G would allow documented adverse impacts of snowmobiles to continue. The level of adverse impact varies by resource or value, and by alternative, but it is demonstrated to be more than negligible and often moderate when considered cumulatively over the three park units. Locally, the impact can be major. The effect on resources and values is demonstrated to impact the enjoyment of those resources by other visitors. Mitigation of the impacts of snowmobiles, as proposed in the different alternatives, is insufficient to reduce the impacts to a level deemed acceptable within the constraints of the law, regulations, executive orders and policies presented as the basis for this decision. Reduction of numbers of snowmobiles is problematic because carrying capacity studies are left to the future, and adverse impacts would continue until capacities are determined and effectively implemented.
Other winter uses and means of access also produce impacts. Cross country skiing and other nonmotorized forms of recreation are shown to impact wildlife. Since there are areas that can be identified as critical to bison and other ungulates, mitigation as proposed in some alternatives effectively reduces or eliminates the impairment. Snowplane use, though limited to Jackson Lake, has a dominant and unmitigated impact on the natural soundscape.
The use of snowcoaches on groomed roads is demonstrated to impact
wildlife, air quality, and natural soundscapes. However, mass transit
snowcoach use effectively mitigates the closure of parks to snowmobiles
and results in much less traffic while allowing winter access for
current levels of visitation. Snowcoaches would impact resources or
values, or the enjoyment of them (at the current level of visitation)
at least a magnitude lower than with snowmobile access. Adverse impacts
of an NPS managed snowcoach system on wildlife, as in alternative G, would occur at low and mitigable levels.
Factors Other Than Environmental Consequences Considered in Making the Decision
Safety and Access
Safety issues are related to access issues. Modes of access and volumes of traffic are primary factors. Presently unsafe conditions can be improved, as proposed in several alternatives, by separating different uses and modes of transport, by eliminating wheeled vehicle use in places, and by eliminating large volumes of oversnow motorized use especially where ungulates use groomed surfaces. Safety would be most improved where a number of these measures are combined, as in alternatives F and G. All alternatives hypothesize impacts on the basis of motorized oversnow access at current use levels. However, there are different mixes of snowcoach, snowplane, and snowmobile use, distributed differently through the range of alternatives. In some areas, snowmobiles operate on groomed trails in the same locale as nonomotorized visitors, wheeled vehicles and large ungulates. Therefore, there is a risk that continued snowmobile use would result in accidents and is unsafe. In some places, the volume of wheeled vehicle traffic during the wintermuch of which is associated with snowmobile stagingresults in a higher rate of accidents. This represents a situation that must be remedied. The selected alternative eliminates the source of most safety concerns, snowmobile use, as well as wheeled vehicle use on a plowed road that currently has a high winter accident rate (Highway 89/287 from Colter Bay to Flagg Ranch). Discontinued plowing of the route from Colter Bay to Flagg Ranch would also convert Flagg Ranch to an oversnow destination. This would provide a new opportunity of that nature, similar to that available at Old Faithful in Yellowstone's interior. Opportunities for developing winter recreation around Flagg Ranch are abundant. There is a perception that not plowing the road would make a snowcoach trip from Colter Bay to Old Faithful too long. Flagg Ranch, as a destination, allows people the opportunity to break this trip up if they are unwilling or unable to make the trip to Old Faithful in one day.
Economic Impacts on Local Communities
The impacts of any alternative on economies beyond the gateway
communities are generally negligible. Gateway communities are affected
in different alternatives by entrance closure or area closure (D and F), or
[[Page 80916]]
closure to snowmobiles and change in allowable modes of motorized
access (B, C and G). Economically, West Yellowstone is most affected
through the range of alternatives because that community is most
directly tied to access via snowmobile. Not coincidentally, the West
Entrance to Old Faithful is the most adversely impacted oversnow route in the threeunit area.
Consistency With Land Use Plans, Policies or Controls for Adjacent Lands
Impacts on adjacent lands for all alternatives are described on
pages 434474 in the FEIS. There are concerns about how any reduction
in snowmobile use within the three parks would translate into increased
use on national forest lands in particular. The Forest Service, a
cooperating agency, indicates that alternative G could result in
conditions that would necessitate amendments to forest plans because
snowmobile use on those lands is at the highest tolerance level
permissible. My determination is that use on national forests is likely
not to increase.\17\ Further, the forests have provided no convincing
evidence or monitoring data to support their concerns, or to support
that the need to revisit their forest plans does not already exist. I
consider that the period of three years being allowed for a transition
to snowcoaches only in the parks will facilitate the monitoring of
recreational snowmobile use on public lands (national forests) in the
Greater Yellowstone Area. I agree that such monitoring is necessary to
develop a baseline for gauging the impacts of future winter management
changes on public lands, and resources therein. Therefore, this is part of the rationale for allowing a threeyear phase in period.
\17\ I believe the analysis indicating that decreased use in the
parks would result in decreased use generally in the Greater
Yellowstone Area, thereby reducing use on forests not increasing it, is sound.
Potentially affected States and counties were involved as cooperating agencies in the preparation of this EIS (see pages 1618 in the FEIS). Through the process, these entities identified no issues concerning conflicts with any land use plans, policies or controls that may exist. Any such impacts are inferred in the analysis (FEIS pages 434435). Concerns expressed by the cooperators are twofold. On the one hand, they are concerned about increased use on adjacent lands resulting from the parks' decision, and how it would affect other public lands, wildlife habitat, and currently groomed snowmobile trail systems. On the other hand, they are concerned that the decision would devastate local economies by drastically reducing snowmobile use and visitation to the area. These positions are in conflict. My assessment is: first, that snowmobile use is likely to decrease, or at least not increase, on adjacent lands; and second, that snowcoach access to the parks will invigorate local entrepreneurs in marketing a special (albeit different) park experience. As explained elsewhere, the effect of alternative G on local economies is expected to be of shortterm durationmitigated by provisions for implementation over time and allowing communities and businesses to adapt.
Public Comments on the Draft EIS
Comments on the draft EIS are discussed explicitly in the public
participation section of this record of decision. The vast majority of
the comments did not substantively address the merits of the EIS
analysis. Many comments assisted NPS in clarifying or otherwise
improving the disclosure of impacts in the FEIS (as documented in FEIS
Volume III). Most comments (94%) expressed some preference for winter
use management that resembled some alternative evaluated in the draft
EIS. I wish to make clear that, although it is not the primary
rationale for this decision, the public expression of preference is
certainly a factor that I considered. The public's preference in the
large body of comment was evenly divided between those who clearly
wished for continued snowmobile use and those who felt that snowmobiles
should not be allowed in the parks. Four percent of those who commented
indicated there should be no motorized use or grooming of winter routes
in the parks. The overwhelming negative reaction to the preferred
alternative B in the draft EIS, which would have plowed the road from
West Yellowstone to Old Faithful, was a factor in considering a new preferred alternative for the final EIS.
Findings
Park Values and Resources
The use of snowmobiles and snowplanes at present levels harms the integrity of the resources and values of these three parks, and so constitutes an impairment of the resources and values, which is not permissible under the NPS Organic Act. In YNP, the impairment is the result of the impacts from snowmobile use on air quality, wildlife, the natural soundscape, and opportunities for enjoyment of the park by visitors. In GTNP, the impairment is the result of the impacts from snowmobile and snowplane use on the natural soundscape and opportunities for enjoyment of the park by visitors. In the Parkway, the impairment is the result of impacts form snowmobile use on air quality, the natural soundscape, and opportunities for enjoyment of the park.
Under the NPS Organic Act, the NPS may not allow the impairment of park resources and values, and when there is an impairment, the NPS must eliminate it. The combination of actions provided for in this Record of Decision will eliminate the impairment in GTNP following the winter of 20012002, and in YNP and the Parkway following the winter of 2002.
We have also determined that the snowmobile use now occurring is inconsistent with the requirements of the Clean Air Act (in the case of YNP and the Parkway), Executive Orders 11644 and 11989, the NPS's general snowmobile regulations, and NPS management objectives for the parks. We have determined that the snowplane use occurring in GTNP is inconsistent with Executive Orders 11644 and 11989 and NPS management objectives for the parks.
We have determined that the snowcoach use that will occur in YNP and the Parkway under this decision, and the snowmobile use that will continue in GTNP in the winter of 20022003 and thereafter is consistent with the requirements of Executive Orders 11644 and 11989 and the NPS's general snowmobile regulations.
There is no current means of mitigation, aside from a reduction of numbers unsupported by a carrying capacity analysis, that assures recreation snowmobile use impacts could be reduced, predictably and soon, to a level that does not impair and adversely impact these resources and values.
Snowmobile use for official administrative or emergency purposes in the three park units is specifically allowed under the regulations and executive orders cited herein as the basis for the decision. Incidental amounts of snowmobile use in GTNP for purposes of winter access to inheld private lands or to adjacent public lands as provided under the establishment legislation for the park.\18\ These are not recreation uses, per se, that are the subject of analysis in the FEIS. \18\ EO 11644, sections (3) and (4), and 16 USC 406d1, et seq.
Clean, quiet and odorless snowmobiles are not available at present.
Even with technical advances in snowmobiles, the impacts of snowmobile
use on wildlife, especially ungulates using groomed routes, [[Page 80917]]
constitutes disturbance and harassment at a time when individual
animals are particularly challenged for survival. The continued use of
snowmobiles as provided in the alternatives studied other than
alternative G is found to be inconsistent with the health and integrity
of resources existing in the three park units. Continued use hinders
the enjoyment of resources and values for which the parks were created,
most notably natural soundscapes, clean and clear air, and undisturbed wildlife in a natural setting.
The social and economic impacts of the elimination of most snowmobile use in the parks can be mitigated to a high degree by providing oversnow access using mass transit snowcoaches. Considering the analysis of alternatives, there is a clear magnitude of difference between the impacts of snowmobiles and the impacts of snowcoaches on natural resource values and the opportunities to enjoy them. This rationale supports the selection of alternative G.
The use of groomed routes by snowcoaches adversely affects wildlife, air quality, natural soundscapes, and the opportunity to enjoy those values, as disclosed in the FEIS, although the adverse effects are negligible to minor. These impacts are found not to impair those values and opportunities. This is due to the overall decrease in impacts to a level described as negligiblewith greatly decreased volumes of traffic and consequent decreases in odor, noise, and pollutants. The area within the three park units that would be available for use without audible motorized sound would be maximized using snowcoach access. An NPS managed mass transit snowcoach system would assertively implement available technologies for further reducing the amount of sound and pollution created. It would assertively implement schedules and strategies and controls for minimizing impacts on wildlife due to use of groomed surfaces. Additionally, because operators of snowcoaches will be familiar with park roadways and trained in appropriate techniques for mitigating the effects of vehiclewildlife encounters the potential for wildlife harassment will be minimized.
Skiing and other nonmotorized uses adversely affect wildlife, particularly bison, elk, moose, and bighorn sheep. Backcountry use, in particular, stresses these ungulates at a time when their energy reserves are low. In areas adjacent to high use nonmotorized routes animals may adapt to regular passage by humans using a predictable route. Nonmotorized trail use therefore has fewer adverse impacts than does unrestricted backcountry use. Therefore by limiting nonmotorized use in certain winter habitats to designated routes, adverse impacts of nonmotorized use are suitably reduced. Where the impacts of nonmotorized travel on wildlife cannot be suitably mitigated through route restrictions critical winter range will be closed. With this mitigation, limited nonmotorized use is found to be consistent with park resources and values, and it facilitates their enjoyment. FEIS alternative G closes certain important winter wildlife habitat to nonmotorized use, and limits use in other areas to designated trails and routes only.
Safety and Access
The analysis shows that impacts on safety of visitors and employees are associated with snowmobile use. It is found that current use by snowmobiles represents a risk to health and safety. This risk is mitigated to the highest degree in alternative G. Risks associated with NPS managed snowcoach systems are negligible, since there would be greater controls over speed, time of operation, driver training and experience, and the volume of traffic on the route. In addition, this system offers access to the public that is equivalent in numbers to current use. In doing so, the parks would be accessible to a larger population of young, elderly, and disabled visitors.
Economic Impacts on Local Communities
It has been found that snowmobile use as currently constituted, and as evaluated in the range of alternatives, adversely impacts and impairs park resources and values. Therefore, the use must be discontinued in order to meet the primary mandates, regulations and policies of the national park service. This has clear economic impacts on all the local, gateway communities, permittees and concessions that are highly dependent upon winter snowmobile use in the parks. However, the greatest impact on these communities would be closing the parks to winter motorized access entirely. Alternative G offers an opportunity for the same level of access that currently exists, while improving opportunities for people who cannot or choose not to ride snowmobiles. It is found that the cessation in the future of plowing a portion of the southern route into YNP, in addition to improving safety, would create additional opportunities for people to enjoy a destination winter area (Flagg Ranch) using oversnow transport.
Due to economic impacts (as disclosed in the FEIS), measures are incorporated into the implementation features of alternative G to allow communities, permittees and concessioners time to adapt. Considering the economic impacts, three years are to be allowed for conversion to an NPS managed snowcoach system, and existing concession contracts will be honored until they expire. During the first year, snowmobile use will be continue under existing regulations. During the second year of implementation, snowmobile use will be subject to daily limits based on historic peak day use, to avoid the occurrence of days with even higher use than in the past. Then, one more year of snowmobile use, at approximately 50% of current levels, will be allowed. This affords snowmobile operators three years to take advantage of existing technology for snowcoaches, to realize the investment they presently have in snowmobiles, and to market new opportunities. NPS will produce an implementation plan as soon as possible to develop the details of snowcoach transport in the parks. This plan will be developed in coordination with gateway communities, concessioners and permittees in order to insure successful implementation of the alternative. NPS will also work with these entities to develop and implement a new marketing strategy for winter recreation in the parks.
Additional measures will be used to reduce impacts to the degree possible during the interim period. This mitigation includes, but is not limited to, the following measures (see also the actions and mitigation sections of the decision, above).
During the interim period, snowmobile and snowplane use will be monitored and managed in a manner that prevents or mitigates local impacts to the greatest extent practicable;
Ranger patrols will be increased to facilitate monitoring as well as detection and onthespot handling of impacts particularly for wildlife disturbance.
Park concessions will be required to mitigate impacts on air quality by selling only biofuels and synthetic lubes inside the park;
Snowmobile tour guides shall receive additional training in appropriate methods of avoiding wildlife disturbance, and park personnel will assertively provide similar information to all other users. Prohibit late night oversnow travel.
In the third year of the phasein period, all recreation snowmobile users in YNP must be accompanied by a permitted guide and travel in group
SUMMARY:
Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway; winter use plans; record of decision,
DOCUMENT BODY 2:
Responsible Official:
Dated: November 22, 2000.
Karen Wade,
Intermountain Regional Director, National Park Service.
Record of Decision
Winter Use Plans for Yellowstone and Grand Teton National Parks and the John D. Rockefeller Jr., Memorial Parkway
Table of Contents
The Decision
Decision
[[Page 80909]]
Actions and Assumptions Common to All Units
Actions Specific to Yellowstone National Park
Actions Specific to Grand Teton National Park and the Parkway
Definitions
Mitigation
Monitoring
Rationale for the Decision
Basis for the Decision
How Environmental Issues Were Considered and Addressed
Factors Other Than Environmental Consequences Considered in Making the Decision
Findings
Measures Taken To Avoid Environmental Harm
Public Involvement
Scoping
Summary of Public Scoping Comment
Major Issues
Issues or Concerns Not Addressed in the Plans/EIS
Federal Register Notices
Distribution of the Draft Environmental Impact Statement
Public Meetings/Hearings
Comments on the Draft Environmental Impact Statement
Public Response to the FEIS
Consultation
Cooperating Agencies
American Indian Tribes
State Historic Preservation Offices
U.S. Fish and Wildlife Service
Alternatives Considered
Alternative Development
Scope of Analysis in the FEIS
Alternatives
Comparison of Alternatives
Environmentally Preferred Alternative Information Contact
Attachment AMonitoring and Adaptive Management
Attachment BSummary of Public Comments on the FEIS
Record of Decision
Winter Use Plans for Yellowstone and Grand Teton National Parks and the John D. Rockefeller Jr., Memorial Parkway
The Decision
This decision made as a result of the Winter Use Plans Final Environmental Impact Statement (FEIS) for Yellowstone (YNP) and Grand Teton National Parks (GTNP) and the John D. Rockefeller Jr., Memorial Parkway (the Parkway) will guide winter use management in the three park units. The decision is to select a modified form of alternative G, as described and evaluated in the FEIS, with the changes to that alternative explained here. Elements of the decision are given in detail below as actions and assumptions common to all 3 units, actions specific to Yellowstone, actions specific to Grand Teton and the Parkway, mitigation, and monitoring. The maps for alternative G and the description of each management zone provided in the FEIS, while not duplicated in this Record of Decision, are features of this decision.
In order to implement portions of this decision, the National Park Service (NPS) will propose to amend its regulations at 36 CFR 7.13(l), 7.21(a), and 7.22(g). Although this decision is final for the purposes of this planning project, those elements that will go through the rule making process may be modified based on further public comments. Decision
The selected alternative emphasizes cleaner, quieter access to the parks using the technologies available today. Effective the winter of 20032004 and thereafter, it will allow oversnow motorized recreation access via NPSmanaged snowcoach only, with limited exceptions for continued snowmobile access to other public and private lands adjacent to or within GTNP. Until then, interim actions will progressively reduce the impacts from snowmobile use in the parks.
This decision addresses the full range of issues regarding safety,
natural resource impacts, and visitor experience and access. It
addresses the issues in a way that will make it necessary for local
economies to adapt, and for snowmobile users to access the parks using a different mode of transport.
Actions and Assumptions Common to All Units
Implementation
Regulation/Enforcement/Administration
[[Page 80910]]
resource protection, or other reasons as identified in 36 CFR 1.5 or 2.18.
Resource Protection
Visitor Use and Access
\1\ Note: The term ``NPS managed'' refers to permit management. In this case the mass transportation snowcoach system would be provided by private concessioners who operate under a permit from the NPS. Under the terms of the permit or concessions contract, the NPS may stipulate, among other items, the type of services to be offered, cost to the public, and number of visitors that may be served or transported. The NPS may require that the types of vehicles used meet certain environmental, accessibility and safety requirements. It is the responsibility of the NPS to monitor all services offered under permit to ensure that the public and the parks are being well served. These permits are generally offered for competitive bidding in limited numbers and are granted for a specific number of years.
\2\ Estimates of emissions for conventional vans converted for oversnow travel indicate that the emissions increase once the conversion is made. For this reason adherence to EPA regulations for similar wheeled vans is neither appropriate nor required.
Actions Specific to Yellowstone National Park
\3\ EO 11644, sections (3) and (4).
Actions Specific to Grand Teton National Park and the Parkway
snowmobiles).\4\
\4\ 16 U.S.C. 406d1, et seq.
\5\ Termination of plowing from Colter Bay to Flagg Ranch is contingent upon the winterization of facilities at Colter Bay and expiration and reissuance of a concession contract associated with Flagg Ranch. The present contract expires in 2009. See Actions and Assumptions Common to All Units, second bullet under Implementation.
\6\ This provision is contingent upon the termination of plowing from Colter Bay to Flagg Ranch.
\7\ EO 11644, sections (3) and (4).
Definitions
[[Page 80912]]
Wyoming, and Gardiner and West Yellowstone, Montana.
Mitigation
Mitigation beyond the actions described in the decision is
necessary to reduce disclosed impacts to a level that meets legal
requirements, or that is otherwise acceptable within the framework of
regulations, executive orders or policies. The following measures are
necessary to further mitigate impacts of this decision during the interim period before full implementation and thereafter.
Air Quality
Water Resources
Wildlife, Including Federally Protected Species and Species of Special Concern
Cultural Resources
Interim Snowmobile Use Limits
During the winter of 20002001 snowmobile use will continue to be allowed under existing regulations. This deviates from the FEIS since regulations on use limits will not be finalized until near the end of that winter season or later. Making a change during that season would not provide enough notice to visitors, many of whom would have already made plans to visit the parks before any limits could be finalized.
Table 1.Interim Caps on Snowmobiles in Yellowstone (YNP), Rockefeller Parkway (JDRMP) and Grand Teton (GTNP) Historic average 20012002 Peak 20022003 Daily Road segments daily use day limits limits YNP North Entrance........................................ 41 60 60 YNP West Entrance......................................... 555 1030 278 YNP East Entrance......................................... 37 100 65 JDRMP Flagg Ranch to YNP South Entrance................... 176 330 90 JDRMP Grassy Lake Road.................................... 25 40 25 JDRMP Flagg Ranch to GTNP Moran Junction.................. 25 70 25 GTNP Jackson Lake......................................... 30 30 0 GTNP Teton Park Road...................................... 11 20 0 GTNP MooseWilson Road.................................... 3 10 0 *Implementation of this limit is to ensure that use does not exceed the historic averages for use on the busiest peak days and the level of impact associated with it. Use fluctuates daily, increasing especially during certain holiday periods. Use caps should act to allow such fluctuations, since this is the nature of business and visitation. This is why the peak use day represents a cap, to allow the business pattern to continue. It is not the intent of this cap to allow peak use numbers to occur every day. If this were to occur then levels would be exceeded overall, and additional impacts would be incurred. It is the intent of this cap to replicate the pattern and amount of use that has been established over an average of seven years.
Monitoring
In order to assess the longterm effects of management actions on park resources and values resource inventory, monitoring and adaptive management are incorporated into this decision. The key resources and values potentially impacted by winter recreation use in the three park units are air quality, wildlife, sound,\8\ water resources, safety, and visitor experience. Attachment A outlines specific indicators for monitoring these resources and values. The indicators will be monitored to ensure protection of natural resources and park values and evaluate management success. The selected alternative also includes adaptive management provisions. It provides for systematic feedback to park management and allows for adjustment of activities to mitigate unplanned or undesirable outcomes. Procedures, indicators, standards and potential management actions for adaptive management are also presented in Attachment A.
Monitoring programs will be coordinated among the parks. The programs will function and be coordinated through the planning staffs of the parks. The development of annual plans and reports will be coordinated through the planning units, and the planning units will be responsible for delivering those products. Actual monitoring responsibilities for park personnel will be assigned through annual plans.
Monitoring programs will be conducted on a sampling basis for the purpose of effective use of funds and personnel. It is expected that initial monitoring will be intensive, both in geographic and temporal extent, so that correlations can be made and results can be extrapolated. It is also expected that monitoring over time will become less intensive and arrive at a low intensity, maintenance level. Sampling schedules can vary from year to year, focusing on different areas within the park units.
U.S. EPA expressed concerns about the actions that would be taken if NPS does not have sufficient funds to monitor winter use in accordance with the adaptive management part of this decision. Actions affecting park values for which there are no defined standards, such as odor, sound or visitor satisfaction, are subject to an adaptive management approach. If continuing problems are indicated relative to such impacts, but there are not sufficient funds for focused monitoring and evaluation of those problems, emergency management actions will be implemented to eliminate the impact pending the attainment of funds. \8\ NPS Director's Order #47 provides guidance for inventory and monitoring procedures necessary to preserve the natural soundscape. NPS77 provides guidance for monitoring and inventory of other natural resources elements.
Rationale for the Decision
This section provides the reasons for selecting FEIS alternative G as the decision and the basis for winter use plans in the three park units. In arriving at this decision, I have considered the detailed analysis of effects in the FEIS for a range of alternative plans that would govern winter use. I have considered how each alternative responds to the purpose and need for action, to improve existing conditions in the parks and move them toward a desired condition that is implicit in NPS mandates. In doing so, I considered the impacts for each alternative program and weighed them against affirmative direction for protecting park resources and values, and their enjoyment by future generations, from adverse impacts or impairment. I also considered the degree to which each alternative would enhance the condition of resources or values and their enjoyment. Other considerations include socioeconomic impacts, effects on lands adjacent to the three parks, the plans or desires articulated by local communities and nonfederal governments, and the full body of public comments on the draft EIS. All these considerations are presented below as they contribute to the decision.
The fundamental basis for the decision is the direction provided in
laws, regulations, executive orders and policies (mandates) that relate
to human uses of the parks and their effect on park resources and
values. This basis is overlain by the analysis of effects on park
resources and values disclosed in the FEIS. Then, conclusions or
findings are made about the alternatives and their effects in relation
to the key mandates regarding adverse impacts and impairment. Other considerations are incorporated into the discussion.
Basis for the Decision
Law
The fundamental purpose of the national park system established by
the Organic Act and reaffirmed by the General Authorities Act, as
amended, begins with a mandate to conserve park resources and values.
This mandate is independent of the separate prohibition on impairment
and applies all the time, with respect to all park resources and [[Page 80914]]
values, even when there is no risk that any park resources or values
may be impaired. NPS managers must always seek ways to avoid, or to
minimize to the greatest degree practicable, adverse impacts on park
resources and values. The laws give the NPS the discretion to allow
some impacts to park resources and values when appropriate and
necessary to fulfill the purposes of a park as long as that impact does not constitute impairment.
The Organic Act mandate includes providing for the enjoyment of park resources and values by the people of the United States. The mandate applies not just to the people who visit the parksbut to all the peopleincluding those who derive inspiration and knowledge from afar. NPS policies acknowledge that providing opportunities for public enjoyment is a fundamental part of the NPS mission. While the policies permit recreation and other activities, including NPS management activities, they may be allowed only when they will not cause an impairment or derogation of a park's resources, values or purposes. Recognizing that the enjoyment of the national parks by future generations can be assured only if the quality of park resources and values is left unimpaired, Congress has provided that when there is a conflict between conserving resources and values and providing for enjoyment of them, conservation is to be the primary concern.\9\ \9\ The Redwood Act of March 27, 1978 serves as the basis for any judicial resolution of competing private and public values and interests in the national park system, and affirms the primary consideration of conserving, unimpaired, park resources and values. Regulation
Snowmobiling (specifically) may be allowed only where it is
consistent with the park's natural, cultural, scenic and aesthetic
values, safety considerations, park management objectives, and will not disturb wildlife or damage park resources.\10\
\10\ 36 CFR 2.18 Snowmobiles.
Executive Orders
Areas and trails for off road vehicle use shall be located in areas
of the national park system only if the agency head determines that off
road vehicle use in such locations will not adversely effect their
natural, aesthetic or scenic values. Use will be controlled or directed
to protect the resources, promote safety, and minimize conflicts among
various users of those lands. Also, the agency head shall monitor the
effects of such use that may be authorized, and upon that information
they shall from time to time amend or rescind designations, or take
other actions to eliminate adverse impacts.\11\ If the agency
determines that the use of offroad vehicles (including snowmobiles)
will cause or is causing considerable adverse effects on the soil,
vegetation, wildlife, wildlife habitat, such areas shall immediately be closed to that use.\12\
\11\ EO 11644, Use of OffRoad Vehicles on Public Lands, Federal Register, Vol 37, page 2877, No. 27Wed. February 9, 1972.
\12\ EO 11989, Off Road Vehicles on Public Lands, Federal Register, Vol 42, page 26959 No: 101Wed. May 25, 1977.
Interpretation of Policy
Impairment is an impact that, in the professional judgment of the
responsible NPS manager, would harm the integrity of park resources or
values, including the opportunities that otherwise would be present for
the enjoyment of those resources or values. Impairment may occur from visitor use or park management activities.\13\
\13\ Directors Order #55, September 8, 2000, as amended November 17, 2000.
NPS Director's Order # 55 define the terms ``resources and values''
as the park's scenery, natural and historic objects, and wildlife,
including, to the extent present in the park: The ecological,
biological and physical processes that created the park and that
continue to act upon it; scenic features; natural visibility (both in
daytime and at night); natural landscapes; natural soundscapes \14\ and
smells; water and air resources; soil; geological resources;
paleontological resources; archeological resources; cultural
landscapes; ethnographic resources; historic and prehistoric sites,
structures, and objects; museum collections; and native plants and
animals. The park's resources and values also include the opportunity
for enjoyment of these resources, to the extent that can be done
without impairing them. The term also includes the park's role in
contributing to the national dignity, the high public value and
integrity, and the superlative environmental quality of the national
park system, and the benefit and inspiration provided to the American
people by the national park and any additional specific purposes for
which a park was established. An impact is more likely to constitute an
impairment to the extent that it affects a resource or value whose conservation is:
\14\ NPS Director's Order #47 articulates operational policies
requiring the protection, maintenance or restoration of the natural
soundscape resource in a condition unimpaired by inappropriate noise
sources. Inappropriate noise is that generated by activities at a
level described as excessive, which impacts the park's natural
soundscapes and jeopardizes the natural resources or the purposes for which the park was created.
The 1988 NPS Management Policies state that the National Park Service will seek to perpetuate the best possible air quality in parks because clean air is critical to visitor enjoyment, human health, scenic vistas, and the preservation of natural systems and cultural resources. The policies also recognize that many natural resources, including water and wildlife, are sensitive to air pollution. Additionally, NPS must err on the side of protecting air quality and related values if there is doubt as to the impacts on park resources of existing or potential air pollution.\15\ NPS also has recognized that it must preserve the natural quiet and the natural sounds associated with the physical and biological resources of the parks. Managers must monitor sounds and take actions to prevent or minimize unnatural sounds that adversely affect park resources or values and visitors' enjoyment of them.
\15\ 1988 NPS Management Policies, Chapter 4
The 1988 NPS management policies \16\ also recognize that the NPS Organic Act directs the agency to provide for the public enjoyment of parks while leaving resources unimpaired for future generations. The policies mandate that the use of parks will be resourcebased and nonconsumptive of resources. To the extent practicable, the NPS will encourage people to come to the parks and to pursue inspirational, educational, and recreational activities related to the resources found in the parks. NPS must manage visitor use and, as necessary, regulate the amount and kind, and the time and place, of visitor activities. \16\ 1988 NPS Management Policies, Chapter 8
NPS must encourage recreational activities that are consistent with
applicable legislation, that promote visitor enjoyment of park
resources through a direct association or relation to those resources
so long as those uses are consistent with the protection of the
resources and are compatible with other visitor uses. NPS must manage
recreational use to protect park resources, provide for public
enjoyment, promote public safety, and minimize conflicts with other
visitor activities and park uses. Finally, unless the activity is required by statute, NPS will not allow
[[Page 80915]]
a recreational activity in a park if it would involve or result in:
Public use of a park is an important reason for the creating and sustaining the national park system. In developing the winter use plan and environmental impact statement, the goal of the parks was to provide for a winter use experience to a wide range of people, not just to the most physically fit. Given the mandate of the Organic Act, to preserve and provide for public enjoyment, some level of adverse impact from visitor use during the winter is acceptable, if the parks mitigate the impacts to the greatest extent practicable. Should future monitoring disclose that the impacts are too much for the resources to sustain, it will be appropriate to further restrict winter visitor use in the parks.
How Environmental Issues Were Considered and Addressed
Considering present winter use activities, the key management concerns and objectives relating to park resources and values are: Air quality, wildlife (especially ungulates), natural soundscapes, and opportunities for visitor experience (of these resources and values, including scenic quality and aesthetics). Related concerns that are key elements in the desired condition are the safety of employees and visitors, and access for purposes of park enjoyment. Finally, there is an issue regarding how local, private commercial industries have developed to serve visitors and facilitate their enjoyment of the parks.
Natural Resources
The analysis of natural resource/environmental consequences for a range of alternatives shows clearly that there are overall adverse impacts associated with snowmobile use in the parks, even when some areas are closed to that use. Snowmobile use at current levels adversely affects wildlife, air quality, and natural soundscapes and natural odors. Further, it adversely impacts the enjoyment of those values and resources by other visitors. The impact on people who may visit the three parks once or twice in a lifetime, and who seek the resources and values for which the parks were created, may be adversely and irretrievably affected.
Elimination of these impacts is most easily and effectively accomplished by eliminating snowmobile use. Holding use at current levels under all alternatives but G would allow documented adverse impacts of snowmobiles to continue. The level of adverse impact varies by resource or value, and by alternative, but it is demonstrated to be more than negligible and often moderate when considered cumulatively over the three park units. Locally, the impact can be major. The effect on resources and values is demonstrated to impact the enjoyment of those resources by other visitors. Mitigation of the impacts of snowmobiles, as proposed in the different alternatives, is insufficient to reduce the impacts to a level deemed acceptable within the constraints of the law, regulations, executive orders and policies presented as the basis for this decision. Reduction of numbers of snowmobiles is problematic because carrying capacity studies are left to the future, and adverse impacts would continue until capacities are determined and effectively implemented.
Other winter uses and means of access also produce impacts. Cross country skiing and other nonmotorized forms of recreation are shown to impact wildlife. Since there are areas that can be identified as critical to bison and other ungulates, mitigation as proposed in some alternatives effectively reduces or eliminates the impairment. Snowplane use, though limited to Jackson Lake, has a dominant and unmitigated impact on the natural soundscape.
The use of snowcoaches on groomed roads is demonstrated to impact
wildlife, air quality, and natural soundscapes. However, mass transit
snowcoach use effectively mitigates the closure of parks to snowmobiles
and results in much less traffic while allowing winter access for
current levels of visitation. Snowcoaches would impact resources or
values, or the enjoyment of them (at the current level of visitation)
at least a magnitude lower than with snowmobile access. Adverse impacts
of an NPS managed snowcoach system on wildlife, as in alternative G, would occur at low and mitigable levels.
Factors Other Than Environmental Consequences Considered in Making the Decision
Safety and Access
Safety issues are related to access issues. Modes of access and volumes of traffic are primary factors. Presently unsafe conditions can be improved, as proposed in several alternatives, by separating different uses and modes of transport, by eliminating wheeled vehicle use in places, and by eliminating large volumes of oversnow motorized use especially where ungulates use groomed surfaces. Safety would be most improved where a number of these measures are combined, as in alternatives F and G. All alternatives hypothesize impacts on the basis of motorized oversnow access at current use levels. However, there are different mixes of snowcoach, snowplane, and snowmobile use, distributed differently through the range of alternatives. In some areas, snowmobiles operate on groomed trails in the same locale as nonomotorized visitors, wheeled vehicles and large ungulates. Therefore, there is a risk that continued snowmobile use would result in accidents and is unsafe. In some places, the volume of wheeled vehicle traffic during the wintermuch of which is associated with snowmobile stagingresults in a higher rate of accidents. This represents a situation that must be remedied. The selected alternative eliminates the source of most safety concerns, snowmobile use, as well as wheeled vehicle use on a plowed road that currently has a high winter accident rate (Highway 89/287 from Colter Bay to Flagg Ranch). Discontinued plowing of the route from Colter Bay to Flagg Ranch would also convert Flagg Ranch to an oversnow destination. This would provide a new opportunity of that nature, similar to that available at Old Faithful in Yellowstone's interior. Opportunities for developing winter recreation around Flagg Ranch are abundant. There is a perception that not plowing the road would make a snowcoach trip from Colter Bay to Old Faithful too long. Flagg Ranch, as a destination, allows people the opportunity to break this trip up if they are unwilling or unable to make the trip to Old Faithful in one day.
Economic Impacts on Local Communities
The impacts of any alternative on economies beyond the gateway
communities are generally negligible. Gateway communities are affected
in different alternatives by entrance closure or area closure (D and F), or
[[Page 80916]]
closure to snowmobiles and change in allowable modes of motorized
access (B, C and G). Economically, West Yellowstone is most affected
through the range of alternatives because that community is most
directly tied to access via snowmobile. Not coincidentally, the West
Entrance to Old Faithful is the most adversely impacted oversnow route in the threeunit area.
Consistency With Land Use Plans, Policies or Controls for Adjacent Lands
Impacts on adjacent lands for all alternatives are described on
pages 434474 in the FEIS. There are concerns about how any reduction
in snowmobile use within the three parks would translate into increased
use on national forest lands in particular. The Forest Service, a
cooperating agency, indicates that alternative G could result in
conditions that would necessitate amendments to forest plans because
snowmobile use on those lands is at the highest tolerance level
permissible. My determination is that use on national forests is likely
not to increase.\17\ Further, the forests have provided no convincing
evidence or monitoring data to support their concerns, or to support
that the need to revisit their forest plans does not already exist. I
consider that the period of three years being allowed for a transition
to snowcoaches only in the parks will facilitate the monitoring of
recreational snowmobile use on public lands (national forests) in the
Greater Yellowstone Area. I agree that such monitoring is necessary to
develop a baseline for gauging the impacts of future winter management
changes on public lands, and resources therein. Therefore, this is part of the rationale for allowing a threeyear phase in period.
\17\ I believe the analysis indicating that decreased use in the
parks would result in decreased use generally in the Greater
Yellowstone Area, thereby reducing use on forests not increasing it, is sound.
Potentially affected States and counties were involved as cooperating agencies in the preparation of this EIS (see pages 1618 in the FEIS). Through the process, these entities identified no issues concerning conflicts with any land use plans, policies or controls that may exist. Any such impacts are inferred in the analysis (FEIS pages 434435). Concerns expressed by the cooperators are twofold. On the one hand, they are concerned about increased use on adjacent lands resulting from the parks' decision, and how it would affect other public lands, wildlife habitat, and currently groomed snowmobile trail systems. On the other hand, they are concerned that the decision would devastate local economies by drastically reducing snowmobile use and visitation to the area. These positions are in conflict. My assessment is: first, that snowmobile use is likely to decrease, or at least not increase, on adjacent lands; and second, that snowcoach access to the parks will invigorate local entrepreneurs in marketing a special (albeit different) park experience. As explained elsewhere, the effect of alternative G on local economies is expected to be of shortterm durationmitigated by provisions for implementation over time and allowing communities and businesses to adapt.
Public Comments on the Draft EIS
Comments on the draft EIS are discussed explicitly in the public
participation section of this record of decision. The vast majority of
the comments did not substantively address the merits of the EIS
analysis. Many comments assisted NPS in clarifying or otherwise
improving the disclosure of impacts in the FEIS (as documented in FEIS
Volume III). Most comments (94%) expressed some preference for winter
use management that resembled some alternative evaluated in the draft
EIS. I wish to make clear that, although it is not the primary
rationale for this decision, the public expression of preference is
certainly a factor that I considered. The public's preference in the
large body of comment was evenly divided between those who clearly
wished for continued snowmobile use and those who felt that snowmobiles
should not be allowed in the parks. Four percent of those who commented
indicated there should be no motorized use or grooming of winter routes
in the parks. The overwhelming negative reaction to the preferred
alternative B in the draft EIS, which would have plowed the road from
West Yellowstone to Old Faithful, was a factor in considering a new preferred alternative for the final EIS.
Findings
Park Values and Resources
The use of snowmobiles and snowplanes at present levels harms the integrity of the resources and values of these three parks, and so constitutes an impairment of the resources and values, which is not permissible under the NPS Organic Act. In YNP, the impairment is the result of the impacts from snowmobile use on air quality, wildlife, the natural soundscape, and opportunities for enjoyment of the park by visitors. In GTNP, the impairment is the result of the impacts from snowmobile and snowplane use on the natural soundscape and opportunities for enjoyment of the park by visitors. In the Parkway, the impairment is the result of impacts form snowmobile use on air quality, the natural soundscape, and opportunities for enjoyment of the park.
Under the NPS Organic Act, the NPS may not allow the impairment of park resources and values, and when there is an impairment, the NPS must eliminate it. The combination of actions provided for in this Record of Decision will eliminate the impairment in GTNP following the winter of 20012002, and in YNP and the Parkway following the winter of 2002.
We have also determined that the snowmobile use now occurring is inconsistent with the requirements of the Clean Air Act (in the case of YNP and the Parkway), Executive Orders 11644 and 11989, the NPS's general snowmobile regulations, and NPS management objectives for the parks. We have determined that the snowplane use occurring in GTNP is inconsistent with Executive Orders 11644 and 11989 and NPS management objectives for the parks.
We have determined that the snowcoach use that will occur in YNP and the Parkway under this decision, and the snowmobile use that will continue in GTNP in the winter of 20022003 and thereafter is consistent with the requirements of Executive Orders 11644 and 11989 and the NPS's general snowmobile regulations.
There is no current means of mitigation, aside from a reduction of numbers unsupported by a carrying capacity analysis, that assures recreation snowmobile use impacts could be reduced, predictably and soon, to a level that does not impair and adversely impact these resources and values.
Snowmobile use for official administrative or emergency purposes in the three park units is specifically allowed under the regulations and executive orders cited herein as the basis for the decision. Incidental amounts of snowmobile use in GTNP for purposes of winter access to inheld private lands or to adjacent public lands as provided under the establishment legislation for the park.\18\ These are not recreation uses, per se, that are the subject of analysis in the FEIS. \18\ EO 11644, sections (3) and (4), and 16 USC 406d1, et seq.
Clean, quiet and odorless snowmobiles are not available at present.
Even with technical advances in snowmobiles, the impacts of snowmobile
use on wildlife, especially ungulates using groomed routes, [[Page 80917]]
constitutes disturbance and harassment at a time when individual
animals are particularly challenged for survival. The continued use of
snowmobiles as provided in the alternatives studied other than
alternative G is found to be inconsistent with the health and integrity
of resources existing in the three park units. Continued use hinders
the enjoyment of resources and values for which the parks were created,
most notably natural soundscapes, clean and clear air, and undisturbed wildlife in a natural setting.
The social and economic impacts of the elimination of most snowmobile use in the parks can be mitigated to a high degree by providing oversnow access using mass transit snowcoaches. Considering the analysis of alternatives, there is a clear magnitude of difference between the impacts of snowmobiles and the impacts of snowcoaches on natural resource values and the opportunities to enjoy them. This rationale supports the selection of alternative G.
The use of groomed routes by snowcoaches adversely affects wildlife, air quality, natural soundscapes, and the opportunity to enjoy those values, as disclosed in the FEIS, although the adverse effects are negligible to minor. These impacts are found not to impair those values and opportunities. This is due to the overall decrease in impacts to a level described as negligiblewith greatly decreased volumes of traffic and consequent decreases in odor, noise, and pollutants. The area within the three park units that would be available for use without audible motorized sound would be maximized using snowcoach access. An NPS managed mass transit snowcoach system would assertively implement available technologies for further reducing the amount of sound and pollution created. It would assertively implement schedules and strategies and controls for minimizing impacts on wildlife due to use of groomed surfaces. Additionally, because operators of snowcoaches will be familiar with park roadways and trained in appropriate techniques for mitigating the effects of vehiclewildlife encounters the potential for wildlife harassment will be minimized.
Skiing and other nonmotorized uses adversely affect wildlife, particularly bison, elk, moose, and bighorn sheep. Backcountry use, in particular, stresses these ungulates at a time when their energy reserves are low. In areas adjacent to high use nonmotorized routes animals may adapt to regular passage by humans using a predictable route. Nonmotorized trail use therefore has fewer adverse impacts than does unrestricted backcountry use. Therefore by limiting nonmotorized use in certain winter habitats to designated routes, adverse impacts of nonmotorized use are suitably reduced. Where the impacts of nonmotorized travel on wildlife cannot be suitably mitigated through route restrictions critical winter range will be closed. With this mitigation, limited nonmotorized use is found to be consistent with park resources and values, and it facilitates their enjoyment. FEIS alternative G closes certain important winter wildlife habitat to nonmotorized use, and limits use in other areas to designated trails and routes only.
Safety and Access
The analysis shows that impacts on safety of visitors and employees are associated with snowmobile use. It is found that current use by snowmobiles represents a risk to health and safety. This risk is mitigated to the highest degree in alternative G. Risks associated with NPS managed snowcoach systems are negligible, since there would be greater controls over speed, time of operation, driver training and experience, and the volume of traffic on the route. In addition, this system offers access to the public that is equivalent in numbers to current use. In doing so, the parks would be accessible to a larger population of young, elderly, and disabled visitors.
Economic Impacts on Local Communities
It has been found that snowmobile use as currently constituted, and as evaluated in the range of alternatives, adversely impacts and impairs park resources and values. Therefore, the use must be discontinued in order to meet the primary mandates, regulations and policies of the national park service. This has clear economic impacts on all the local, gateway communities, permittees and concessions that are highly dependent upon winter snowmobile use in the parks. However, the greatest impact on these communities would be closing the parks to winter motorized access entirely. Alternative G offers an opportunity for the same level of access that currently exists, while improving opportunities for people who cannot or choose not to ride snowmobiles. It is found that the cessation in the future of plowing a portion of the southern route into YNP, in addition to improving safety, would create additional opportunities for people to enjoy a destination winter area (Flagg Ranch) using oversnow transport.
Due to economic impacts (as disclosed in the FEIS), measures are incorporated into the implementation features of alternative G to allow communities, permittees and concessioners time to adapt. Considering the economic impacts, three years are to be allowed for conversion to an NPS managed snowcoach system, and existing concession contracts will be honored until they expire. During the first year, snowmobile use will be continue under existing regulations. During the second year of implementation, snowmobile use will be subject to daily limits based on historic peak day use, to avoid the occurrence of days with even higher use than in the past. Then, one more year of snowmobile use, at approximately 50% of current levels, will be allowed. This affords snowmobile operators three years to take advantage of existing technology for snowcoaches, to realize the investment they presently have in snowmobiles, and to market new opportunities. NPS will produce an implementation plan as soon as possible to develop the details of snowcoach transport in the parks. This plan will be developed in coordination with gateway communities, concessioners and permittees in order to insure successful implementation of the alternative. NPS will also work with these entities to develop and implement a new marketing strategy for winter recreation in the parks.
Additional measures will be used to reduce impacts to the degree possible during the interim period. This mitigation includes, but is not limited to, the following measures (see also the actions and mitigation sections of the decision, above).
During the interim period, snowmobile and snowplane use will be monitored and managed in a manner that prevents or mitigates local impacts to the greatest extent practicable;
Ranger patrols will be increased to facilitate monitoring as well as detection and onthespot handling of impacts particularly for wildlife disturbance.
Park concessions will be required to mitigate impacts on air quality by selling only biofuels and synthetic lubes inside the park;
Snowmobile tour guides shall receive additional training in appropriate methods of avoiding wildlife disturbance, and park personnel will assertively provide similar information to all other users. Prohibit late night oversnow travel.
In the third year of the phasein period, all recreation snowmobile users in YNP must be accompanied by a permitted guide and travel in group