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

  • Unless otherwise noted, the parks will implement all actions the winter following the Record of Decision (ROD) for the winter use plans and EIS. Actions requiring a change in regulations will be implemented once the new regulations are effective.
  • If it can be demonstrated sufficiently for NPS to determine that an implemented action has affected or would substantially affect a concession operation prior to the expiration of its contract, the action will be implemented only through negotiation or when a new contract is awarded.
  • NPS will develop a detailed snowcoach implementation plan in coordination with gateway communities, concessioners and winter permittees.
  • NPS will coordinate with gateway communities, concessioners and winter permittees and state tourism program resources on a new marketing strategy designed to facilitate winter visitation by snowcoach.
  • Allow a planning and implementation period of 3 (three) years.
  • In the winter of 20002001, snowmobile and snowplane use will continue under current regulations. This is a departure from alternative G. This change is made because the implementation of changes in snowmobile and snowplane use that require new regulations could not be made until the 20002001 season is nearly over. Waiting until 20012002 to set new limits on snowmobile and snowplane use will afford ample public notice of the new limits.
  • In the winter of 20002001, actions that do not require regulations (such as increasing ranger patrols to reduce the disturbance of wildlife) will be undertaken to reduce the impacts from snowmobile use.
  • In the winters of 20012003, existing commercial snowcoach operators will be encouraged to increase their fleet size, and snowmobile and other new operators will be encouraged to purchase or lease coaches and reduce snowmobile numbers.
  • In 20012002, daily limits will be set on snowmobile and snowplane use so that daily use levels cannot increase above the average peak day use levels of recent years, as shown in table 1, below.
  • In 20022003, daily limits will be set to limit total recreational snowmobile use to approximately 50% of the current average annual use levels at the South and West Entrances of YNP. Current snowmobile use levels will be maintained from the East and North Entrances of YNP. See table 1, below.
  • In 20022003 for GTNP and the Parkway eliminate snowmobile use on the Teton Park Road, all motorized use on Jackson Lake, and all other recreational snowmobile use except for that on the CDST, Grassy Lake Road, and access routes to adjacent public lands, with limits shown in table 1, below.
  • In 20032004 and thereafter, all oversnow motorized visitor travel in the parks will be by snowcoach, except for limited routes in GTNP that will remain open for snowmobile access to adjacent public or private lands and to private inholdings.
    Regulation/Enforcement/Administration
  • Several actions include possible road closures depending on the results of scientific studies. None of the actions preclude other closures for safety,
    [[Page 80910]]
    resource protection, or other reasons as identified in 36 CFR 1.5 or 2.18.
  • At present no Environmental Protection Agency (EPA) standards exist for offroad vehicles. If the EPA adopts standards or measurement methods for vehicle emissions and sound applicable to winter use in the parks, they will be implemented in accordance with EPA regulations.
  • Require all new oversnow vehicles purchased by the parks to conform to the best environmental standards available, and that other vehicles are retrofitted whenever possible with new technologies designed to lower sound and emission levels.
  • Increase the field presence of park rangers during the interim period before full implementation of snowcoach access to monitor, anticipate, detect and mitigate resource and wildlife impacts and to increase visitor safety.
    Resource Protection
  • Continue scientific studies and monitoring regarding winter visitor use and park resources. Close selected areas of the park, including sections of roads, to visitor use if scientific studies indicate that human presence or activities have a detrimental effect on wildlife or other park resources that could not otherwise be mitigated. The appropriate level of environmental assessment under NEPA will be completed for all actions as required by CEQ regulations (40 CFR parts 15001508).
  • Give a 1year notice before any closure is implemented unless immediate closure is deemed necessary to avoid impairment of park resources or to protect public safety.
  • Sand, or an equally environmentally neutral substance, will be used for traction on all plowed winter roads. Before spring opening, sand removal operations will continue on all plowed park roads.
  • Investigate and implement options to reduce the palatability and accessibility to wildlife of the hydraulic fluid used in snow groomers.
  • When snow depth warrants and at periodic intervals, routine plowing or grooming operations will include laying back roadside snowbanks that could be a barrier to wildlife exiting the road corridor.
    Visitor Use and Access
  • NPS will determine visitor use capacities based on studies that set indicators and standards for desired visitor experiences and resource conditions. The NPS will monitor indicators to maintain the conditions for each management prescription. If necessary, techniques such as reservations, permits, and differential fees will be implemented. See zone descriptions, monitoring table, and Appendix H (Recreation Carrying Capacity).
  • Continue to implement transition and action plans for accessibility and support the philosophy of universal access in the parks. The NPS will make reasonable efforts to ensure accessibility to buildings, facilities, programs, and services. The NPS will develop strategies to ensure that new and renovated facilities, programs and services (including those provided by concessioners) are designed, constructed, or offered in conformance with applicable policies, rules, regulations, and standards (including but not limited to the Architectural Barriers Act of 1968; the Americans with Disabilities Act of 1990 (ADA): the Uniform Federal Accessibility Standards of 1984 (UFAS); and the Guidelines for Outdoor Developed Areas of 1999).
  • Architectural and Site Access and Programmatic Access: The NPS will evaluate existing buildings and existing and new programs, activities, and services (including telecommunications and media) to determine current accessibility and usability by disabled winter visitors. Action plans to remove barriers will be developed.
  • This decision includes an affirmative commitment to implement strategies designed to provide a reasonable level of affordable access to winter park visitors.
  • Backcountry nonmotorized use will continue to be allowed throughout the parks except where designated otherwise for resource protection purposes (shown as Zone 11 or area of designated trail use on alternative map).
  • Other means of oversnow travel not foreseen in this Record of Decision must be specifically approved by the park superintendent.
  • In the third year of the interim period (20022003), snowmobiles in YNP must be accompanied by an NPS permitted guide and travel in groups of no more than 11 (including the guide). The superintendent will be authorized to also require groups and guides in GTNP and the Parkway.
  • In 20032004 and thereafter, permit only NPSmanaged mass transit snowcoaches on designated oversnow roads, other than for allowable administrative, emergency or other snowmobile access as specified in other actions in this document.\1\
    \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.
  • Through the permitting process phase out all oversnow vehicles that do not meet the best available environmental standards for oversnow mass transit travel. Currently, the mass transit oversnow vehicle that produces the lowest emissions is the conversion van mat track.\2\ Any oversnow mass transit system in the parks must be low emission, quiet, safe, affordable, accessible, and comply with the requirements of EO 11644.
    \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.
  • Allow mass transit snowcoaches only when their sound levels are at or below 75 decibels as measured on the Aweighted scale at 50 feet at full throttle. Continue to work with snowcoach manufacturers and operators to meet a longterm goal to lower snowcoach sound levels to 70 decibels or lower.
  • Prohibit late night oversnow travel from about 11 p.m. to 6 a.m. in 20002001, and thereafter from about 9 p.m. to 8 a.m., unless specifically authorized.
  • Implement an information program on snow and trail conditions, points of interest, and available recreational opportunities. Through partnerships, establish park visitor contact opportunities in gateway communities and utilize state tourism program resources.
    Actions Specific to Yellowstone National Park
  • In Yellowstone, the NPS will continue to allow the plowing of Highway 191 and will continue to plow the road from Mammoth to Tower and Tower to the Northeast Entrance (Cooke City) throughout the winter.
  • Grand Canyon of the Yellowstone and the McMinn Bench bighorn sheep area will continue to be closed to winter use.
  • Winter garbage storage facilities that are wildlifeproof will be constructed in the Old Faithful, Grant, Lake, and Canyon areas. [[Page 80911]]
  • Continue all existing groomed motorized routes (zone 3). Offer snowcoach service on the East Entrance Road if safety goals can be met. Management of avalanche danger on the East Entrance Road may mean unscheduled closures of the road to all travel.
  • Provide nonmotorized opportunities (e.g., skiing and snowshoeing) (zones 8 and 9). Examples of existing roads or trails that will be groomed include Fountain Flats Road and portions of the East Entrance road.
  • Where feasible, set parallel tracks on one or both sides of the snow roads to facilitate nonmotorized access.
  • Increase interpretive opportunities related to the unique aspects of the winter environment by providing interpretive programs at destination areas and warming huts. Provide guided interpretive programs for organized groups on snowcoaches. Provide interpretive ski and snowshoe tours and programs such as near Tower, Canyon, Mammoth, Old Faithful, West Thumb, Madison, and West Entrance.
  • Increase the size and number of warming huts and other day use facilities. Place warming huts and restrooms at popular ski trailheads (for example Tower), as support for motorized staging areas (for example Norris), and where the existing facility size is currently inadequate to handle to the dual function of warming hut and interpretive program staging area (for example, Canyon).
  • Restrict nonmotorized uses in certain wildlife winter ranges and thermal areas to travel on designated routes or trails (zones 8 and 9).
  • Implement the winter use season during the period from late November to midMarch.
  • Reduce administrative snowmobile \3\ use from the 106 currently used and supplement with administrative snowcoaches, subject to available funding. When practicable, replace administrative snowmobiles with a type that meets the best available emission and sound limits.
    \3\ EO 11644, sections (3) and (4).
  • Continue allowing personal nonrecreation use of snowmobiles by employees and their families living in the interior of Yellowstone; however, subject to available funding, provide administrative snowcoaches for their use and encourage them to replace their current snowmobiles with cleaner and quieter machines.
  • Allow limited use of administrative snowmobiles by concessioners. Require cleaner and quieter technologies as they are developed (through permit and contracts) and encourage the use of snowcoaches.
    Actions Specific to Grand Teton National Park and the Parkway
  • In Grand Teton and the Parkway, the following roadways will continue to be plowed:
  • Highway 26/89/187 from the south boundary of the park to Moran
  • Highway 89/287 from Moran to Colter Bay
  • Highway 26/287 from Moran to the eastern park boundary
  • Teton Park Road from Moose Junction to Taggart Lake Trailhead, and from Jackson Lake Junction to Signal Mountain Lodge; from Highway 89/287 along the Pacific Creek road to the park boundary; from Kelly to the eastern park boundary; from Gros Ventre Junction to Kelly to Shadow Mountain staging area; and the road to the eastern park boundary at Ditch Creek.
  • Current winter closures will remain in effect on the Snake River floodplain, the Buffalo Fork River floodplain, the Uhl Hill area, Willow Flats, Kelly Hill, and Static Peak.
  • Reasonable and direct access to adjacent public and private lands, or to privately owned lands within the park with permitted or historical motorized access, will continue via paved and plowed routes or via oversnow routes from GTNP (used by
    snowmobiles).\4\
    \4\ 16 U.S.C. 406d1, et seq.
  • Provide opportunities for oversnow motorized trail use (zone 3) by snowcoaches only on the unplowed, groomed surface of the highway from Colter Bay to Flagg Ranch, in the future upon the meeting of certain conditions, and, effective 20032004 and thereafter, north into Yellowstone, and on the Grassy Lake Road.\5\
    \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.
  • Provide opportunities for nonmotorized ungroomed winter trail use (zone 9):
  • On the Teton Park Road from Taggert Lake Trailhead to Signal Mountain.
  • On Antelope Flats.
  • Near Colter Bay and Two Ocean Lake.
  • On the unplowed portion of the MooseWilson road.
  • Continue destination and support facilities at Moose, Triangle X, Colter Bay, and Flagg Ranch, and add warming hut facilities along the Teton Park Road to provide visitor services and interpretive opportunities that focus on nonmotorized uses (zone 1).
  • Limit backcountry nonmotorized use to designated routes to address wildlife issues in certain wildlife winter ranges, or close certain areas to all use.
  • Winterize facilities at Colter Bay to provide a suitable staging area for snowcoach access.\6\
    \6\ This provision is contingent upon the termination of plowing from Colter Bay to Flagg Ranch.
  • Effective 20022003, discontinue the motorized use of Jackson Lake's frozen surface (no snowplanes or snowmobiles).
  • Increase interpretive opportunities related to the unique aspects of the winter environment by providing interpretive programs at destination areas and warming huts. Provide guided interpretive programs for organized groups on snowcoaches. Provide interpretive ski and snowshoe tours and programs at locations such as Moose, Colter Bay, and Flagg Ranch visitor services.
  • Phase in administrative snowmobile types that meet the best available emission and sound limits. Administrative use of snowmobiles in Grand Teton is limited to law enforcement, utility and maintenance access, permitted scientific studies, search and rescue or other use as approved by the superintendent.\7\
    \7\ EO 11644, sections (3) and (4).
    Definitions
  • Oversnow motor vehicles: selfpropelled vehicles intended for travel on snow, driven by a track or tracks in contact with the snow that may be steered by skis or tracks in contact with the snow. This term includes both snowmobiles and snowcoaches.
  • Snowmobiles: selfpropelled vehicles intended for travel on snow, having a curb weight of not more than 1,000 pounds (450kg), driven by a track or tracks in contact with the snow, which may be steered by a ski or skis in contact with the snow.
  • Snowplanes: selfpropelled vehicles intended for oversnow travel, having a weight of not more than 1,000 pounds (450kg) mounted on skis in contact with the snow, and driven by a pusherpropeller.
  • Snowcoaches: selfpropelled, mass transit vehicles intended for travel on snow, having a curb weight of over 1,000 pounds (450kg), driven by a track or tracks and steered by skis or tracks, having a capacity of at least 8 passengers.
  • The phrase gateway communities refers to the towns of Jackson and Cody,
    [[Page 80912]]
    Wyoming, and Gardiner and West Yellowstone, Montana.
  • A designated route for nonmotorized recreation is defined as a marked or otherwise indicated oversnow travel way.

    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

  • Park concessions will be required to mitigate the impacts of air pollution during the interim period by selling only biofuels and synthetic lubes inside the park.
    Water Resources
  • Best management practices will be used during the construction, reconstruction, or winter plowing of trails and roads to prevent unnecessary vegetation removal, erosion, and sedimentation.
  • Separate new or reconstructed wintermotorized trails from drainages where practicable to mitigate the routing of snowpack contaminants into surface water.
  • Any new or reconstructed winter use sanitary facilities will be constructed in locations and with advanced technologies that will protect water resources.
  • A focused monitoring program will reduce the uncertainty of impacts from oversnow vehicles, and if necessary indicate best management practices that might be implemented.
    Wildlife, Including Federally Protected Species and Species of Special Concern
  • NPS personnel will patrol sensitive resource locations to ensure compliance with area closures.
  • NPS personnel will increase patrols of locations where disturbance of wildlife by snowmobile use is most common, to reduce that disturbance.
  • Monitoring of eagle populations to identify and protect nests will continue. The park will continue to support the objectives of the Greater Yellowstone Bald Eagle Management Plan.
  • Monitoring of wolf populations will continue.
  • Lynx surveys will be undertaken to document the distribution and abundance of lynx in the parks and their relationship to packed surfaces. The presence of other carnivores will be documented. The parks will abide by the recommendations of the Lynx Conservation Assessment Strategy.
  • Continue to assess grizzly bear abundance, distribution, and habitat selection, including the location of dens. The information obtained will assist park managers in protecting important habitats and planning recreational activities that minimize disturbance to bears. Monitoring grizzly bear populations will continue in accordance with the Interagency Grizzly Bear Management Guidelines and the parks' bear management plans.
  • Monitoring and protecting trumpeter swan habitats and nests will continue, including the closure of nest sites, when warranted, to public access from February 1 to September 15.
  • Monitoring potential or known winter use conflicts will result in area closures if necessary to protect wildlife habitat.
  • Conduct snow track surveys for carnivores (including lynx) on both groomed and ungroomed routes.
  • Continue to monitor use of groomed, ungroomed, and plowed surfaces by bison and other ungulates.
    Cultural Resources
  • Should the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony occur during construction, provisions outlined in the Native American Graves Protection and Repatriation Act of 1990 (25 USC 3001) will be followed.
  • Trails and trailheads will be sited to avoid adversely impacting known cultural resources, including potential cultural landscapes. In addition, the use of natural materials and colors for all permanent signs erected will allow the signs to blend into their surroundings.

    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.

  • During the winter of 20012002, snowmobile use will be capped as follows:
  • Set daily snowmobile use numbers for all three park units at levels not to exceed the 7year peak daily average. The visitor scenario developed for alternative A (see FEIS appendix G) shows snowmobile use distribution at YNP gateways, and by road segments in the three parks at both the current daily average and peak average snowmobile use levels over the past seven years. The scenario provides numbers that can be expressed as interim visitor use limits. Maximum daily limits at the entrances will be set at the average peak day snowmobile use (see Table 1 and footnote at the bottom of the following page).
  • For snowplane use on Jackson Lake reissue permits to permit holders of record and do not issue any new permits. Limit snowmobile use on Jackson Lake to 30 per day.
  • If monitoring indicates a trend of significant increase above average daily use as shown in Table 1, NPS will considering adjusting the cap downward at other than traditional peak use periods pursuant to, and as authorized under, 36 CFR 1.5 and 2.18.
  • In 20022003 set daily snowmobile entrance limits to reduce total recreational snowmobile use to levels that will result in approximately 50% of the current average annual use level at the South and West Entrances of YNP. Current snowmobile use levels will be maintained from the East and North Entrances of YNP.
  • In 20022003 for the Parkway, in addition to limiting use between Flagg Ranch and the South Entrance to YNP, limit snowmobile use on the Grassy Lake Road and the CDST in the Parkway to current use levels.
  • In 20022003 for GTNP eliminate snowmobile use on the Teton Park Road, all motorized use on Jackson Lake, and all other recreational use by snowmobiles except for that on the CDST and access routes to adjacent public lands. Limit snowmobile use on the CDST in GTNP to current use levels.
  • In 20032004 and thereafter, all oversnow motorized visitor travel in the parks will be by snowcoach except for limited routes in GTNP that will remain open for snowmobile access. [[Page 80913]]
    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.

  • Necessary to fulfill specific purposes identified in the establishing legislation;
  • Key to the cultural or natural integrity of the park or opportunities to enjoy the park; or
  • Identified as a goal in relevant NPS planning documents.

    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:

  • Inconsistency with the park's enabling legislation or proclamation, or derogation of the values or purposes for which the park was established
  • Unacceptable impacts on visitor enjoyment due to interference or conflict with other visitor use activities
  • Consumptive use of park resources
  • Unacceptable impacts on park resources or natural processes
  • Unacceptable levels of danger to the welfare or safety of the public, including participants

    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

  • Unless otherwise noted, the parks will implement all actions the winter following the Record of Decision (ROD) for the winter use plans and EIS. Actions requiring a change in regulations will be implemented once the new regulations are effective.
  • If it can be demonstrated sufficiently for NPS to determine that an implemented action has affected or would substantially affect a concession operation prior to the expiration of its contract, the action will be implemented only through negotiation or when a new contract is awarded.
  • NPS will develop a detailed snowcoach implementation plan in coordination with gateway communities, concessioners and winter permittees.
  • NPS will coordinate with gateway communities, concessioners and winter permittees and state tourism program resources on a new marketing strategy designed to facilitate winter visitation by snowcoach.
  • Allow a planning and implementation period of 3 (three) years.
  • In the winter of 20002001, snowmobile and snowplane use will continue under current regulations. This is a departure from alternative G. This change is made because the implementation of changes in snowmobile and snowplane use that require new regulations could not be made until the 20002001 season is nearly over. Waiting until 20012002 to set new limits on snowmobile and snowplane use will afford ample public notice of the new limits.
  • In the winter of 20002001, actions that do not require regulations (such as increasing ranger patrols to reduce the disturbance of wildlife) will be undertaken to reduce the impacts from snowmobile use.
  • In the winters of 20012003, existing commercial snowcoach operators will be encouraged to increase their fleet size, and snowmobile and other new operators will be encouraged to purchase or lease coaches and reduce snowmobile numbers.
  • In 20012002, daily limits will be set on snowmobile and snowplane use so that daily use levels cannot increase above the average peak day use levels of recent years, as shown in table 1, below.
  • In 20022003, daily limits will be set to limit total recreational snowmobile use to approximately 50% of the current average annual use levels at the South and West Entrances of YNP. Current snowmobile use levels will be maintained from the East and North Entrances of YNP. See table 1, below.
  • In 20022003 for GTNP and the Parkway eliminate snowmobile use on the Teton Park Road, all motorized use on Jackson Lake, and all other recreational snowmobile use except for that on the CDST, Grassy Lake Road, and access routes to adjacent public lands, with limits shown in table 1, below.
  • In 20032004 and thereafter, all oversnow motorized visitor travel in the parks will be by snowcoach, except for limited routes in GTNP that will remain open for snowmobile access to adjacent public or private lands and to private inholdings.
    Regulation/Enforcement/Administration
  • Several actions include possible road closures depending on the results of scientific studies. None of the actions preclude other closures for safety,
    [[Page 80910]]
    resource protection, or other reasons as identified in 36 CFR 1.5 or 2.18.
  • At present no Environmental Protection Agency (EPA) standards exist for offroad vehicles. If the EPA adopts standards or measurement methods for vehicle emissions and sound applicable to winter use in the parks, they will be implemented in accordance with EPA regulations.
  • Require all new oversnow vehicles purchased by the parks to conform to the best environmental standards available, and that other vehicles are retrofitted whenever possible with new technologies designed to lower sound and emission levels.
  • Increase the field presence of park rangers during the interim period before full implementation of snowcoach access to monitor, anticipate, detect and mitigate resource and wildlife impacts and to increase visitor safety.
    Resource Protection
  • Continue scientific studies and monitoring regarding winter visitor use and park resources. Close selected areas of the park, including sections of roads, to visitor use if scientific studies indicate that human presence or activities have a detrimental effect on wildlife or other park resources that could not otherwise be mitigated. The appropriate level of environmental assessment under NEPA will be completed for all actions as required by CEQ regulations (40 CFR parts 15001508).
  • Give a 1year notice before any closure is implemented unless immediate closure is deemed necessary to avoid impairment of park resources or to protect public safety.
  • Sand, or an equally environmentally neutral substance, will be used for traction on all plowed winter roads. Before spring opening, sand removal operations will continue on all plowed park roads.
  • Investigate and implement options to reduce the palatability and accessibility to wildlife of the hydraulic fluid used in snow groomers.
  • When snow depth warrants and at periodic intervals, routine plowing or grooming operations will include laying back roadside snowbanks that could be a barrier to wildlife exiting the road corridor.
    Visitor Use and Access
  • NPS will determine visitor use capacities based on studies that set indicators and standards for desired visitor experiences and resource conditions. The NPS will monitor indicators to maintain the conditions for each management prescription. If necessary, techniques such as reservations, permits, and differential fees will be implemented. See zone descriptions, monitoring table, and Appendix H (Recreation Carrying Capacity).
  • Continue to implement transition and action plans for accessibility and support the philosophy of universal access in the parks. The NPS will make reasonable efforts to ensure accessibility to buildings, facilities, programs, and services. The NPS will develop strategies to ensure that new and renovated facilities, programs and services (including those provided by concessioners) are designed, constructed, or offered in conformance with applicable policies, rules, regulations, and standards (including but not limited to the Architectural Barriers Act of 1968; the Americans with Disabilities Act of 1990 (ADA): the Uniform Federal Accessibility Standards of 1984 (UFAS); and the Guidelines for Outdoor Developed Areas of 1999).
  • Architectural and Site Access and Programmatic Access: The NPS will evaluate existing buildings and existing and new programs, activities, and services (including telecommunications and media) to determine current accessibility and usability by disabled winter visitors. Action plans to remove barriers will be developed.
  • This decision includes an affirmative commitment to implement strategies designed to provide a reasonable level of affordable access to winter park visitors.
  • Backcountry nonmotorized use will continue to be allowed throughout the parks except where designated otherwise for resource protection purposes (shown as Zone 11 or area of designated trail use on alternative map).
  • Other means of oversnow travel not foreseen in this Record of Decision must be specifically approved by the park superintendent.
  • In the third year of the interim period (20022003), snowmobiles in YNP must be accompanied by an NPS permitted guide and travel in groups of no more than 11 (including the guide). The superintendent will be authorized to also require groups and guides in GTNP and the Parkway.
  • In 20032004 and thereafter, permit only NPSmanaged mass transit snowcoaches on designated oversnow roads, other than for allowable administrative, emergency or other snowmobile access as specified in other actions in this document.\1\
    \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.
  • Through the permitting process phase out all oversnow vehicles that do not meet the best available environmental standards for oversnow mass transit travel. Currently, the mass transit oversnow vehicle that produces the lowest emissions is the conversion van mat track.\2\ Any oversnow mass transit system in the parks must be low emission, quiet, safe, affordable, accessible, and comply with the requirements of EO 11644.
    \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.
  • Allow mass transit snowcoaches only when their sound levels are at or below 75 decibels as measured on the Aweighted scale at 50 feet at full throttle. Continue to work with snowcoach manufacturers and operators to meet a longterm goal to lower snowcoach sound levels to 70 decibels or lower.
  • Prohibit late night oversnow travel from about 11 p.m. to 6 a.m. in 20002001, and thereafter from about 9 p.m. to 8 a.m., unless specifically authorized.
  • Implement an information program on snow and trail conditions, points of interest, and available recreational opportunities. Through partnerships, establish park visitor contact opportunities in gateway communities and utilize state tourism program resources.
    Actions Specific to Yellowstone National Park
  • In Yellowstone, the NPS will continue to allow the plowing of Highway 191 and will continue to plow the road from Mammoth to Tower and Tower to the Northeast Entrance (Cooke City) throughout the winter.
  • Grand Canyon of the Yellowstone and the McMinn Bench bighorn sheep area will continue to be closed to winter use.
  • Winter garbage storage facilities that are wildlifeproof will be constructed in the Old Faithful, Grant, Lake, and Canyon areas. [[Page 80911]]
  • Continue all existing groomed motorized routes (zone 3). Offer snowcoach service on the East Entrance Road if safety goals can be met. Management of avalanche danger on the East Entrance Road may mean unscheduled closures of the road to all travel.
  • Provide nonmotorized opportunities (e.g., skiing and snowshoeing) (zones 8 and 9). Examples of existing roads or trails that will be groomed include Fountain Flats Road and portions of the East Entrance road.
  • Where feasible, set parallel tracks on one or both sides of the snow roads to facilitate nonmotorized access.
  • Increase interpretive opportunities related to the unique aspects of the winter environment by providing interpretive programs at destination areas and warming huts. Provide guided interpretive programs for organized groups on snowcoaches. Provide interpretive ski and snowshoe tours and programs such as near Tower, Canyon, Mammoth, Old Faithful, West Thumb, Madison, and West Entrance.
  • Increase the size and number of warming huts and other day use facilities. Place warming huts and restrooms at popular ski trailheads (for example Tower), as support for motorized staging areas (for example Norris), and where the existing facility size is currently inadequate to handle to the dual function of warming hut and interpretive program staging area (for example, Canyon).
  • Restrict nonmotorized uses in certain wildlife winter ranges and thermal areas to travel on designated routes or trails (zones 8 and 9).
  • Implement the winter use season during the period from late November to midMarch.
  • Reduce administrative snowmobile \3\ use from the 106 currently used and supplement with administrative snowcoaches, subject to available funding. When practicable, replace administrative snowmobiles with a type that meets the best available emission and sound limits.
    \3\ EO 11644, sections (3) and (4).
  • Continue allowing personal nonrecreation use of snowmobiles by employees and their families living in the interior of Yellowstone; however, subject to available funding, provide administrative snowcoaches for their use and encourage them to replace their current snowmobiles with cleaner and quieter machines.
  • Allow limited use of administrative snowmobiles by concessioners. Require cleaner and quieter technologies as they are developed (through permit and contracts) and encourage the use of snowcoaches.
    Actions Specific to Grand Teton National Park and the Parkway
  • In Grand Teton and the Parkway, the following roadways will continue to be plowed:
  • Highway 26/89/187 from the south boundary of the park to Moran
  • Highway 89/287 from Moran to Colter Bay
  • Highway 26/287 from Moran to the eastern park boundary
  • Teton Park Road from Moose Junction to Taggart Lake Trailhead, and from Jackson Lake Junction to Signal Mountain Lodge; from Highway 89/287 along the Pacific Creek road to the park boundary; from Kelly to the eastern park boundary; from Gros Ventre Junction to Kelly to Shadow Mountain staging area; and the road to the eastern park boundary at Ditch Creek.
  • Current winter closures will remain in effect on the Snake River floodplain, the Buffalo Fork River floodplain, the Uhl Hill area, Willow Flats, Kelly Hill, and Static Peak.
  • Reasonable and direct access to adjacent public and private lands, or to privately owned lands within the park with permitted or historical motorized access, will continue via paved and plowed routes or via oversnow routes from GTNP (used by
    snowmobiles).\4\
    \4\ 16 U.S.C. 406d1, et seq.
  • Provide opportunities for oversnow motorized trail use (zone 3) by snowcoaches only on the unplowed, groomed surface of the highway from Colter Bay to Flagg Ranch, in the future upon the meeting of certain conditions, and, effective 20032004 and thereafter, north into Yellowstone, and on the Grassy Lake Road.\5\
    \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.
  • Provide opportunities for nonmotorized ungroomed winter trail use (zone 9):
  • On the Teton Park Road from Taggert Lake Trailhead to Signal Mountain.
  • On Antelope Flats.
  • Near Colter Bay and Two Ocean Lake.
  • On the unplowed portion of the MooseWilson road.
  • Continue destination and support facilities at Moose, Triangle X, Colter Bay, and Flagg Ranch, and add warming hut facilities along the Teton Park Road to provide visitor services and interpretive opportunities that focus on nonmotorized uses (zone 1).
  • Limit backcountry nonmotorized use to designated routes to address wildlife issues in certain wildlife winter ranges, or close certain areas to all use.
  • Winterize facilities at Colter Bay to provide a suitable staging area for snowcoach access.\6\
    \6\ This provision is contingent upon the termination of plowing from Colter Bay to Flagg Ranch.
  • Effective 20022003, discontinue the motorized use of Jackson Lake's frozen surface (no snowplanes or snowmobiles).
  • Increase interpretive opportunities related to the unique aspects of the winter environment by providing interpretive programs at destination areas and warming huts. Provide guided interpretive programs for organized groups on snowcoaches. Provide interpretive ski and snowshoe tours and programs at locations such as Moose, Colter Bay, and Flagg Ranch visitor services.
  • Phase in administrative snowmobile types that meet the best available emission and sound limits. Administrative use of snowmobiles in Grand Teton is limited to law enforcement, utility and maintenance access, permitted scientific studies, search and rescue or other use as approved by the superintendent.\7\
    \7\ EO 11644, sections (3) and (4).
    Definitions
  • Oversnow motor vehicles: selfpropelled vehicles intended for travel on snow, driven by a track or tracks in contact with the snow that may be steered by skis or tracks in contact with the snow. This term includes both snowmobiles and snowcoaches.
  • Snowmobiles: selfpropelled vehicles intended for travel on snow, having a curb weight of not more than 1,000 pounds (450kg), driven by a track or tracks in contact with the snow, which may be steered by a ski or skis in contact with the snow.
  • Snowplanes: selfpropelled vehicles intended for oversnow travel, having a weight of not more than 1,000 pounds (450kg) mounted on skis in contact with the snow, and driven by a pusherpropeller.
  • Snowcoaches: selfpropelled, mass transit vehicles intended for travel on snow, having a curb weight of over 1,000 pounds (450kg), driven by a track or tracks and steered by skis or tracks, having a capacity of at least 8 passengers.
  • The phrase gateway communities refers to the towns of Jackson and Cody,
    [[Page 80912]]
    Wyoming, and Gardiner and West Yellowstone, Montana.
  • A designated route for nonmotorized recreation is defined as a marked or otherwise indicated oversnow travel way.

    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

  • Park concessions will be required to mitigate the impacts of air pollution during the interim period by selling only biofuels and synthetic lubes inside the park.
    Water Resources
  • Best management practices will be used during the construction, reconstruction, or winter plowing of trails and roads to prevent unnecessary vegetation removal, erosion, and sedimentation.
  • Separate new or reconstructed wintermotorized trails from drainages where practicable to mitigate the routing of snowpack contaminants into surface water.
  • Any new or reconstructed winter use sanitary facilities will be constructed in locations and with advanced technologies that will protect water resources.
  • A focused monitoring program will reduce the uncertainty of impacts from oversnow vehicles, and if necessary indicate best management practices that might be implemented.
    Wildlife, Including Federally Protected Species and Species of Special Concern
  • NPS personnel will patrol sensitive resource locations to ensure compliance with area closures.
  • NPS personnel will increase patrols of locations where disturbance of wildlife by snowmobile use is most common, to reduce that disturbance.
  • Monitoring of eagle populations to identify and protect nests will continue. The park will continue to support the objectives of the Greater Yellowstone Bald Eagle Management Plan.
  • Monitoring of wolf populations will continue.
  • Lynx surveys will be undertaken to document the distribution and abundance of lynx in the parks and their relationship to packed surfaces. The presence of other carnivores will be documented. The parks will abide by the recommendations of the Lynx Conservation Assessment Strategy.
  • Continue to assess grizzly bear abundance, distribution, and habitat selection, including the location of dens. The information obtained will assist park managers in protecting important habitats and planning recreational activities that minimize disturbance to bears. Monitoring grizzly bear populations will continue in accordance with the Interagency Grizzly Bear Management Guidelines and the parks' bear management plans.
  • Monitoring and protecting trumpeter swan habitats and nests will continue, including the closure of nest sites, when warranted, to public access from February 1 to September 15.
  • Monitoring potential or known winter use conflicts will result in area closures if necessary to protect wildlife habitat.
  • Conduct snow track surveys for carnivores (including lynx) on both groomed and ungroomed routes.
  • Continue to monitor use of groomed, ungroomed, and plowed surfaces by bison and other ungulates.
    Cultural Resources
  • Should the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony occur during construction, provisions outlined in the Native American Graves Protection and Repatriation Act of 1990 (25 USC 3001) will be followed.
  • Trails and trailheads will be sited to avoid adversely impacting known cultural resources, including potential cultural landscapes. In addition, the use of natural materials and colors for all permanent signs erected will allow the signs to blend into their surroundings.

    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.

  • During the winter of 20012002, snowmobile use will be capped as follows:
  • Set daily snowmobile use numbers for all three park units at levels not to exceed the 7year peak daily average. The visitor scenario developed for alternative A (see FEIS appendix G) shows snowmobile use distribution at YNP gateways, and by road segments in the three parks at both the current daily average and peak average snowmobile use levels over the past seven years. The scenario provides numbers that can be expressed as interim visitor use limits. Maximum daily limits at the entrances will be set at the average peak day snowmobile use (see Table 1 and footnote at the bottom of the following page).
  • For snowplane use on Jackson Lake reissue permits to permit holders of record and do not issue any new permits. Limit snowmobile use on Jackson Lake to 30 per day.
  • If monitoring indicates a trend of significant increase above average daily use as shown in Table 1, NPS will considering adjusting the cap downward at other than traditional peak use periods pursuant to, and as authorized under, 36 CFR 1.5 and 2.18.
  • In 20022003 set daily snowmobile entrance limits to reduce total recreational snowmobile use to levels that will result in approximately 50% of the current average annual use level at the South and West Entrances of YNP. Current snowmobile use levels will be maintained from the East and North Entrances of YNP.
  • In 20022003 for the Parkway, in addition to limiting use between Flagg Ranch and the South Entrance to YNP, limit snowmobile use on the Grassy Lake Road and the CDST in the Parkway to current use levels.
  • In 20022003 for GTNP eliminate snowmobile use on the Teton Park Road, all motorized use on Jackson Lake, and all other recreational use by snowmobiles except for that on the CDST and access routes to adjacent public lands. Limit snowmobile use on the CDST in GTNP to current use levels.
  • In 20032004 and thereafter, all oversnow motorized visitor travel in the parks will be by snowcoach except for limited routes in GTNP that will remain open for snowmobile access. [[Page 80913]]
    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.

  • Necessary to fulfill specific purposes identified in the establishing legislation;
  • Key to the cultural or natural integrity of the park or opportunities to enjoy the park; or
  • Identified as a goal in relevant NPS planning documents.

    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:

  • Inconsistency with the park's enabling legislation or proclamation, or derogation of the values or purposes for which the park was established
  • Unacceptable impacts on visitor enjoyment due to interference or conflict with other visitor use activities
  • Consumptive use of park resources
  • Unacceptable impacts on park resources or natural processes
  • Unacceptable levels of danger to the welfare or safety of the public, including participants

    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