Snowmobile groups sue NPS over Denali ban

A snowmobiler crosses Muldrow Glacier in the wilderness area of Denali National Park in Alaska

By Environmental News Network staff

The Alaska State Snowmobile Association, International Snowmobile Manufacturers Association and three individuals are bucking the National Park Service's decision to close the heart of Denali National Park to snowmobiles — not with horsepower but with a lawsuit.

The core of Denali is a 2-million-acre wilderness area, known as Old Park, that follows the boundaries of the former Mount McKinley National Park, where prior to 1980, snowmobiles weren't allowed.

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Snowmobiles are allowed in the 4 million acres that were added to Mount McKinley National Park when Denali was created in 1980. Through the Alaska National Interest Lands Conservation Act, Congress established 10 new park areas in Alaska, expanding McKinley in the process.

Title XI of that act permits snowmobile use in wilderness areas for "traditional activities," a phrase not defined in the legislation.

The great debate over the Denali closure is based on the interpretation of traditional activities. The plaintiffs in the new lawsuit believe the Clinton administration and the Park Service acted arbitrarily in banning snowmobiles from the heart of the park.

"This closure reflects the Clinton Administration's political view that regardless of the law, the Old Park should be closed to all snowmobile access," said Ed Klim, president of ISMA. v

"Someone needs to better explain to us what the laws are and if these people can redefine issues," said Klim. "And did we, in fact, give the deed to this property over to a few burearucrats?"

Snowmobilers in Alaska

While drafting regulations for Denali, the NPS reviewed congressional debate before the lands conservation act was passed. From this, the NPS provided a definition of traditional activities: "an activity that generally and lawfully occurred in the Old Park contemporaneously with the enactment of ANILCA, and that was associated with the Old Park, or a discrete portion thereof, involving the consumptive use of one or more natural resources of the Old Park such as hunting, trapping, fishing, berry-picking or similar activities."

This definition distinguishes traditional activities from everyday practices such as hiking, photography, picnicking and other uses, the NPS maintains.

Recreational use of snowmobiles is not a traditional activity, according to the NPS. The agency interpreted Congress to mean that snowmobiles in Old Park are only allowed for utilitarian activities — "to support a lifestyle — not a recreational lifestyle — like getting water, wood or fish," in the words of Denali representative John Quinley.

The snowmobile groups also dispute the NPS conclusion that snowmobiles in Old Park damage the environment sufficiently to justify closure of 2 million acres. "At the same time it decided one snowmobile rider is too many, the Park Service ruled that more than 10,000 buses, trucks and autos could use the 92-mile park road in the summer," said Kevin Hite, president of ASSA.

"This absurd conclusion demonstrates that this action is driven by politics, not on-the-ground facts. It also ignores the real strides the snowmobile manufacturers have made in recent years to create cleaner and quieter machines," added Klim.

The NPS also failed to comply with the National Environmental Policy Act, the plaintiffs charge. They claim the agency failed to consider the potential impact of closing Old Park and the impact of its interpretation of traditional activities on other parks.

ASSA, ISMA and the other plaintiffs expect a decision on their action before the snowmobile season begins.

Copyright 2000, Environmental News Network, All Rights Reserved

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Denali National Park
The Alaska State Snowmobilers Association
International Snowmobile Manufacturers Association
National Environmental Policy Act
ANILCA
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