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Showing posts with label organic act. Show all posts
Showing posts with label organic act. Show all posts

Tuesday, August 25, 2026

The Next Congress Should Put Guardrails Back Around America’s Public Lands

Presidents will come and go. America’s national parks, public lands, wildlife, and cultural treasures should not rise and fall with them.

This November, Americans will elect a new Congress. Inevitably, much of the campaign will revolve around taxes, immigration, health care, inflation, and other issues that dominate our politics.

But voters who care about national parks, wildlife, clean water, forests, and public lands should be asking congressional candidates another question:

What will you do to make sure one president cannot dismantle decades of conservation policy with the stroke of a pen?

That question has become increasingly urgent during President Donald Trump’s second administration.

Over the past two years, the administration has pursued significant changes to federal environmental and public-land policy. The administration argues that these actions reduce regulatory burdens, increase domestic energy and mineral production, restore local control, and bring environmental laws closer to their original statutory meaning.

Conservation organizations, tribes, environmental attorneys, and other critics see something very different: an unprecedented effort to weaken protections that Americans spent generations building.

Whatever happens in the courts and whatever happens in the next presidential election, the experience of the past two years has exposed weaknesses in America's conservation laws that Congress has the constitutional power to address.

The next Congress should consider doing exactly that.

Bears Ears: How Permanent Is a National Monument?

Few places illustrate the vulnerability of federal conservation policy better than Bears Ears National Monument in Utah.

President Barack Obama created Bears Ears in 2016, protecting approximately 1.35 million acres containing extraordinary archaeological, cultural, geological, and natural resources.

President Trump dramatically reduced the monument during his first administration. President Joe Biden subsequently restored it.

Then Trump returned to office.

On July 13, 2026, Trump issued another proclamation reducing Bears Ears to approximately 121,096 acres, excluding roughly 1.24 million acres from the monument.

The administration argues that the smaller monument complies with the Antiquities Act's requirement that monuments encompass the "smallest area compatible" with protecting the objects for which they were designated.

The proclamation also provides that excluded lands may, subject to existing protections and applicable law, become available for mineral leasing, mining claims, and other uses.

It is important to note that removing land from the monument does not automatically eliminate every protection covering it. Some excluded areas retain protections under wilderness designations, Wilderness Study Areas, Areas of Critical Environmental Concern, the Endangered Species Act, and other federal laws.

Nevertheless, Bears Ears presents a fundamental conservation question:

Should a national monument be capable of expanding, shrinking, expanding again, and shrinking again depending upon who occupies the White House?

Congress can answer that question.

Reform #1: Amend the Antiquities Act

Congress should clarify the Antiquities Act so that a president may create national monuments but cannot abolish one or substantially reduce its boundaries without congressional approval.

That distinction matters.

Congress delegated monument-designation authority to the president. Congress can explicitly determine what authority accompanies, or does not accompany, that delegation.

Congress could also legislatively designate important existing monuments, including Bears Ears, thereby providing protections based on statute rather than presidential proclamation.

There are competing proposals over presidential monument authority. Some would move in the opposite direction and reserve monument establishment or expansion to Congress.

That debate makes the underlying issue particularly appropriate for congressional consideration: Congress should decide the limits of presidential authority rather than leave the future of major landscapes perpetually dependent upon changing interpretations of executive power.

The Endangered Species Act Without Habitat?

Another major change involves one of America's most important wildlife laws.

For decades, regulations implementing the Endangered Species Act interpreted prohibited "harm" to protected wildlife to include certain significant habitat modifications that actually kill or injure wildlife by interfering with essential behavior such as breeding, feeding, or sheltering.

The Trump administration rescinded that regulatory definition in July.

The administration argues that the old interpretation expanded federal authority beyond the language Congress enacted and unnecessarily burdened landowners and businesses.

Conservation organizations strongly disagree and have sued to overturn the change. They argue that protecting an endangered animal while allowing destruction of habitat necessary for its survival makes little biological sense.

The administration has made additional ESA regulatory changes, including eliminating future use of the general "blanket rule" approach for newly listed threatened species and changing regulations governing critical-habitat decisions.

Again, Congress does not have to leave such fundamental questions to regulatory interpretation.

Reform #2: Put Habitat Protection Directly Into the ESA

Congress should amend the Endangered Species Act to explicitly state when significant habitat modification constitutes prohibited harm to a listed species.

That would accomplish something larger than simply reversing a Trump regulation.

It would settle the issue legislatively.

Congress could define "harm" with enough specificity to protect habitat genuinely necessary for species survival and recovery while establishing clearer standards for landowners and regulated industries.

Congress could similarly clarify that critical-habitat designations should principally rest on biological and conservation requirements and explicitly address how agencies should consider climate-driven changes to future habitat.

The principle should be simple:

You cannot save wildlife without saving the places wildlife needs to survive.

America's Roadless Forests Are Vulnerable Too

The administration's actions extend well beyond monuments and endangered species.

The Trump administration has moved to rescind the 2001 Roadless Area Conservation Rule, which restricts road construction, logging, and certain other development across tens of millions of acres of national forest.

The administration says returning greater authority to local forest managers would improve forest management, reduce regulatory barriers, and help address wildfire risks.

Opponents argue that the rule protects some of America's most intact forests, wildlife habitat, watersheds, and backcountry recreation areas and that eliminating it could open previously protected landscapes to greater development.

Once again, the controversy exposes the vulnerability of conservation policies based primarily upon administrative rules.

Reform #3: Turn the Roadless Rule Into Law

Congress should codify core protections of the Roadless Rule.

Legislation could permanently protect inventoried roadless areas from new commercial road construction and large-scale development while providing carefully written exceptions for wildfire response, ecological restoration, tribal access, public safety, existing rights, and other legitimate needs.

Doing so would transform a regulatory policy vulnerable to changing administrations into a statutory national conservation standard.

Restore Congress's Voice Over Selling America's Public Estate

Congress should also address another recurring threat: disposal of federal land.

Public lands certainly require occasional boundary adjustments, exchanges, and disposals. Some small parcels make little sense for the federal government to retain.

But large-scale disposal of America's public estate is something entirely different.

Reform #4: Establish Stronger Protections Against Large-Scale Public-Land Disposal

Congress should establish a presumption that major federal public lands remain in public ownership unless Congress specifically authorizes their disposal.

Any major disposal proposal could be required to undergo public review and analysis of recreational access, wildlife habitat, water resources, tribal interests, cultural resources, local economic effects, and conservation values.

Protecting public ownership also has the potential for bipartisan support. Proposals such as the Public Lands in Public Hands Act demonstrate that concern over disposal of federal lands does not necessarily fit neatly within traditional partisan boundaries.

Keeping public lands public can be common ground.

Put Environmental Review Back in Statute

The Trump administration has also substantially rewritten the Department of the Interior's procedures for complying with the National Environmental Policy Act.

Interior describes its changes as reforms intended to reduce bureaucracy and accelerate permitting while maintaining NEPA's procedural requirements. Critics worry that important environmental-review requirements can consequently become increasingly dependent upon executive interpretation.

Reform #5: Establish a Clear Statutory Floor for Environmental Review

Congress should specify minimum requirements for major federal actions.

Those requirements could include analysis of reasonable alternatives, significant environmental consequences, effects on nearby communities and tribes, opportunities for meaningful public participation, and disclosure of important scientific information.

Congress could simultaneously establish reasonable deadlines and page limits for routine reviews.

Environmental review does not have to mean endless review.

The objective should be better decisions made within predictable timelines, rather than choosing between environmental protection and administrative efficiency.

Protect the Lands Surrounding National Parks

A national park boundary does not create an ecological force field.

Oil wells, mines, roads, industrial development, and other activities immediately outside a park can affect its water, wildlife, viewsheds, night skies, cultural resources, and visitor experience.

That concern has played out around places such as Chaco Culture National Historical Park, where mineral development on surrounding federal lands has generated years of controversy.

Reform #6: Require a "National Park Neighbor" Review

Congress should require federal agencies proposing major extractive or industrial projects within a specified distance of a National Park System unit to formally evaluate impacts upon park resources.

This would not automatically prohibit development.

It would require decision-makers to acknowledge that actions immediately outside Yellowstone, Grand Canyon, Glacier, Chaco, or another protected area can damage resources inside it.

For particularly important landscapes, Congress could go further by establishing permanent mineral withdrawals or conservation areas.

Give Wildlife Room to Move

America's conservation laws were largely created when wildlife management focused on protecting individual parks, refuges, forests, and wilderness areas.

Wildlife does not recognize those boundaries.

Elk migrate between national parks and national forests. Salmon move between federal, state, tribal, and private lands. Grizzly bears roam across enormous landscapes. Climate change is shifting habitats northward and upward.

Twenty-first-century conservation therefore requires protecting connections between protected places.

Reform #7: Establish a National Wildlife Corridor Program

Congress should create a permanent wildlife-corridor program directing federal agencies to identify major migration routes and habitat connections.

Federal transportation projects could incorporate wildlife crossings where scientifically justified. Land-management agencies could prioritize habitat connectivity when revising management plans, while voluntary conservation programs could help private landowners maintain migration corridors.

Congress could also expand grants to states, tribes, local governments, and private landowners for wildlife crossings and habitat restoration.

The goal would not be another enormous federal land designation.

It would be ensuring that America's existing protected lands do not become ecological islands.

A Law Is Meaningless If Nobody Is Left to Enforce It

There is another, less visible way to weaken America's conservation system.

You don't necessarily have to repeal the Endangered Species Act, sell a national park, or abolish a wildlife refuge.

You can simply make the agencies responsible for protecting them incapable of doing their jobs.

The National Park Service needs rangers, maintenance workers, biologists, archaeologists, historians, firefighters, engineers, and law-enforcement officers.

The U.S. Fish and Wildlife Service needs scientists capable of reviewing endangered-species listings, developing recovery plans, restoring habitat, and managing wildlife refuges.

The Bureau of Land Management and Forest Service need professionals capable of monitoring millions of acres, fighting wildfires, restoring watersheds, administering recreation, conducting environmental reviews, enforcing permits, and managing competing demands upon public lands.

When staffing disappears, those responsibilities don't disappear with it.

Trails deteriorate.

Visitor centers close.

Scientific studies are delayed.

Endangered-species recovery plans fall behind.

Invasive species spread.

Cultural resources receive less protection.

Maintenance backlogs grow.

And agencies increasingly find themselves managing America's natural heritage in permanent crisis mode.

This creates another vulnerability that Congress should address.

Reform #8: Give Conservation Agencies Stable Funding and Staffing

Congress should establish more durable funding and staffing safeguards for America's major conservation agencies.

That does not mean Congress should guarantee every agency an ever-increasing budget or prevent legitimate efforts to make government more efficient.

Agencies should be accountable for how they spend taxpayer dollars.

But there is an enormous difference between improving government efficiency and systematically reducing an agency's ability to carry out responsibilities Congress has assigned to it.

Congress could establish minimum operational-capacity requirements for the National Park Service, Fish and Wildlife Service, Forest Service, and Bureau of Land Management.

It could require agencies to publicly report how proposed staffing reductions would affect visitor services, law enforcement, wildfire response, endangered-species recovery, scientific monitoring, maintenance, and resource protection.

Congress could also place restrictions on an administration's ability to effectively dismantle congressionally created programs through mass layoffs, hiring freezes, office closures, or wholesale reorganizations without congressional approval.

And Congress could expand the use of dedicated conservation funding that cannot easily be redirected by whichever administration happens to occupy the White House.

There is already a successful model.

The Great American Outdoors Act, signed by President Trump in 2020 with strong bipartisan congressional support, permanently funded the Land and Water Conservation Fund and provided billions of dollars to address deferred maintenance on federal lands.

Congress should build upon that approach.

Because protecting public lands requires more than drawing lines on a map.

Congress can create the strongest conservation laws in the world. But those laws mean little if there aren't enough people, scientists, rangers, and resources to carry them out.

Make Conservation Harder to Politicize

There is a larger lesson behind all eight proposals.

Environmental policy has increasingly become a pendulum.

One administration writes regulations.

The next rescinds them.

The following administration restores them.

Then another administration removes them again.

Bears Ears may be the most visible example, but the same pattern increasingly affects endangered species, climate policy, environmental review, drilling, logging, agency staffing, and other public-land decisions.

That instability isn't particularly good for conservation.

It isn't particularly good for industry either.

Businesses, communities, tribes, landowners, recreationists, and conservation organizations all benefit from knowing what the rules will be five, ten, or twenty years from now.

Congress exists in part to make those rules.

Congress Should Legislate Again

For decades, Congress passed some of America's greatest conservation laws.

The Antiquities Act.

The National Park Service Organic Act.

The Wilderness Act.

The National Environmental Policy Act.

The Clean Air Act.

The Clean Water Act.

The Endangered Species Act.

Republican and Democratic presidents alike signed landmark conservation laws, and conservation legislation historically attracted coalitions that crossed ideological and geographic lines.

Today's Congress too often leaves enormous policy questions unresolved. Presidents consequently push the boundaries of executive authority, agencies reinterpret old statutes, environmental organizations and industries sue, judges decide what Congress meant, and the rules change again after the next election.

There is another way.

Congress can legislate.

The next Congress could:

  1. Clarify the Antiquities Act so presidents cannot unilaterally dismantle national monuments.
  2. Put habitat protection explicitly into the Endangered Species Act.
  3. Codify protections for America's roadless national forests.
  4. Strengthen safeguards against large-scale disposal of public lands.
  5. Establish a statutory floor for meaningful environmental review.
  6. Require consideration of threats to national parks from nearby federal development.
  7. Create a national wildlife-corridor program.
  8. Provide conservation agencies with stable funding, staffing, and operational capacity.

These policies would outlast a Trump administration.

They would also outlast the administration that follows it.

And that is precisely the point.

The Question to Ask This Election

Americans shouldn't have to wonder every four years whether a national monument will still exist after the next inauguration.

A species shouldn't gain or lose fundamental habitat protections simply because control of the executive branch changes.

A national park shouldn't deteriorate because the federal government no longer employs enough people to maintain or protect it.

And lands preserved for generations shouldn't suddenly become disposable because one administration has a different interpretation of a decades-old statute.

Presidents need authority to govern.

But presidents also need guardrails.

Our Constitution provides a branch of government capable of creating them: Congress.

So as candidates ask for our votes this fall, Americans who care about national parks, wildlife, wilderness, and public lands should ask them something in return:

What laws will you support to ensure these places are still protected long after the next president is gone?

Because America's public lands belong to generations yet to come.

Their future should never depend upon the signature, or whims, of one person.

###


Meet Sean Smith, a master of conservation, adventure, and storytelling! This award-winning
conservationist and former National Park and Forest Ranger has trekked through the wilderness of Yellowstone, Glacier, Mount St. Helens, and the North Cascades, keeping nature safe with his trusty ranger hat and boots. But Sean's talents don't stop there. He's a TEDx speaker and even a private pilot.

But amidst all these adventures, Sean's heart beats for storytelling. He's been spinning tales since childhood, and now he writes thrilling national park novels that'll have you hooked from the first page. Imagine the drama and mystery of the mountains combined with the adrenaline of a rollercoaster ride. That's what you'll find in Sean's books, set against the majestic backdrop of Yellowstone, Gettysburg, and Mount Rainier. His most recent thriller is set in Glacier and will drop later this year.

So, if you're craving an escape into the wild, look no further. Grab a copy of Sean's novels and prepare for an unforgettable adventure. These stories will transport you to the heart of the national parks, where danger lurks and heroes rise. Don't miss out! Find all his captivating novels right here and in the QR code included. 

Friday, November 28, 2025

Utah’s Bid to Co-Manage National Parks: Why the Nation Should Pay Close Attention

Rumors are swirling about an upcoming high-level meeting between the U.S. Department of the Interior and Utah’s elected officials. On the agenda, according to multiple sources, is a proposal for Utah to co-manage its five national parksArches, Bryce Canyon, Canyonlands, Capitol Reef, and Zion.

Advocates say this could give Utah “a stronger voice” in park operations. Critics worry the plan could open the door to state-level political interference, revenue-driven management, or even a slow erosion of the very principles that created the national park system in the first place.

Before this meeting happens, it’s worth remembering why America created national parks at all, why Congress placed them under federal, not state control, and what the law says about maintaining them as treasures held in trust for the entire American public.

A Brief History of a Radical American Idea

When Congress created Yellowstone National Park in 1872, it did something unprecedented in world history: it set aside land not for kings, nobles, or private entrepreneurs, but for “the benefit and enjoyment of the people.” All the people. Rich or poor. Local or distant. American or visiting traveler.

This radical democratic idea was driven by lived experience.

The American founders knew what it meant when land belonged to a monarch.

Under British rule, vast estates, forests, rivers, hunting grounds were controlled by the Crown or aristocrats. Common people were often excluded, fined, or imprisoned simply for crossing into lands they once used for food and freedom. The memory of privileged access to natural beauty, reserved only for those of status, stuck with early American thinkers.

The idea that a government could reserve extraordinary landscapes for the public good rather than elite pleasure was revolutionary.

The founders of the National Park System also knew what could happen without national protection.

In the mid-1800s, Niagara Falls was one of America’s most spectacular natural landmarks and yet nearly all of it was privatized. The shoreline was carved up by private landholders who built high walls, charged admission, erected cheap carnival attractions, ran high-wire acts over the gorge, and turned the area into a gaudy circus. Visitors complained that the commercial chaos ruined the natural majesty of the falls.

This exploitation deeply shaped national park visionaries thinking. When lawmakers considered the creation of the national park system, they explicitly referenced both European aristocratic models and the lesson of Niagara: if a natural wonder is left to private or local interests, the experience can be degraded, restricted, or lost entirely.

Why National Parks Are National

From Yellowstone onward, Congress created national parks to preserve America’s most extraordinary landscapes under national stewardship, not state or private control. Over time, courts have affirmed this arrangement.

Case Law Supporting Federal Management

Federal courts have consistently upheld the United States’ authority to create, manage, and regulate national parks and federal lands.

The Organic Act of 1916

The act that created the National Park Service directs the federal government:

“to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same…unimpaired for the enjoyment of future generations.

The courts later described this mandate as a non-delegable federal responsibility.

Key Court Decisions Affirming National Control

  • Camfield v. United States (1897)
    Upheld broad federal authority to prevent private or state interference with federal lands, even when regulating activities on adjacent non-federal property.

  • Light v. United States (1911)
    Confirmed that the federal government may regulate and restrict uses of federal lands regardless of state preferences.

  • United States v. Grimaud (1911)
    Held that Congress may delegate regulatory authority to federal agencies like the Department of Agriculture (later analogous to NPS) to manage federal lands. Importantly, the Court confirmed that federal agencies can issue binding regulations backed by criminal penalties—solidifying the legitimacy of federal land-management regulations generally.

  • Kleppe v. New Mexico (1976)
    The Supreme Court declared that Congress’ power over federal public lands is “without limitations,” giving federal agencies supremacy when conflicts arise with state policies or laws.

  • National Parks Conservation Association (NPCA) v. Stanton (D.D.C. 1998)
    A federal court held that the National Park Service must comply with the Organic Act’s conservation mandate and may not weaken protections to accommodate outside pressure. The ruling reinforced that park resources must be preserved unimpaired, and that NPS cannot delegate or dilute its statutory responsibilities.

Together, these decisions make clear:


Congress holds exclusive constitutional authority over national parks, and the National Park Service has a legal obligation to protect them according to national—not state—standards.

The Stakes of Utah’s Proposal

Utah has long had a complicated relationship with federal public lands. Some state leaders have pushed for greater state control, expanded development, or reduced federal regulation. Co-management, depending on form, could introduce:

  • Revenue pressure overriding preservation

  • State politics shaping visitor access

  • Increased commercial development

  • Conflicts over wildlife, water, and resource protection

  • A precedent other states might emulate

Once the door opens, it may be difficult to close.

And it could return us, step by step, to the mistakes of Niagara—or the exclusionary systems the founders rejected.

National Parks Belong to the Nation

America’s national parks are protected by law, shaped by history, and treasured by generations. They were created precisely to prevent short-term interests from compromising long-term national values.

They belong not to Utah, not to Washington, D.C., and not to any administration.


They belong to all of us and to those who come after us.

A Call to Action

If you believe that America’s national parks should remain under strong national protection free from politicized co-management experiments now is the time to speak up.

Contact your senators and representatives. Tell them you oppose any arrangement that weakens national stewardship of national parks. Tell them to honor the legacy of Yellowstone’s founders, the lessons of Niagara, and the constitutional principle that these lands belong to the entire American public.

Utah’s proposal may be only a rumor today. But what happens in that room between Interior and Utah officials could shape the future of America’s greatest treasures.

###



Meet Sean Smith, a master of conservation, adventure, and storytelling! This award-winning
conservationist and former National Park and Forest Ranger has trekked through the wilderness of Yellowstone, Glacier, Mount St. Helens, and the North Cascades, keeping nature safe with his trusty ranger hat and boots. But Sean's talents don't stop there. He's a TEDx speaker and even a private pilot.

But amidst all these adventures, Sean's heart beats for storytelling. He's been spinning tales since childhood, and now he writes thrilling national park novels that'll have you hooked from the first page. Imagine the drama and mystery of the mountains combined with the adrenaline of a rollercoaster ride. That's what you'll find in Sean's books, set against the majestic backdrop of Yellowstone, Gettysburg, and Mount Rainier. His most recent thriller is set in Glacier and will drop later this year.

So, if you're craving an escape into the wild, look no further. Grab a copy of Sean's novels and prepare for an unforgettable adventure. These stories will transport you to the heart of the national parks, where danger lurks and heroes rise. Don't miss out! Find all his captivating novels right here and in the QR code included. 

Saturday, August 6, 2016

To the President: Set the Parks on the Correct Path

With the completion of the major political parties presidential campaigns, the country now heads to the homestretch in its election of commander-in-chief. As such, its never to early to get National Parks on the incoming president's agenda. Below is an open letter to the next President of the United States.

To the President:

Congratulations on your recent victory and becoming America's 45th chief executive.  The next four or possibly eight years will likely be quite challenging.  Managing the economy, foreign and domestic affairs, energy matters, and many more matters will place great demands upon your time. However, I write today to make sure that National Parks stay on the radar during your administration.

To some, National Parks aren't on the same level of importance as other issues like the economy or energy production.  However, I believe National Parks are equally important as these is
sues. National Parks are more than pretty places or dusty old buildings, rather they are the physical manifestation of all American's value and hold sacred. 

Americans today inherited the National Parks from our ancestors who set aside their short-term desires and wants so that we could enjoy parks like Yellowstone and Yosemite.  We can never repay our ancestors for this gift, however we can pay it forward to the next generation. In other words, we can leave the National Parks and the National Park System in better shape than what we were given.

To do this, I recommend the following things:

1. Fund the Parks
The National Parks are an incredible bargain. Congress allocates a little more than $3 billion to run the park system. For that amount, which is about half of what the United States spends on a single nuclear aircraft carrier, the American public gets more than 400 sites that preserve and protect some of America's most sacred ideas, hopes and places. It's an incredible bargain.

What's more, research shows that every dollar the country spends on national parks, it returns $4 to the national economy.  That's a great return on investment. 

The past several administrations have rightly recognized the value and importance of national parks and reflected this in a growing national park allocation. I encourage you to continue this trend.
2. Establish New Parks
Over the past several years, the Obama Administration has used the Antiquities Act to create 10 new National Park System monuments including Castle Mountains, Waco Mammoth, and Fort Monroe.  I encourage you to continue this trend as well.  However, the trend the past several years has been to add historical monuments to the park system, while adding monuments dedicated to protecting the environment to other agencies such as the Forest Service and Bureau of Land Management. The Park Service has a stronger conservation mandate than these other agencies and placing them in under other agencies reduces natural resources protection. I'd encourage you to reverse this trend.
3. Define and Enforce Appropriate Recreation
The National Park Service often argues that it has a duel mission that it must balance recreation with preservation. Yet, this is incorrect. The Organic Act of 1916 establishes for the  National Park Service a single mission which is to provide enjoyment of the national parks in such a way that will leave them unimpaired for the enjoyment of future generations. The law does preclude what we understand as modern recreation, nor does it mandate it however. Rather, the law clearly states the Park Service is only to allow those form of enjoyment that leave the resources unimpaired. Surprisingly, the Park Service has yet to complete neither a system wide recreation review nor even a single park review. There is no way for the NPS to know if its recreation is impairing the resources without this review. As President, I encourage you to conduct these reviews.

4. Get control of Visitation
National Parks are quite popular. In fact, 2015 set an all time visitation record at more than 305 million visitors. This smashed last year's record by more than 15 million! These incredible visitation numbers clearly show that the national parks are well loved, however the parks may soon become loved to death. Some are even calling upon the National Park Service to establish park carrying capacities.  In fact, Congress ordered the Park Service more than 40 years ago to come up with these capacities, yet the NPS has failed to do so.

Rather than recognize visitation limits, the Park Service has over the past several years actively promoted the national parks with programs like Find your Park. These programs have been so successful, pushing visitation to all time records.

It's time to recognize that national parks have limits on their ability to absorb visitors.
5. Recommit the Service to its Mission
Twenty Sixteen marks the 100th birthday of the national park system. It is a time to celebrate and look back upon the Park System's achievements the last century. However, it also provides an opportunity to look forward to set the tone for the Park System's next century. I'd encourage you to set the tone for the next 100 years by achieving the following before the end of your first term: fully fund the parks, establish new parks, define and enforce appropriate recreation, and establish need visitation controls. 

Doing these simple tasks will set the parks on a trajectory which will best insure they reach their bicentennial.


Sean Smith is a former Yellowstone Ranger, and an award winning conservationist, TEDx speaker, and author. He writes national park thrillers from his home in the shadow of Mount Rainier National Park. To learn more about his thrillers click here or follow him on twitter: @parkthrillers

Sunday, June 28, 2015

Dual Mandate? Time for some balance

"Sentinel Bridge & Half Dome" by Jim Getchell 
In August the National Park Service (NPS) will celebrate its 99th birthday, and begin what’s expected to be a yearlong celebration leading to its centennial in 2016. Americans can expect 365 days of events, speeches, and celebrations. But many are wondering if the centennial will cause the NPS to take a serious look at its management.

The history of the National Park Service’s (NPS) recreation management is a mixed bag at best. Yellowstone, the world's first national park, was set aside in 1872 as "pleasuring-ground" to protect from injury or spoilation, of all timber, mineral deposits, natural curiosities, or wonders within.” Later in 1916, Congress established the National NPS with its primary mission being"....to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."

From nearly day one, many have maintained that congress gave the NPS a dual mandate, one that requires the NPS to "balance" preservation with recreation. Yet despite the fact that neither the Organic nor Yellowstone Acts mention recreation specifically, this perceived need to balance conservation with recreation doesn't comply with federal law, court cases or even NPS policy.

Congress recognizing the confusion some had over its original intent in the 1916 Organic Act passed additional legislation that America's National Parks are to be managed as a single system and that no activity is to be authorized "in derogation of the values and purposes for which [the parks] have been established.” In other words, recreation or use can only be authorized if it doesn’t degrade the parks.

The NPS knows they only have one mandate. In its 2006 management policies the agency states "when there is a conflict between conserving resources and values and providing for enjoyment of them, conservation is to be predominant. This is how courts have consistently interpreted the Organic Act." As such, the NPS understands that it can only authorize those activities that are "appropriate" for the national parks.

This language plainly implies that not all activities are appropriate for the park system, or put another way some are inappropriate. Moreover, the guidance implies that the potential list of appropriate activities should be extremely small.

It couldn't be more clear that conservation of park resources is the NPS' primary mission. Yet, despite Congress' intent, the NPS' belief in its dual mandate still persists. Why? 

Sadly, it's because the agency's actual approach to recreation management is far more lax than the law requires and some believe is an abuse of their discretionary authority.

A recent Freedom of Information Act (FOIA) request revealed the NPS has not completed even one system wide recreation review. Just as troubling the agency doesn't know of a single park that has ever conducted a comprehensive recreation review either. So, despite Congress' clear intent, it appears the NPS lacks even a basic understanding of recreation impacts.

Yet, this failure to fully investigate likely led to far more liberal recreation management than Congress intended. Sadly, with no information the NPS seems to conclude there is no problem, a kind of see no evil, there is no evil self-perpetuating management cycle.

Without a comprehensive recreation review it’s impossible for the NPS to say it’s complying with its legal mandates to leave park resources unimpaired for the enjoyment of future generations.

However, despite this lack of information the NPS nearly every year considers and accommodates new and arguably questionable recreation. In the meantime, the agency has no way of knowing the impact upon the system’s natural wonders and wildlife. Many ask where is the balance?

In 2016, the NPS will celebrate its 100 anniversary. The federal government is already making preparations to rightly celebrate what some have called "America's greatest gift to world culture." Early plans include public events across the country, with an emphasis being placed on reconnecting the people to their parks. Many argue this re-connection is necessary because the parks are losing relevance.

Hogwash! 

Last year the National Park System saw record visitation. Many individual parks like Montana's Glacier broke visitation numbers as well. Americans and the world love the national parks. Why? A case could be made it’s because national parks provide some of the last truly authentic experiences. They are places where one can escape the stress and hassle of everyday life and connect with something bigger.

Sadly, it appears the NPS has forgotten this simple fact, as it moves forward with plans to authorize an ever expanding list of questionable activities, partnerships, and events. Yet we shouldn’t forget the only reason we are able to debate the park system's relevance today, is because our ancestors put aside their short-term wants and desires and set it aside. 


The NPS’ upcoming 100th anniversary celebration is sure to include many parties, special events, and speeches in honor of its mission. Perhaps to truly honor its mission the NPS should bring actual balance to its management and conduct its first comprehensive recreation review. If it does, future generations are certain to thank us for our foresight. 


Sean Smith is a former Yellowstone Ranger, and an award winning conservationist, TEDx speaker, and author. He writes national park thrillers from his home in the shadow of Mount Rainier National Park. To learn more about his thrillers click here or follow him on twitter: @parkthrillers

Sunday, February 1, 2015

National Parks or Amusement Parks?

Navy Pier Amusement Park
Back in 2001, I was the lead author on a piece for the George Wright Society's Biennial Conference on the Park Service's struggle to get control of recreation, especially motorized thrillcraft.  Over the next several years, the agency created rules banning jetski from nearly every national park, Yellowstone specific winter regulations and ORV rules for parks like Big Cypress.

The Park Service created many of these headaches through a misinterpretation of the Organic Act.  The Park Service believes the law requires the agency to balance recreation and conservation. It doesn't. But even if it did, the Park Service's management of the "recreation vs. conservation" balance currently favors an ever expanding number of recreational pursuits.  Many of which do not need a park setting to enjoy.

In the George Wright piece, my co-authors and I note the battle to determine the appropriateness of jet skis, snowmobiles, and off-road vehicles in the National Park System is part of a much larger struggle over what type of vision will guide future of national parks like Yellowstone, Glacier, and the Everglades. Will our national parks remain those sites where America protects some of its most sacred ideas, hopes, and places, or will they be allowed to degrade into nothing more than amusement parks?  Sadly, even after 15 years the jury is still out on this question.