CODY -- Gov. Dave Freudenthal's planning office has taken issue with several proposed changes in winter use of Yellowstone and Grand Teton national parks.

The state is questioning the National Park Service's legal and reasonable ability to implement the proposed changes, which include closing Yellowstone's East Entrance during winter and requiring snowmobilers to have commercial guides.

In a letter faxed to John Sacklin, Park Service management assistant, state officials argued that proposed alternatives in a draft plan regarding winter use in the parks contradict the Organic Act as well as the expressed intention of Congress, which continues to fund the "establishment, maintenance and improvement of roads" in the parks and condone motorized travel in them.

The Organic Act of 1916 established the National Park Service.

"The Organic Act requires that national parks remain accessible to visitors unless the access would cause an impairment of park resources," state officials stated in their letter. "The Yellowstone Organic Act further requires that YNP be maintained as a 'pleasuring ground for the benefit and enjoyment of the people.'"

Wyoming natural resource policy analyst Temple Stevenson highlighted in the letter several issues about which the state says the Park Service has not used sound science or provided ample explanations. At question was the statement that if a winter use plan is not adopted by the 2007-08 winter season, Yellowstone will be completely closed to motorized travel.

"The NPS does not have authority to essentially close the Parks if the current planning process is not completed on time," Stevenson argued in the letter. "Wyoming does not support unregulated snowmobiling in YNP. Instead, Wyoming concurs with NPS' latter suggestion that winter use should continue at a level at least equal to the level of use permitted by the Temporary Winter Use Rules, if a final snowmobile regulation is not promulgated before next year's winter-use season."

Under the temporary park rules, up to 720 snowmobiles per day are allowed in Yellowstone, using clean-burning four-stroke engines and with commercial guides. The Park Service plan would retain those restrictions.

The insistence on guided-only snowmobile access to Yellowstone drew the concern of state officials.

They said the Park Service based that decision on the claim that "guiding leads to responsible wildlife viewing, fewer violations of park rules, and enhanced visitor safety," according to the state's comment letter. However, the governor's office believes these conclusions are not supported by Park Service-provided information, much of which is "alleged anecdotal observations by field rangers."

The state instead recommended that at least 25 percent of snowmobile entries should not require commercial guides and instead should be able to enter with non-commercial guides -- people who have taken the time to complete a Park Service-approved training program.

"A non-commercial guiding program would allow visitors who are comfortable enough at snowmobiling to explore YNP on their own schedule," the state letter said. "By eliminating the requirement that all visitors pay a commercial guide, YNP would be accessible to local visitors who may only want to tour YNP for a few hours several times a year, but cannot afford a guide fee each time they want to visit YNP."

In the letter, Stevenson also pinpointed discrepancies regarding the Park Service's conclusion that commercially guided snowmobile trips have less impact on natural soundscapes and air quality.

State officials also requested that the Park Service's draft plan alternatives be altered to allow greater access to Jackson Lake, as it is "an important aspect of the Wyoming Game and Fish Department's overall management of fish in Wyoming." Proposed alternatives limit daily access and require best available technology on all snowmobiles.

The governor's office's comments echoed previous sentiments from Park County regarding the draft winter use plan. Both the state and county used Missoula, Mont.-based Ecosystem Research Group to draft comments that were sent Friday to Park Service officials.

"Wyoming especially wants to emphasize the State's concern with closing the East Entrance," the governor's letter said. "There are numerous reasons not to close the East Entrance, not the least of which is the significant harm such a closure would impose on Cody's winter tourism economy."

"The National Parks, and especially YNP, need to be accessible to the people," the state's letter concluded.

The Park Service wants to close the East Entrance because of the danger of avalanches on Sylvan Pass, officials said.

Others comment

Other comments sent to Park Service officials included those from Park County Nordic Ski Association President Jan Hoar opposing the Sylvan Pass closure and its impact on area skiers. Hoar wrote that the current trail system would be cut in two and skiers would lose about six miles of tracked trails that loop into Yellowstone as well as 20 miles of skiable trails up Sylvan Pass.

"This (closure) will impact not only the recreational skiers but also the annual Cody High School Ski Meet which brings hundreds of racers to Cody each year," Hoar wrote. "Cross-country skiing into the Park from the East Gate is dependent on the snowmobile traffic to keep the park road groomed. Without trail grooming by the snowmobile traffic or the Park groomers, the majority of Park County skiers will never be able to experience the Park in the wintertime."

Park County commissioners included Hoar's comments as well as those from other local citizens concerned about the proposal to close the East Entrance in the county's final comments to the Park Service.

"There seems to be, across the board, outcry about the closing of the East Entrance and the lack of apparent interest on the part of the park service to keep it open," said Bucky Hall, commissioner chairman. "It's all budgetary for them, I'm sure, and I can understand that. But we're looking at budgetary issues on this side of the park."

Commissioners hope to meet with Park Service officials sometime in February to discuss the draft winter use plan more in depth and continue to keep the issue hot on their weekly agenda. A public comment period is expected later in March.