DISCUSSION OF THE GRAND CANYON RIVER OUTFITTERS ASSOCIATION'S PRELIMINARY LEGISLATIVE PROPOSAL WITH RESPECT TO MANAGEMENT OF THE COLORADO RIVER CORRIDOR THROUGH GRAND CANYON NATIONAL PARK

In an effort to assist governmental and non-governmental stakeholders resolve several long-standing and controversial issues relating to the National Park Service's (NPS) management of the Colorado River corridor within Grand Canyon National Park, the Grand Canyon River Outfitters Association (GCROA) has put forward a preliminary legislative proposal, for discussion purposes only. This proposal, which would give the NPS the tools and direction it needs in order to move toward resolution of these difficult issues, is intended to begin a dialogue between the interested parties.

GCROA is receptive to feedback on this discussion proposal, and welcomes the opportunity to work with all interested parties to develop a solution that is acceptable to all. GCROA believes that a joint resolution reached through a cooperative effort and that provides for a fair and open public planning process, in which all interested parties, including those not a party to ongoing litigation, could participate, would be favorable to anything that might result from a narrow, adversarial courtroom proceeding. Our discussion proposal contains five elements. This document discusses what each element would do and what GCROA seeks to accomplish through each of these elements.

1. Mandate to Complete a Colorado River Management Plan Revision. The discussion proposal would direct the NPS to undertake and complete within three years a revision of the 1989 Colorado River Management Plan. An express purpose of this river planning process would be to address all questions of appropriate access to the Colorado River by all user groups and to implement any needed changes to the existing plan.

2. Provision Concerning Funds for a Colorado River Management Plan Revision. The discussion proposal would direct the use of up to $2.4 million in existing monies collected between 1995 and 2000 from government fees paid by the Grand Canyon's river running concessioners to support the planning process. Although there are conflicting views at the NPS with respect to the need to statutorily reprogram these monies in order to free their use for river planning at Grand Canyon National Park, in the absence of a conclusive determination, the statutory direction we suggest would simplify and speed the cumbersome agency process otherwise necessary to free this funding for the Park Superintendent's use for this purpose.

3. Direction to Consider an Increase in the Overall Level of Recreational Use. The discussion proposal would require the NPS to consider whether or not, through improved management, the current overall level of recreational use can be increased consistent with resource protection and visitor experience quality goals. This provision is designed to require the NPS to make a rational determination as to the appropriate size of the overall recreational river use allocation, a decision GCROA sees as a necessary precursor to any questions about how to apportion that use between the various sectors.

4. Interim Protection of Availability of Recreational River Running Opportunities. This element of the discussion proposal is designed to ensure that there is no interruption in the availability to the public of recreational river running opportunities in the Grand Canyon while the river planning process is ongoing. The proposal would protect against any interruption in the current river running program-both the professionally-outfitted and self-outfitted components-and ensure that the current river running concession contracts (all of which are due to expire at the end of next year) remain in effect until a new Colorado River Management Plan is implemented and new contracts are executed based on the new plan. By its terms, this direction would not go on indefinitely, but would expire once the Park has completed the river planning process according to the statutory deadline established and has executed new contracts based on the revised plan.

5. Temporary Limitation on the Elimination of Motorized Recreational River Running Opportunities. The discussion proposal would temporarily prohibit the significant reduction or elimination of professionally-outfitted motorized recreational river running opportunities in the Grand Canyon, unless the Secretary of the Interior first finds that the continued authorization of such use constitutes an "irreversible and irretrievable commitment" of Park resources. By its terms, this provision would sunset once Congress acts with respect to wilderness designation for lands within Grand Canyon National Park. Further, although we believe that the current level and nature of recreational motorized use is fully consistent with the protection of the unique values and resources of Grand Canyon National Park (and believe that there is no credible, objective evidence to the contrary), the proposal would provide the Secretary with full discretion to affect the level of, or even to eliminate, motorized use if she finds that continuing to allow such use results in an "irreversible and irretrievable commitment" of Park resources. The exact level, type and nature of any motorized use would be decided by the NPS as part of the required river planning process.

GCROA believes that congressional action is appropriate and may be needed in order to bring these issues to resolution. Further, GCROA believes that this preliminary discussion proposal provides a worthy approach that can open up a dialogue between concerned stakeholders that may lead to a legislative proposal broadly supported by the various parties. GCROA looks forward to the opportunity to work with all concerned parties to reach a satisfactory resolution to the outstanding issues concerning the management of the Colorado River through Grand Canyon National Park.