The GSMNP is an International Biosphere Reserve, LPP,
p.6, and so “protection methods should be commensurate with the level of protection needed by an International Biosphere Reserve.” LPP, p. 12. In addition, the GSMNP has been recognized as a World Heritage Property under the World Heritage Convention. http://www.cr.nps.gov/wor1dheritage/rsm.htm (last accessed October 20, 2004). As such, the United States has obligations under treaty. U.S. Const. art. VI, 2 (“Treaties.. .shall be the supreme law of the Land; and the Judges in every State shall be bound thereby”).

As a World Heritage Property, the United States is bound to take the appropriate legal, scientific, technical, administrative, and financial measures necessary for the {...] protection, conservation, preservation, and rehabilitation of that Park. 36 C.F.R. 73.1 3(a)( 1) (2002). The NPS must retain “all existing and proposed administrative measures, including management plans, that would ensure continued satisfactory maintenance of the property and its environment.” 36 C.F.R. 73.13(b)(2)(ii). This is particularly instructive because in nominating the Great Smoky Mountains National Park for the World Heritage list, the Department of the Interior stressed the size of the park's protected areas, the fact that these large tracts supported significant ongoing biological evolution, and that the gene pool protected by the large tracts set aside was of a value beyond calculation. The Park Service must use “appropriate legal, scientific, technical, administrative, and financial measures necessary for the identification, protection, conservation, preservation, and rehabilitation of properties of outstanding universal value,” as indicated by the World Heritage designation. 36 C.F.R. 73.13(a)(l).

“Great Smoky Mountains is a unique site of outstanding universal value and is nominated to the World Heritage list under Natural Criterion (ii) as an outstanding example representing significant ongoing biological evolution, and under Natural Criterion (iii) as a property which ‘contains superlative natural phenomena and features of exceptional natural beauty.'”

“With respect to Criterion (ii), Great Smoky Mountains National Park harbors the largest remaining remnant of the diverse Arcto-Tertiary geoflora era in the world. This primitive angiosperm flora is believed to have spread continuously from Asia through the Bering Strait and North America to Europe when the continents were connected. Temperate forests with these elements flourished 40 to 60 million years ago and have become gradually restricted ever since. Remnants are now restricted to eastern North America and Asia. No other existing tracts are of comparable size.”

“The park is of sufficient size to provide self-perpetuating biological opportunities.”

“With respect to Criterion (iii), the Great Smoky Mountains national park is world-renowned for the diversity of its plant and animal resources, the beauty of its ancient mountains, and the depth and integrity of the wilderness sanctuary within its boundaries. The significance and integrity of those resources is evident in the park's status as the core unit of one of America 's international Biosphere Reserves.”

“The centerpiece of natural diversity is the plant community of the park,..

“Heavy precipitation and numerous streams make the Great Smoky Mountains the habitat of a large variety of amphibians. Included are 27 species of salamanders, representing the most diverse salamander fauna in the world. The plethodontid or lungless salamanders are believed to have evolved in this terrain, where stream habitat would have selected against buoyant lungs.”

“Many plant and animal species which are uncommon, endemic, or exist outside the park only as fragmented populations, are preserved here in perpetuity, thus giving long-term research opportunities not assured elsewhere. They are essentially free from major human interference, interruption by roads, and impairment by such things as housing areas or industrial developments. The value of the gene pool thus protected is beyond estimation.”

The resulting strip between the proposed road and Fontana Lake will be too narrow to support the same rich biodiversity the undisturbed expanse of park now supports. Movement of animals and plants will be restricted and this isolated strip will suffer a continuing sharp degradation as good habitat. Severance by road thus reduces the area of the park that now possesses the wholesome natural state touted in the World Heritage nomination. This impact has not been mentioned in the study process.

As global citizens we are concerned for impacts to the Trail and beyond, especially due to the world-wide significance of the GRSM, as is documented by its status as an International Biosphere Reserve and World Heritage Site.

Much of this nomination hinges on the areas roadless, unfragmented, and wilderness character. It is readily apparent from conservation biology, ecology, and other scientific disciplines that building a road that fragments the largest roadless area within Great Smoky Mountains National Park (not to mention the entire Southern Appalachian mountain) constitutes degradation and impairment of its evolutionary potential.

This resource or value is identified as a goal in the park's general management plan or other relevant NPS planning documents. The park's roadless and wilderness values are recognized in the General Management Plan, in the above quoted World Heritage nomination, and in numerous other NPS documents, including the FY 2005 Annual Performance Plan.

The GMP specifies Natural Environment Type I Subzone management for portions of the park recommended for wilderness (including most of the north shore area that is being considered for a road). The GMP specifies for this management type: The classification incorporates most of the area recommended by the National Park service in 1974 revised in November 1979) for inclusion in the National Wilderness Preservation System. The GMP continues: In this subzone, visitor uses and park management practices are to be of a transient nature and nonmotorized except in extreme emergencies involving either human safety or critical resource protection needs.

The World Heritage Nomination implies long-term and continuing maintenance of the values and resources enumerated inconsistent with changes in management that approval of road building would entail.

The FY 2005 Annual Performance Plan sets as a Performance Target: By September 30, 2008, 362910 acres (93%) of recommended wilderness will meet wilderness character objectives.