Reposted from one of my other blogs. I'll be having a follow up to this in the next few weeks.
Some interesting
things came out of a recent story call “The Daily Bike: A Look at the
Ban on Wilderness Mountain Biking” in the Adventure Journal Newsletter.
First of all Mike Van Abel, the International Mountain Biking
Association’s President gave this quote regarding Mountain Bikes in the
Wilderness:
“So if we, as a
society see that as unjust, then we should change the law, but the
political reality is that most people—including a lot of IMBA members—do
not see the law as unjust.”
This
plays right into what I’ve been saying about the “Bikes on the Pacific
Crest Trail” issue. I feel that the majority of mountain bikers are
happy to have the PCT be a hiking and horseback riding trail as it was
intended.
Further down in the comments for the article, Mark Eller, IMBA’s Communication Director writes
“IMBA has lawyers
on staff and has consulted with top-tier law firms that specialize in
land use. Their recommendation has been, and continues to be, that a
lawsuit designed to end the ban on bikes in federal wilderness would be
unwise.
Why? Because
we could, and probably would, lose the suit—there is no law the federal
agencies are breaking when they decide to restrict bike access on lands
they manage. A defeat in federal court would establish legal precedent
and pretty much seal the deal.
That does not
mean that IMBA has given up on this issue. The key, we believe, is to
focus on a political and social remedy, not a legal one.”
To me it would seem to
be really hard to find a “political and social remedy” if as Mike Van
Abel suggested that a lot of IMBA’s own members do not find the law as
unjust.
IMBA has basically admitted that they are on the wrong side of the law.
So, why is IMBA doing
this. Well, it seems that they are just using the “Bikes in the
Wilderness” issue as a ploy to get other projects approved. Here is
another comment from Mark Eller:
"Obviously this has
not changed their minds on bikes and wilderness, but it continues to
yield good results in other areas, like an increasing number of federal
properties that are managed with mountain biking in mind.”
And officially, IMBA
doesn’t support Bikes in the Wilderness, which makes it even more odd
that they support bikes on the Pacific Crest Trail. Mark Eller recently
wrote the following in a email to me:
“We will continue
to work with our agency partners on the PCT issue, with the viewpoint
that their are non-wilderness segments of the trail that are suitable
for shared-use including bicycling. Mountain bikers successfully share
trail systems with hikers and equestrians across the nation and around
the globe. There is no reason why this could not be the case for
segments of the PCT.”
I wrote back to Mark
"How
about the law, isn't that a reason. The law clearly indicates that the
PCT is a hiking and horseback riding trail. And according to the forest
service who researched it, Bikes have never been allowed on the PCT."
Here is the the Federal Code (36 CFR 212.21) governing the PCT:
"The Pacific Crest
National Scenic Trail as defined by the National Trails Systems Act, 82
Stat. 919, shall be administered primarily as a footpath and horseback
riding trail by the Forest Service in consultation with the Secretary of
the Interior. The use of motorized vehicles may be authorized by the
Federal Agency administering the segment of trail involved when use of
such vehicles is necessary to meet emergencies or to enable landowners
or land users to have reasonable access to their lands or timber
rights."
As you can see from
the Federal Code, it specifically mentions the PCT being a footpath and
horseback riding trail. It doesn’t mention anything about mountain
bikes. So, just from the fact of exclusion, you’d have to say mountain
bikes were never intended to be on the PCT. But Mountain bikers say
that the word “primarily” means that mountain bikes can be on the trail.
But, I read the law as saying the exceptions meant by the word
“primarily” are that Motorized Vehicles can use the trail in cases of
emergency and to access land for timber harvest, etc. Again, mountain
bikes are not mentioned.
Mountain Bikers point
out that the Continental Divide Trail has the same language in its
Federal Code and it allows mountain biking. Well, that’s because the
CDT’s Advisory Council had changes made to the CDT’s Comprehensive Plan
that is more friendly to Mountain Biking. The Pacific Crest Trail
didn’t include any language like that in its Comprehensive Plan.
In 2009, the following change to the CDT’s Comprehensive Plan was approved by Congress.
"Bicycle use
may be allowed on the CDNST (16 U.S.C. 1246(c)) if the use is consistent
with the applicable land and resource management plan and will not
substantially interfere with the nature and purposes of the CDNST"
The Pacific Crest Trail
does not have that language in its Comprehensive Plan. But even if it
did, I still believe Mountain Bikes should not be allowed on the PCT.
If you read it, it says mountain biking could occur where it “will not substantially interfere with the nature and purposes of the CDNST.”
Mountain biking would more likely interfere with the purposes of the
Pacific Crest Trail than the Continental Divide Trail. That’s mainly
because of the population of the States involved with each trail. If
you add up the population of the CDT States, (New Mexico, Colorado,
Wyoming and Montana) it adds up to around 8 million people. If you add
up the population of the PCT States, (California, Oregon and Washington)
it adds up to 48 million people. To further that idea, the Continental
Divide Trail is 700 miles longer than the Pacific Crest Trail. So you
have 8 million people for 3300 miles of the CDT and have 48 million
people for 2600 miles of the PCT. So given the shear number of people
involved it would be more likely that Mountain Biking would interfere
with the PCT intended uses more than it would for the CDT. But again,
the PCT does not have that language in its Comprehensive Plan. Instead
it says
"The Pacific Crest
Trail traditionally has served horseback and foot travelers. This use
pattern, accepted by most visitors to the trail, should be continued."
The other key
difference between the PCT and CDT is that the PCT is a mostly completed
trail, whereas the CDT is far from complete. In fact, up until about
20 years ago when you hiked the CDT there was no designated route, you
simply hiked along the Continental Divide using whatever route you
liked. Now, there is more of a designated route for the CDT, but much
of it is on 2 track forest roads, not a real trail through the forest.
Whereas, the PCT is a completed trail that was designed and built for
hikers and horseback riders. The fact that it wasn’t built for mountain
biking is another clue that mountain biking doesn’t belong on the PCT.
One of several photos of 2 track roads being used for the Route of the CDT from Dan Susman's Hiking Blog
In the PCT
Comprehensive Plan there are drawings and trail designs showing hikers
and horseback riders on the trail. There are no drawings and trail
designs showing mountain bikers on the trail. Remember, this is the
“Comprehensive Plan” so they would not intentionally leave something out
that belonged on the trail.
The
PCT Comprehensive Plan has drawings illustrating how the trail should
be cleared for Hikers and Horseback Riders. There are no illustrations
of bikes in the Comprehensive Plan.
Now, let’s take a look
at what the Pacific Crest Trail Reassessment Intiative (PCTRI) has been
doing. PCTRI's big deal is disputing a 1988 Forest Service Order that
bans Mountain Biking on PCT. They claim the order is illegal or no
longer valid because the Forest Service didn’t follow correct procedures
with the order. They claim the Forest Service didn’t follow the rules
of the Administrative Procedure Act (APA). But here’s the deal. Not all
rules are required to go through the APA process. Rules that interpret
or clarify the Federal Code do not need to follow the APA process.
Obviously, the order clarifies that the PCT is a footpath and horseback
riding trail as the Federal Code states.
PCTRI has sent several
letters to the Forest Service and the Forest Service responded to them
twice. In the two letters the Forest Service stated that the 1988 ban of
Mountain Bikes on is perfectly valid. Forester Randy Moore writes
"The
continuation of Regional Order 88-4, which prohibits using or possessing
bicycles on the PCT, is consistent with legislation, regulations,
directives, the recommendations of the PCT Advisory Council, and the PCT
Comprehensive Management Plan. These authorities demonstrate that the
Pacific Crest National Scenic Trail was intended to be administered as a
footpath and horseback riding trail. The PCT was not planned or
designed for bicycle use, which has been prohibited since 1971 (National
Parks) and 1988 (BLM and U.S. Forest Service)."
Also, it appears that the Forest Service has researched the issue very in depth. Forester Randy Moore Writes:
"The primary uses
for the PCT were determined by the PCT Comprehensive Management Plan
(CMP) and are also found in 36 C.F.R. § 212.21, which states that the
PCT is to be used “primarily as a footpath and horseback riding trail.”
Since your initial inquiry, a complete review of the National Trails
System Act legislation, legislative history, regulations and policies,
PCT CMP, PCT Advisory Council Minutes, and agency correspondence records
has occurred. Our research documents a legislative and administrative
intent that only hiking and equestrian use were to be permitted on the
PCT. There is no evidence that bicycle use has ever been allowed on the
PCT."
PCTRI continues to
rehash the same old misleading statements. On their “Sharing the PCT”
Facebook page the have the following statement in their “About” section:
“It's time to bring cyclists back into the PCT community by reopening the PCT to all quiet human-powered uses.”
That’s a totally
misleading statement given the fact that Mountain Bikes have never been
allowed on the trail. How can you bring something back if it never was
supposed to be on the trail in the first place? Plus the law never says
anything about having “all quiet human- powered uses.” It says the trail is a “a footpath and horseback riding trail.”
So,
how did the Pacific Crest Trail become a hiking and horseback riding
trail? Well, Congress established an Advisory Council to figure out the
details of the trail when the PCT was authorized as a National Scenic
Trail. The Advisory Council decided that Hiking and Horseback Riding
was to be the approved uses of the trail. The Advisory Council
consisted of representatives from the 3 States the PCT goes through,
land agencies, and other interested groups. You have to remember that
this was back in the late 60’s and 70’s when Mountain Biking as a sport
didn’t even exist. The first commercially made mountain bike didn’t
happen until the late 1970’s or early 1980’s. The Advisory Council did
its job and disbanded. Then the Pacific Crest Trail Association was
created to be the volunteer partner for the trail.
One of the other
points PCTRI often seems to make is that the PCT is overgrown in places,
so adding mountain bikers will add more maintainers for the trail.
Well, the PCT is a 2600 mile trail, and try as hard as they can, the
Pacific Crest Trail Association cannot insure that every inch of the
trail is cleared. It is really unknown whether adding mountain bikers
will help keep the trail clear. Many volunteers that the PCTA already
has are dedicated to having the trail be a hiking and horseback riding
trail. Adding mountain bikes might discourage these volunteers.
Mountain Bikers already complain that hikers don’t help maintain current
“multi-use trails.” Perhaps hikers feel disenfranchised by multi-use
trails and would rather help maintain trails just for hiking, etc. The
PCTA organizes over 50 work crews during the summer, and they also have
local chapters that help maintain the trail.
Meanwhile, the Forest
Service has reported that 3 out of 4 trails within the Forest Service
Lands are not up to standards. Let’s see, Forester Randy Moore
mentioned in his letter to PCTRI that over 123,000 miles of trail within
the Forest Service are open to Mountain Bicycle riding. Now, if you do
the math on that, it means that over 90,000 miles of trail that allow
mountain biking are not up to standards. Mountain Bikers would be
better off helping maintain trails that they are already allowed on.
Otherwise, some of the unmaintained trails will just fade back into the
forest and will be taken off the maps. The Pacific Crest Trail has a
volunteer group (PCTA) that helps clear and maintain the trail. Some of
these other trails have nobody.
Furthermore, Mountain
bikers don’t seem to like it when somebody else takes over one of their
trails. In 2013, a new ATV route was constructed over the Missing Link
Mountain Biking Trail in Montana. Here is an excerpt from the Montana
Mountain Bike Alliance Facebook Page.
“It's a SAD day in
the Gallatin. The beloved non-system singletrack trail between Lick
Creek and Moser Creek known as The Missing Link is being replaced by an
ATV troad as per the direction of the Final Decision from 2007 Gallatin
N.F. Travel Plan. This corridor was identified by the Forest Service as
THE route for the expansion of the ATV system in Hyalite and a
groom-able ski route in the winter. Sadly there was no obvious effort to
retain the trail and find a separate route for ATVs. The trail
contractor was instructed to use the trail as the 'flag line' for the
ATV route so The Missing Link will be gone in a matter of weeks. In the
15+ years of use, the trail has never ridden better than it is right now
- If you can stomach it, go give it a final farewell ride - for its
days are numbered. R.I.P The Missing Link...”
So, Mountain Bikers
are saddened when one of their trails is taken over by a different user.
What’s the difference between ATV’s taking over a Mountain Biking
Trail, and Mountain bikers taking over a hiking and horseback riding
trail? Very little.
The bottom line with
the argument of PCTRI is just wrong. Is there anything wrong with a
trail just for mountain biking? I personally think there is nothing
wrong with building a trail just for mountain biking. Likewise, there is
nothing wrong with having a trail just for hiking, or just for hiking
and horseback riding. Mountain Biking is fundamentally different from
either hiking or horseback riding. It’s okay to have some trails where
all the users can share a trail. It’s also okay to have some trails
where only one use or a couple uses are allowed. Now PCTRI is trying to
raise $120,000 to $180,000 to change the laws to allow mountain biking
in the Wilderness and on the PCT. With that much money they could be on
their way to building a great trail system just for Mountain Bikes.
But, No, they’re proposing to waste the money trying to take over a
hiking and horseback riding trail. What a shame. Hikers and horseback
riders should be allowed to enjoy a trail in peace.
Feel free to discuss this blog on the "Preserving the PCT" Facebook page located here:
http://www.facebook.com/preservingthepct
Articles mentioned
The Daily Bike: A Look at the Ban on Wilderness Mountain Biking:
http://www.adventure-journal.com/2015/05/the-daily-bike-a-look-at-the-ban-on-wilderness-mountain-biking/#comment-1949059
Here’s an article about
the Forest Service’s Report on Trails being up to standards:
http://missoulian.com/news/local/report-of-u-s-forest-service-trails-fail-to-meet/article_b7a267de-e77a-11e2-8e64-001a4bcf887a.html
All other documents mentioned in this article can be seen here: https://sites.google.com/site/preservethepct/