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Big news: Feds to consider allowing bikes on PCT

47K views 203 replies 76 participants last post by  Empty_Beer 
#1 ·
For the last two to three years a small group of us has been working to get mountain bike access to non-Wilderness sections of the Pacific Crest Trail. (About 60% of the PCT lies outside Wilderness.)

We have convinced the Forest Service that its 1988 closure order requires reconsideration.

As a result, the Forest Service is going to begin a rulemaking procedure, probably in March of 2013, to consider making the non-Wilderness parts of the PCT multiuse. This will involve public notice and comment.

When something similar happened with the Continental Divide Trail about four years ago, the Forest Service received about 8000 comments. The PCT reconsideration can be expected to generate even more controversy.

If the Forest Service decides to keep bikes off the Pacific Crest Trail, we can expect that closure to stay in place for the rest of our lives and maybe those of our children. If the Forest Service decides to open it, it will be revolutionary.

Stay tuned. We'll be looking for your help in coming months.
 
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#195 ·
Latest update - We finaly received the letter from the USFS....and it was as we expected

THE LETTER HAS ARRIVED

As expected, we have received a letter from the USFS, which can be effectively summed up in two letters: "NO"

Although not what we were hoping for, none of us here at the PCTRI are even remotely surprised by this, as it has been the anticipated response since our initial meeting with them. Let us be clear, that we are not by any means considering this a defeat. Quite the contrary actually, as our movement is gaining momentum. We are currently in the process of planning our subsequent actions and will be updating our site as we march forward.

We're still in the process of digesting the information contained within the letter, but one thing is clear: the PCTRI and the USFS continue to disagree on several fundamental points, and it may take a much higher authority to formally sort out our differences. Whether or not we want to pursue such avenues remains to be seen.

At this point, we're still in the planning phases and are continuing to add supporters of our cause with each passing day. We hope that you all continue to spread the word about the PCTRI and as always, we welcome your thoughts, suggestions and ideas. A copy of the letter has been posted to our history page, and can be found there or by clicking here: USFS November 2013 Reply
bottom line...this is a stalemate.

USFS has no interest in changing, nor do they have any real interest in enforcement (my opinion only).

from the Sharing the PCT FB page Moderator:
The issue may be decided, for a fraction of the cost, if a Forest Service employee encounters a mountain biker on the PCT and cites her or him, and she or he decides to bring the citation to court and challenge the legality of the closure. This page has hypothesized before that the FS might even be looking to cite a mountain biker so as to get to court and have a court put an end to this morass, one way or the other. Judging by its recent letter to PCTRI, the FS appears not to be happy about those Unabomber-style threats on PCT-L (the PCTA-affiliated discussion group) to sabotage the PCT and/or assault mountain bikers.

As this page has stated before, however, don't make yourself a guinea pig for a citation. With modern computerization of criminal record systems, even a misdemeanor conviction can present problems, such as not being eligible for a job you want or being unable to visit the United Kingdom or Canada. The closure could be legally valid-the FS says it is, anyway-so people should not defy it.
For more up to date discussion you can visit the Facebook page on this subject:
https://www.facebook.com/SharingThePct
 
#197 ·
Update:

response letter from the PCTRI quoted below from the "Sharing the PCT" Facebook page

Mr. Randy Moore
Regional Forester
U.S. Forest Service
1323 Club Drive
Vallejo, California 94592-1110

Re: Nonmotorized multiuse on the Pacific Crest Trail (PCT)-reply to your letter of Nov. 25.

Dear Mr. Moore:

Thank you for your letter of November 25.

We were disappointed, but not surprised, to read that you are not rescinding Regional Order 88-4 at this time. Still we are asking that USFS engage in a public process to consider an order or regulation that is consistent with current best practices and compliant with the Administrative Procedure Act. The 1988 closure order was created and signed by three Forest Service employees only after the Forest Service Chief declined to issue a regulation. We continue to believe that the Administrative Procedure Act calls for a public process to consider the regulation of trail use on the PCT.

The 1978 Code of Federal Regulations declaration, which provides that the PCT is primarily intended for foot and horse use, is not an impediment to reassessing the current use regime. We have no problem stipulating that the PCT is primarily intended for those historically established uses. As is the case with the Continental Divide National Scenic Trail, mountain biking can coexist alongside those primary uses. Mountain biking exists alongside horse and hiker use almost everywhere else, including on those tens of thousands of Forest Service trail and road miles to which your November 25 letter adverts.

Additionally, and beyond the questions of Administrative Procedure Act requirements and the application of the 1978 CFR provision, the Forest Service rightfully prides itself on its own participatory rulemaking processes. In the case of the PCT bicycle closure, there was not, nor has there ever been, a process that would meet Forest Service standards of practice. A cautionary, temporary rule has become established, but because of the lack of an adequate promulgation process, its legitimacy is tenuous.

We, like you, are saddened by the acrimony that has emerged over this issue. It continues unabated and no end to it seems in sight, judging by posts on the Internet. We pledge to you that for our part we will continue to conduct ourselves civilly and with a commitment to the community's good as we continue our advocacy.

We welcome the Forest Service's generous offer to "organize a professionally facilitated discussion in the coming year, with the goal of finding common ground for resolving disagreements" and your invitation to us to help locate a qualified facilitator. We are trying to find a facilitator that we can recommend, and we look forward to participating in the eventual conference or workshop. We will help create meaningful and productive dialogue at any meeting that does take place.

We feel very strongly that any such process should have clear goals, milestones and criteria toward planning and creating a national trails system that fairly and transparently reflects conservation and societal needs that have evolved since the current system and management practices were put in place.

Per your invitation, we will be in contact with [the] Regional Trails Program Manager, and/or [the] Pacific Crest Trail Program Manager, on these matters.

Sincerely yours,

PCTRI
 
#200 ·
Thanks for asking. As described above, the US Forest Service said "no" again in November 2013. But it said it would offer, as an alternative, to sponsor a conference or workshop with various interest groups to discuss the management of the National Scenic Trails System overall. The PCT is one of those trails (the Continental Divide Trail is another).

Such a public forum might lead to what we asked the Forest Service to do on its own (we also believe the law requires it): reconsider the no-bicycles rule on the non-Wilderness portion of the PCT that federal agencies manage. (There are reportedly about 300 miles of PCT not on federal land, and we don't know what rule or policy operates on them.)

The Forest Service invited us to propose a facilitator or moderator for the conference or workshop. We're working on finding suitable candidates. We're also gearing up to ask our fan base of some 1350 people on Facebook to tell us about portions of the PCT, not in Wilderness, that might work for a pilot program that we're going to press for despite the latest negative decision.

You can follow developments at two sites:

www.facebook.com/SharingThePCT

Sharing the Pacific Crest TrailHome » Sharing the Pacific Crest Trail

We must be doing something right, by the way, because the occasional threat of violence continues to emerge from the ranks of the this-is-mine PCT diehards, and the American Hiking Society is trying to raise $50,000 to counter our work. Here's just one forum among a bunch of them where you can see the roiling intensity of the continuing debate over mountain biking on the PCT (the title refers to Wilderness, but much of the talk is about the PCT, 60% of which is not in any Wilderness area):

NWHikers.net - View topic - Bikes in Wilderness - Let's Get Touchy Feely
 
#201 ·
Legally riding the PCT!



"A friend provided us with this photo of mountain bikers legally riding on the PCT in the early 1980's. The location is just a little North of Crystal and Basin Peaks, near Donner Summit in California. The photo accompanied an article written in the Sacramento Union about the growth of mountain biking in 1983, although the photo may have been taken in 1982.

We remain hopeful that one day, mountain bikers will again enjoy this segment of the PCT legally."

www.facebook.com/SharingThePct

www.sharingthepct.org <-----riders from CA, OR & WA ought to provide input on the section surveys!
 
#202 ·
So the Pacific Crest Trail Association appears to be working with the USFS to gain more power, control and management of the PCT, by working with them to create a "Management Area" for three National Forests the trail currently goes through (Inyo, Sierra & Sequoia -- the "early adopters"... more to come). In theory, this is something anyone could support as it does help with permanently protecting the trail corridor from development and extraction. But, giving the PCTA and their anti-bike stance more power is no bueno. They could literally rule that no MTB legal trails can cross the PCT (or get near the trail)!

So it's time for mt. bikers to write the Forest Service again and oppose this "Management Area" portion of the proposed Planning Rule. It's also a great opportunity to let your voice be heard by the USFS about this ridiculous ban on bicycles on the PCT.

Make comments here: https://cara.ecosystem-management.org/Public/CommentInput?Project=3375 -- Do this by Sept. 27!

See the details regarding the PCT starting on page 59 here.

Here are a few letters other trail advocates have shared:

#1
"The conservation of the Pacific Crest Trail (PCT) is very important to me. For this reason, I take great interest in the current proposal to establish special management areas such as what might be created along the PCT corridor so as to better care for the trail. However, I am loath to support any proposal that may perpetuate the unfair, inappropriate and unnecessary exclusion from the PCT of trail users who would like to experience parts of the trail by bicycle.

The 1988 temporary Closure Order that is the basis for the bicycle exclusion is badly outdated; reflects 25-year-old management practice; never involved significant public input; does not serve the long-term conservation goals for the PCT; and unfairly prevents a significant segment of the public from accessing any part of the public trail in a safe and sustainable manner. Preserving a 2,650-mile public trail for the exclusive use of a relatively tiny segment of the public is bad policy and it erodes public support for the trail.

Until USFS agrees to a transparent, public review of the 1988 Closure Order, it is very difficult to support efforts that may perpetuate the plainly outdated ban on bicycle access."
#2
"To the Decision Makers addressing the Inyo, Sierra, and Sequoia National Forests Land Management Plans:

As an avid outdoorsman and a lover of the gorgeous Sierras, I am pleased to see efforts to sustainably manage this magnificent natural resource. However, I must strenuously object to the codifying of the ill-advised ban on bicycle across these portions of the PCT (as well as non-Wilderness areas across the PCT as a whole)

The 1988 temporary Closure Order that initiated the bicycle ban is outdated; reflects an incomplete management practice, failed to include significant public input, and most importantly does not serve the long-term conservation goals for the PCT. Preserving a 2,650-mile public trail for the exclusive use of one or two user groups at the expense of an equally low-impact user group bad policy and it erodes public support for the trail. Until USFS agrees to a transparent, public review of the 1988 Closure Order, it is very difficult to support efforts that may perpetuate the plainly outdated ban on bicycle access.

I have hiked portions of the PCT and cycled adjacent trails which cross the PCT. The portions I hiked were perfectly suitable and sustainable as cycling routes. Moreover, the wording in the plan that implies the possible further removal of cycling access to key trails which cross the PCT is particularly disturbing.

Hikers often cite bad behavior by cyclists as a reason to perpetuate the ban. However, hikers and backpackers are more likely to build illegal fire rings, smoke in high fire danger areas, relieve themselves within close proximity of water sources, and cut switchbacks, thus creating new avenues for erosion. The point is that no one user group has exclusive claim to either vice or virtue and it makes no sense to ban one but not the other. Where trails are sustainably built, multiple studies, including those commissioned by the USFS, demonstrate the impact of cycling and hiking to be roughly equivalent and both to be far less impactful than equestrian use, which is given top billing in the plan. Cyclists impact hikers, but hikers also impact cyclists; there is no basis for placing one above the other. If you're still concerned about protecting the hiking experience at the expense of cyclists, please consider that 1,000 miles of the PCT's 2,600 mile length passes through designated Wilderness, thus still providing hikers and equestrians with tremendous opportunity for a bike-free experience.

Bottom line: Cycling should be allowed where it can be done suitably and sustainably, which includes some portions of the PCT. There is simply no rational justification for a blanket exclusion on all portions of the PCT to preserve the elitist experiences of a highly vocal, but no more equally valid user group. Please reconsider the perpetuation of the unfair blanket ban against this low-impact, conservation minded user group."
#3
"Dear Sir or Madam:

"I cannot support any proposal that may perpetuate the unfair, unenforceable, and probably unlawful putative exclusion of bicycle riders on the Pacific Crest Trail (PCT). It's unclear to me whether this plan does this, but if it does, count me against it.

The August 31, 1988 closure order that is the basis for the bicycle exclusion is properly deemed temporary under the Forest Service's own rules and regulations, and it expired long ago. It was promulgated by three Forest Service field personnel who typed up the closure order after the Forest Service headquarters rejected a request for a bicycle ban in 1987. Thereafter, in violation of the Administrative Procedure Act that the Forest Service is required by law to abide by, local Forest Service personnel let it become a permanent plan with no public notice or comment. And since the public wasn't aware that the plan was implemented with no opportunity for public input, it accepted it for the most part, until the Pacific Crest Trail Reassessment Initiative challenged it in 2010. (See Sharing the Pacific Crest Trail.) That Catch-22 (no notice, therefore no complaints until 2010) has been bad: bad for the law, bad for the PCT, and bad for public support for wildland conservation.

Additionally, the PCT bicycle ban is antiquated, reflects the minimal understanding of how to manage nonmotorized trails for multiuse of a quarter-century ago, does not serve the PCT's interests (the trail cannot be maintained with the small cadre of hiker volunteers who currently make themselves available), and unfairly prevents a significant segment of the public from accessing any part of the public trail in a safe and sustainable manner. Granting exclusive use of a 2,650-mile publicly funded trail mainly for the use of a few hundred through-hikers has resulted in public indifference about the trail, and its hundreds of miles of overgrown and poorly maintained sections are the proof of the pudding.

Until the Forest Service agrees to a thorough-going review of the 1988 closure order, one that complies with the Administrative Procedure Act by allowing public participation, attempts to put patches on the inadequate existing management scheme are a waste of time.

Certainly in the interim the Forest Service should direct its current and retired employees not to harangue mountain bikers who are on non-Wilderness PCT sections. Their presence there may be entirely lawful."
More chatter about this on the FB page: https://www.facebook.com/SharingThePct
 
#203 ·
The big issue here is the PCTA will be given the right to say how trails are used withing the PCT Corridor, this is a "PRIVATE" lobbying group how is it that they get veto power over trails that intersect the PCT. This means no new bike legal trails that cross the PCT, a trail that cuts this state and in fact the whole west coast in half. We could even loose access to trails leading up to the PCT, if adopted in Tahoe this could potentially impact trails like the TRT out of Big Meadows, Sayles, Bryant Meadows, Pony Express, DLRT.

This is a ******** backdoor deal going down as a way to shut out bikes, I think any letters should really focus on not allowing the PCTL to have a final say on trails within the PCT "Corridor"
 
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