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Mountain Biker/Attorney Argues For Making Wilderness Safer

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Was the author of a New York Times op-ed piece on the dangers of unsigned wilderness areas really worried about signage, or was he really forwarding an argument to lessen the rules for managing wilderness areas?

And if it's the latter, was he doing so because he wants to be able ride his mountain bike in officially designated wilderness? To explore that question, you need some background. But first let's look at the current furor.

The piece by Ted Stroll caught some fire on the Internet, both for his views on how wilderness areas can be made safer -- Signage, please! -- and for his unidentified ties to mountain biking.

Here's what Steve Casimiro had to say on The Adventure Life blog under the headline, NYTimes Opinion is Wrong on Wilderness:

“The Forest Service has become increasingly strict in its enforcement of the Wilderness Act,” writes attorney Ted Stroll on the opinion page of today’s New York Times. On the face of it, that sounds like a pretty darn good trend. But not to Stroll. Here’s the whole sentence: “Despite the millions of people who have visited the country’s national parks, forests and wildernesses this summer, the Forest Service has become increasingly strict in its enforcement of the Wilderness Act.” And how exactly is that bad?

Almost everything about Stroll’s opinion is wrong. His core argument is that wilderness should be made more accessible and user friendly, as if wilderness is a city park that needs handrails for the elderly. As example, he cites signs that were put into place along the Kekekabic Trail in Minnesota after a skier became lost and died in 1970. The years went by and the signs faded, but the Forest Service refused to replace them, saying that they weren’t appropriate in wilderness.

Can I hear an “amen”? The Forest Service got it right. To Stroll, it’s a travesty that 38 years later two more backcountry users got lost on the Kekekabic Trail and nearly ran out of food. There should have been signs! And maybe a Taco Bell!

And on Best of the Blogs, they had this to say:

What the NYT doesn't tell you is that Stroll is an active, even activist, member of the International Mountain Biking Association. But, if you Google, you'll find other articles like this.

One question that arises from this is whether the Ted Stroll who wrote the op-ed piece is the same Ted Stroll who back in 2004 wrote a 26-page examination of Congress's Intent in Banning Mechanical Transport in the Wilderness Act of 1964 for the Penn State Environmental Law Review (attached), a treatise that the International Mountain Bicycling Association carries on its website under its "Land Access and Protection" section. If so, it would add some strong foundation to understand where he's going with his op-ed piece.

In that 2004 writing, Mr. Stroll argued that the growing amount of officially designated wilderness in the country had "added to the tension over the scope of the activities that may be pursued in Wilderness areas. The combination of technological advances in recreation and continued expansion of Wilderness areas makes resolving the mechanical transport question crucial."

Really?

While Mr. Stroll in that review ticked off a number of mechanical objects that already are carried into wilderness areas -- fishing reels, oarlocks on rowboats, and even anti-shock hiking poles -- he stressed that, "(T)he most pressing issue involves the mountain bike. Federal agency prohibitions of bicycle use in Wilderness have created a standoff between many mountain bikers and proponents of expanding Wilderness. Mountain bikers worry that every proposal to enlarge the nation's Wilderness inventory means the loss of trails they have traditionally ridden. This has made it more difficult to pass legislation creating additional Wilderness areas. In addition, many mountain bikers are perturbed that other forms of mechanical transport (arguably less in keeping with the Wilderness ethic) are permitted in Wilderness while mountain bikes are excluded."

He also wrote in that article that "(B)ecause exploring rugged Wilderness terrain by bicycle is physically taxing, it is safe to conclude that only intrepid mountain bikers will be attracted to the venture. Thus, the character of Wilderness is likely to be observed and respected. Mountain bikers capable of navigating Wilderness are among 'those rugged few who seek the solitude of these areas.'"

So which is it? How much "tension" can be created over wilderness uses, and how "pressing" can this issue be, if there are only a "rugged few (mountain bikers) who seek the solitude of these areas"?

Now, in his latest argument for more wilderness access, Mr. Stroll doesn't so overtly jump on his mountain bike. Rather, he suggests that not only are wilderness areas too dangerous because federal agencies don't properly sign the backcountry, but that federal land managers, due to the Wilderness Act's limitations, "have made these supposedly open recreational areas inaccessible" and "in opposition to healthy and environmentally sound human-powered activities..."

Despite the millions of people who have visited the country’s national parks, forests and wildernesses this summer, the Forest Service has become increasingly strict in its enforcement of the Wilderness Act. The result may be more pristine lands, but the agency’s zealous enforcement has also heightened safety risks and limited access to America’s wilderness areas.

Again, I have to ask, "Really?"

Mr. Stroll argues that the authors of the Wilderness Act never envisioned today's recreational toys: the modern mountain bike and kite-skiing are two he mentions. That might be so. But they also didn't envision ATVs, Segways, or personal watercraft. Does that mean that the act, which was intended to preserve natural vestiges of the country, should be malleable throughout the future, bending and changing to each generation's toys?

Let's remember some of the key definitions of wilderness as contained within the Wilderness Act:

(c) A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.

And let's put a little perspective on how much wilderness there really is. While Mr. Stroll worries about the growing amount of officially designated wilderness in the country, since 1964, when the act was passed, the amount of that wilderness has grown to encompass just 109,494,508 acres in 44 states. And, more than half that total -- 56 million acres -- is in Alaska.

According to the folks at Wilderness.net:

Overall ... only about 5 percent of the entire United States—an area slightly larger than the state of California—is protected as wilderness. Because Alaska contains just over half of America's wilderness, only about 2.7 percent of the contiguous United States—an area about the size of Minnesota—is protected as wilderness.

Mr. Stroll tries to raise an interesting argument. Not the one about signage. The one about mechanical devices in wilderness areas. But in doing so he seems to take a liberty or two with the wording of the Wilderness Act. In his 2004 article he wrote that "(T)he Act's prohibition, moreover, is not limited to the mechanical transport of humans. It forbids the mechanical transport of anything, and so devices like fishing reels, wheelbarrows, and game carts also may fall within the Act's ambit."

However, how much of a stretch is it to connect a fishing reel to the mechanical transport of anything, unless he's suggesting it's transporting fishing line? Beyond that, the act's language is quite clear that the prohibition is against mechanical transport of humans: there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.

Why so much debate over retaining 2.7 percent of the Lower 48's land mass as wilderness as pure and pristine as possible? Shouldn't that be a gift not just to ourselves, but to future generations? What's the need, in light of all the other landscapes open to mountain bikes, to have wilderness areas thrown open to mountain bikes so their riders can travel farther, faster, and with a heavier footprint on the landscape than my two booted feet?

In his 2004 article, Mr. Stroll claims, in a footnote, that "(N)ot only does (a mountain bike) not dominate the landscape, but it also does not cause changes in the natural condition of land beyond those temporary surface marks left by a tire and, like shoeprints or hoofprints, washed away in the next rain or soon erased by wind."

If that were only true. On the dual-use trails that I've hiked or run on the majority of bikers certainly dominate hikers by failing to yield and where their bikes create ever-widening bends where cyclists take wider and wider turns, their tires scraping off more and more layers of soil, and along some straightaways there are deep V-shaped grooves from tires. While International Mountain Bicycling Association officials maintain these trail problems can be addressed with proper trail construction, how would they propose to "properly construct" all the miles of backcountry wilderness that mountain bikes might reach?

Somewhat curiously, in his response to Mr. Stroll, Mr. Casimiro argues that "(T)he political problem with wilderness is its absolute nature."

But is that "absolute nature" a problem -- or rather a wonderful sanctum -- in today's increasingly developed world? To soften that absolute nature, Mr. Casimiro suggests that "we can and should define degrees of wilderness."

Haven't we already done that? There are hundreds of millions of acres, overall, managed by the U.S. Forest Service, the U.S. Bureau of Land Management, and the National Park Service, and within that vast landscape there are countless areas open to mountain bikes and even more mechanized toys. That number grows when you consider state and local parks and recreation areas. Only the most pristine acres ever earn official wilderness designation.

And there are more than a few long-distance trails for mountain bikers to enjoy: The 142-mile Kokopelli's Trail; the 100-mile-long White Rim in Canyonlands National Park; the 500+-mile-long Colorado Trail; the 300-mile-long John Wayne Pioneer Trail; the 280-mile Kettle Valley Rail Trail. And that's a good thing.

But we also should leave some landscapes to our two feet or our paddles. These places and their components are hallowed ground -- the deep forests, high alpine areas, raging rivers, seemingly featureless deserts -- in no small measure because of the overall lack of these protected areas.

The current ban against mountain bikes does not deprive bikers of that wilderness experience nor that environment. It just requires them to walk with the rest of us.

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Comments

Danny,

One can ride a bike, want a few signs and a rescue helicopter once in a great while and have solitude. They're not exclusionary concepts.


I was certainly surprised by the use of the word "just" 109 million acres of wilderness and the phrase "only" 5% of the United States (equal to California!) and "only" 2.7% of the contiguous U.S. (equal to Minnesota!) as protected and designated wilderness.

So, I decided to do a little bit of research and came across the following study on Land Use in the United States from the Dept. of Agriculture:
http://www.ers.usda.gov/publications/EIB14/eib14.pdf

Here are some highlights from the abstract...

The United States has total land area of nearly 2.3 billion acres. Of that:
-651 million acres (28.8%) are forest-use (excluding Parks and wilderness)
-587 million acres (25.9%) are grassland pasture and range land
-442 million acres (19.5%) are cropland
-297 million acres (13.1%) are "special uses" (242 million for parks and wildlife areas)
-228 million acres (10.1%) are "miscellaneous uses" (includes some "rural residential", and other unprotected tundra, desert, and wetlands)
- 60 million acres ( 2.6%) are urban land uses

So, if you only consider the forest-use, Parks and wildlife areas, and generously include all "miscellaneous use", you get 1.121 billion acres. The 109 mllion acres of wilderness then becomes over 10% of the "natural lands" of the United States.

I am a supporter of wilderness, and am glad that we have the National Wilderness Preservation System. At the same time, I think the enthusiasm for creating as much designated wilderness as possible, has to be tempered by a couple of factors:
- the concept of a wilderness is in some sense inherently hostile to frequent and regular visitation... for that reason, I don't think wilderness is appropriate anywhere and everywhere in the National Park System where it is feasible, as the National Parks are supposed to be, at least in part, "for the benefit and enjoyment of the people"
- wilderness areas are often, by their inherent nature, inaccessible to many persons with disabilities, as well as to many older Americans
- wilderness areas may also provide barriers to enjoyment by Americans in lower income brackets who may not have access to much of the latest backpacking equipment, or to Americans who have not yet developed a great deal of outdoors experience

Again, all this is not to say that we should have *no* wilderness. Far be it! Indeed, I strongly believe that having preserves of wilderness in this country is a very good thing.

But back to the issue at hand, I think the issue may almost come down to one of semantics - and perhaps the perceived existing flexibility of Federal land designations. First, I think we can all agree that mountain-biking should not be completely banned in the United States (or at least I hope we can all agree on that!) Secondly, I hope we can all agree that mountain-biking provides a unique outdoors experience, one that is inherently different from hiking, and one that is inherently different from off-road vehicles (biking is clearly far more active).

It seems easy to me that some areas of land could preserve a very high degree of wilderness characteristics if they were open to current wilderness uses *and* recreational mountain-biking. On the other hand, it does not seem obvious to me that the only places where mountain-biking should be permitted are those places with motorized off-road vehicling is permitted - or other places that are otherwise deemed inherently unsuitable for wilderness designation.


Sabattis, thanks for the find. Reading the study, I believe that the proper read is:

National and State parks and related recreational areas, national and State wildlife refuges,and national wilderness and primitive areas: 100M acres in the lower 48, 242M acres for the whole country.

So basically, mountain biking is excluded from over 50% of all recreational land in the lower 48, and that does not take into account the local restrictions. It's even worse than I thought!!


Sabattis,

Doesn't your point about measuring the 109 million acres of wilderness against the *remaining" natural lands actually lean in favor of wilderness designation and protection? After all, the figures you cite demonstrate that we've already lost half of the natural lands in the country to development, making it even more important to preserve what little is left, no?

And still, even if "over 10 percent" of the remaining natural lands are protected wilderness, the flip side is that "nearly 90 percent" of remaining natural lands are not protected as wilderness.

I'd also be curious to see how many of those 1.121 billion acres of that "forest-use, Parks and wildlife areas, and generously include all "miscellaneous use" are open to recreation in all its various forms.

Beyond that, I would argue that official wilderness is preserved, foremost, for preservation's sake, not for recreation's sake. Parts of it will always be inaccessible to various groups depending on their abilities. Does that make it wrong to preserve those places?

As to your other points, I don't think anyone is arguing against eliminating mountain biking as a form of recreation on public lands. I've enjoyed it myself and would be disappointed to see a total ban.

I also would argue that there is flexibility in current land-use management, both state and federal. And I also would argue that on many of those lands -- Forest Service, BLM, Park Service, and state and local -- that are open to mountain biking you can find wilderness-quality characteristics and experiences.

Zeb,

I'm trying to follow your math, but I'm struggling (perhaps because the coffee is still perking). I looked at that report, and see where you pulled 100 million acres and 242 million acres, but I wonder if those should really be 1 billion and 2.4 billion, as the figures are cast in "million acres." Even then, I don't see where there's a breakdown of how much of that acreage is closed to mountain biking and so don't see how you reached your conclusion that 50 percent of recreational land is off-limits to mountain biking. After all, just because a place is labeled "national" or "state" park, refuge, etc, doesn't mean biking is excluded.


Kurt,

I simply looked at the table 1 on page 4 and it is in million of acres, so 100 would be 100 M acres.
You stated earlier that approx 53M acres of wilderness were in the lower 48, and all those are closed off to bicycles, hence my 50% comment (i.e. 53/100). My high level % does not take into account other exclusions (i.e NPS and other local agencies especially in CA).

Personnally, it seems that 50% is a bit high, but I suspect that the real number is somewhere north of 20%, and obviously growing since there is no end in sight to the growth of wilderness.


I have knees that are arthritic, and I cannot hike more than 4-5 miles at a time without it becoming painful. If I were given the chance to mountain bike in a wilderness, I could go much farther, because there is less impact on my knees. Llamas and horses have more of an impact than bikes on designated trails.


If a sign is "necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area)"

To say that the suggestion an agency place signs in certain locations is a wedge that will allow mountain bike in the wilderness is a ridiculous leap.

I see the USFS using wilderness designation as great excuse for a lazy district to not to put in the effort to post signs at troublesome trail junctures.


Zeb,

The line in the table on page 4 that you're referencing refers only to "National and State parks and related recreational areas, national and State wildlife refuges,
and national wilderness and primitive areas."

It does not include another 98 million acres of "forest land in parks and other special uses," 425 million acres in Forest-use Land that is not grazed, and some unknown amount of 723 million acres that is "bare rock areas, desert, and tundra..."

What cannot be discerned from this table is how much of that acreage -- your initial 100 million figure or the other 1.2 billion acres -- is open or closed to biking.


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