Famous National Park Singletrack Closed to Mountain Biking

IMBA Trail News
Volume 15, Number 2
Early Summer 2002

Systemwide Trail Closures Threatened; IMBA Responds

The Cactus Forest Trail, a popular, 2.5-mile singletrack in Saguaro National Park in Tucson, Arizona, was closed to bicycle use April 15 by a technical management compliance issue. Other significant trails in National Parks and National Recreation Areas around the U.S. could soon suffer a similar fate and remain closed for months - even years - while environmental assessments of mountain bike use are conducted.

The Cactus Forest Trail closure was prompted by the threat of a lawsuit from Public Employees for Environmental Responsibility (PEER), a government watchdog organization that monitors federal agency decisions. Acting on the impetus of retired Park Service staff member Frank Buono of Prineville, Oregon, PEER contends that the National Park Service didn't comply with its regulations when it opened the trail to bicycle use more than decade ago.

PEER is pressuring the National Park Service to ban bicycle use on the trail until stringent decisionmaking procedures are completed and conclude that bicycle use is benign. PEER has also asked National Park Service Director Fran Mainella to investigate alleged NPS mountain bike regulation violations at Mammoth Caves National Park (Kentucky), Olympic National Park (Washington), Delaware Water Gap National Recreation Area (Pennsylvania-New Jersey), Grand Canyon National Park (Arizona), and Redwood National Park and Santa Monica Mountains and Golden Gate NRAs (California). As this issue of IMBA Trail News went to press on May 16, the status of mountain biking in all of these NPS-managed areas - and others - was in question.

IMBA has taken swift action on a variety of fronts. We filed an immediate letter of protest with NPS Director Mainella. We met with deputy NPS Director Randy Jones and associate Intermountain Region Director Mike Snyder. Our Arizona leaders conferred with acting Saguaro National Park director Jim Bellamy and with their U.S. Congressional representatives. IMBA engaged the prominent Washington, DC, law firm Hogan & Hartson to help us push for immediate administrative relief and also evaluate legal remedies if quick action isn't taken that reopens the Cactus Forest Trail and keeps other NPS trails open to mountain biking.

The Technical Issue

The Cactus Forest Trail opened to bicycle use in 1991 when Saguaro was still a National Monument. The opening was preceded by a series of public hearings. After a formal, one-year trial period revealed no resource damage or significant trail user conflicts, the trail gained full status. When Saguaro became a National Park in '94, the Cactus Forest Trail became the first National Park singletrack open to bicycle use. According to Saguaro National Park staff members, the trail has continued to work well for all users, including bicyclists.

Thanks to IMBA's leadership and the energetic work of IMBA-affiliated clubs, mountain biking opportunities have been taking shape at a variety of other National Parks and NPS-managed National Recreation Areas.

PEER is questioning the National Park Service's compliance with 36 CFR 4.30 - an NPS regulation that was established in 1987. It calls for an elaborate, cumbersome series of actions to precede the opening of any NPS trail to bicycles. The steps include: writing a formal proposal and publishing it in the Federal Register, review by NPS lawyers, regulators, and then by the Director of NPS followed by the Secretary of the Interior, a public comment period, a second trip up the bureaucratic ladder to the Secretary, and re-posting of the final rule in the Federal Register. The proposal may also be reviewed by the Office of Management and Budget.

NPS staffers have described the trail opening process mandated by 36 CFR 4.30 as lengthy, expensive, staff-intensive and unnecessarily elaborate. One park planner told IMBA that NPS headquarters staff in Washington discouraged him from beginning this procedure because of the cost and personnel requirements. After considering these factors, most National Parks seem to have acted independently - though carefully - in creating riding opportunities, which in almost every case, are offered on only a small percentage of trails.

IMBA believes that 36 CFR 4.30 is fundamentally unfair because it overlooks impact data and treats bicycle use in a categorically more restrictive manner than hiking and horse use.

IMBA Responds

IMBA views mountain biking as a National Park solution. Bicycling gets people out of their cars, away from congested roads, parking lots and trailheads, and out into the fresh air. Mountain biking improves the quality of park visitor experiences and counters the societal trend toward obesity.

Mountain biking on Park Service dirt roads, doubletrack and appropriate trails works well. It hasn't threatened park resources or created significant user conflict. IMBA is ready to provide technical and volunteer assistance to NPS units that are interested in improving their off-road cycling opportunities.

While it may be true that not all parks underwent the exact rulemaking process mandated by the Code of Federal Regulations, every National Park unit that now welcomes mountain biking took a careful series of steps in establishing these opportunities, including providing opportunities for public input. These steps satisfy NPS regulations.

Next Steps

IMBA is working to quickly reopen the Cactus Forest Trail and maintain access to other existing NPS bicycling paths, while (and if) the trails are reassessed. We believe that none of these trails can legally be closed now without a thorough review process that includes public comment and proper rulemaking.

Hogan & Hartson is now representing IMBA and the time-tested interests of mountain bikers in National Park units. Hogan and Hartson is working with IMBA to 1) reverse the Cactus Forest Trail closure in Saguaro National Park; (2) make sure that the Park Service doesn't curtail other mountain biking trail opportunities throughout the National Park Service system; (3) change the Code of Federal Regulations to revise or eliminate the cumbersome trail designation process for mountain biking opportunities.

IMBA is determined to maintain reasonable trail access for mountain bikers in National Park units. We are committed to shaping a revised, equitable regulation governing the process of creating National Park bicycling opportunities. We are continuing to work toward a long-term Memorandum of Understanding between the National Park Service and IMBA that will support off-road bicycling projects and preserve public land for future generations. We may soon ask all IMBA members to contact the National Park Service to support our position on this important issue and encourage the agency to treat bicycling fairly and consistently. Please visit imba.com for the latest information.