As a former wilderness manager for the feds,
I’d like to speak to the issue of bikes in wilderness areas
(HCN, 3/3/03: Get off and walk — wilderness is for
wildlife).
Bicycles were never permitted in the National
Wilderness Preservation System by the 1964 Wilderness Act or any
subsequent designation legislation. It’s understandable,
however, why there is some confusion on the issue.
On
March 9, 1982, the Forest Service — under pressure from the
nascent mountain bike community, I suspect — sent direction
to wilderness managers to suspend the enforcement of the federal
rule — 36 CFR 261.16(b) — which prohibits “possessing
or using a hang glider or bicycle” in wilderness areas. “During the
last CFR revisions we intended to remove ‘or bicycle’
but the change did not get effected,” wrote Associate Deputy Chief
J. B. Hilmon.
The “or bicycle” language was never
removed, however. On the 17th of February, 1984, Hilmon again wrote
to Wilderness Managers: “After careful examination of the
Wilderness Act and its legislative history, we are certain that
Congress intended that bicycles be excluded from
wilderness.
“Section 4(c) of the Wilderness Act, (Public
Law 88-577), states, ‘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.’ … The
legislative history of the Act indicates Congress intended that
travel within these special areas be by primitive means, i.e.,
foot, horse, or canoe, except when otherwise permitted by specific
legislation. Based on the law, bicycles have always been prohibited
in National Forest Wilderness units.”
Hopefully, this will
end this particular bit of mythology on the part of my
mountain-biking buddies.
Woody Hesselbarth
Fort
Collins, Colorado
This article appeared in the print edition of the magazine with the headline Bikes have never been legal in wilderness.
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