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Trail Riding, Land Use
and Zoning — Action Alerts
BCHA Negotiates Solutions to Keep
Trails Open Nationally
Equestrian News Release
Since 2004, Back
Country Horsemen of America (BCHA) has struggled to make the US Forest
Service aware of the impacts that their proposed trail classification
system would have on all horse use of trails. An interim final rule on
the Trails Classification System recognizes that the Forest Service has
listened to BCHA and has attempted to resolve those concerns. As a
result of a meeting held in Montana on October 6-8 with the Forest
Service and a variety of other user groups, it is apparent that BCHA has
not only renewed and strengthened their partnership with the Forest
Service, but it has also gained the understanding of the other user
groups attending.
Largely as a result of BCHA's 2005 litigation and negotiations on the
new system, opportunities that recreational riders had before the
historical system was changed in 1999 have been preserved. This will
help keep public lands open for recreational horseback riding, which
goes to the heart of BCHA’s mission.
Background:
Through much of the twentieth century, pack and saddle stock provided a
primary means of transportation in our Nation's backcountry and
wilderness. The wildland trail system was constructed by horsemen for
horsemen. The historical three level system – mainline, secondary and
way – developed by the US Forest Service prior to 1915, has served
backcountry travelers well.
In the mid to late 1980s US Forest Service trail specialists from around
the country met to review their trails handbook. They determined that
mainline, secondary and way were not “visitor friendly” and changed the
classification nomenclature to “easy, more difficult and most
difficult.” The design guides or standards, however, remained unchanged
until a small team of agency personnel overhauled the system beginning
in 1999.
During the period 1999 to 2004, Forest Service field personnel were
directed to inventory the existing trail system using guidelines in the
new trail classification system.
BCHA heard rumors of the change, but was unable to learn the specifics
until an internal draft fell into their hands in late spring of 2004.
BCHA reviewed the draft and determined that the changes could have
profound effects on traditional horse use.
The public was not involved in the process! No explanation of the “need
for change” was given, no alternatives were considered, and there was no
analysis of “effects” of the change on historic uses.
Even though the change could profoundly impact traditional trail use,
the agency steadfastly insisted that the changes were within their
discretional authority and it had no obligation to involve the public.
After several unsuccessful requests to gain an audience with Forest
Service leadership, BCHA felt it necessary to retain legal counsel in
order to get an opportunity to express its concerns. BCHA and their
attorney were given an audience with the Forest Service team leaders who
were facilitating the change process. No Forest Service personnel at the
decision making level were present at that first meeting.
BCHA’s Actions:
BCHA was assured that their concerns would be addressed in the final
draft. However when that draft was released, none of their concerns were
incorporated. BCHA had no alternative other than to live with the new
trails classification system or proceed with litigation.
The multiple purpose trail evolved within the Forest Service as a
transportation facility to provide “(a) safe and unobstructed passage of
loaded animals and foot travelers at a walking gait and in single file;
and (b) durability designed to meet expected use and liability of damage
from natural causes.” (Forest Service Trail Handbook, 1935). The
proposed revision viewed trails in an entirely different manner -- as a
recreational facility assigning trail standards to achieve experiences
that the agency has interpreted to be appropriate across a spectrum of
recreation opportunity. In the proposed classification system, three
trail classes are appropriate in wilderness, only one of which would
marginally accommodate pack stock, a second trail class would marginally
accommodate a saddle horse and rider, and the third class would not
accommodate either pack or saddle stock.
Except in fairly rare instances, all Forest Service trails were
originally designed to standards that would accommodate equines.
Mainline trails were constructed to a standard that would accommodate a
full pack string of 5 to 9 animals, with loads up to 8’ wide and 10’
high. They were common throughout backcountry and in western
wildernesses up through the 1990s and comprised up to or more than a
third of the entire system. At the other end of the trail design
spectrum, the standard for way trails was a clearing width of 3’ to 4’
and a clearing height of 8’. Although this is recognizably inadequate
for packed animals, it would accommodate a saddle animal and rider
through good weather and fall hunting seasons. One can assume that all
or a portion of the old way trails would be reclassified as TC1, and as
they become logged in over time, they will be inaccessible to all types
of stock users.
Had BCHA not litigated, as much as 50% of the wilderness trail system
may not have ultimately accommodated pack and saddle stock.
Results of BCHA’s Actions:
BCHA prevailed in its claim that the Forest Service violated provisions
of the National Forest Management Act requiring public involvement. The
Forest Service released an “interim” decision in October, 2008 to comply
with the court's order, and scheduled a listening session to hear BCHA’s
concerns.
The Interim Final Rule is a significant improvement over earlier drafts.
The new trail standards will permit use of pack and saddle stock in
almost all trail classifications. It also provides flexibility to use
bridges and provides for signing at trail junctions in most
classifications. Overall, the interim rule addresses most of the
concerns that BCHA had with the initial rule, but there are still areas,
such as trail classification 1, where BCHA remains concerned. There is a
60-day comment period for the new interim final rule (from October 16,
2008) during which BCHA will express its remaining concerns.
BCHA urges anyone to express their concerns with the proposed new rule
during this comment period. Go to
http://www.fs.fed.us/recreation/ to read the Forest Service
information and comment on the proposed rule.
About...
Back Country Horsemen of America is a non-profit corporation made up of
state organizations, affiliates, and at large members. Their efforts
have brought about positive changes in regards to the use of horses and
stock in the wilderness and public lands.
If you want to know more about Back Country Horsemen of America or
become a member, visit their website:
http://www.backcountryhorse.com,
call 888-893-5161, or write PO Box 1367, Graham, WA 98338-1367.
The future of horse use on public lands is in our hands!
Back County
Horsemen of American (BCHA) have worked with the U.S. Forest Service
to prepare new regulations for trail riders on US-owned lands.
The proposed rule is now open for comment, and equestrian trail
riders are encouraged to contact the USFS and speak out in favor of
keeping lands available for trail riding as well as expanding
opportunities.
See full details on the BCHA
efforts and how to contact the Forest Service.
Equestrian Land
Conservation Resource Releases Guide to Equestrian-Friendly
Conservation Easements
The Equestrian Land
Conservation Resource has released the 2008 edition of the Guide
to Equestrian-Friendly Conservation Easements. The 188-page
publication provides valuable information on equestrian-friendly
conservation easements including sample conservation easements with
provisions for equestrian use. The Guide is an invaluable
resource for landowners, land use and conservation attorneys,
riding, driving and hunt clubs, and land trusts. Cost for the
publication is $45 plus shipping. To order your copy, visit
www.ELCR.org and click on “Publications.”
Also, two
publications concerning the design, construction and maintenance
of equestrian trails, trailheads and campgrounds are now
available.
The
Equestrian Design Guidebook for Trails, Trailheads, and
Campgrounds,
written by Jan Hancock in conjunction with U.S.
Forest Service, has been released by the Federal Highway
Administration (FHWA).
This manual provides trail
design and construction details, while explaining the particular
physical and psychological needs of equines and their riders
that necessitate them. The information in this guidebook is
applicable to trails at all levels of development and
locations.
Recreational Horse Trails in Rural and Wildland Areas:
Design, Construction, and
Maintenance, was written by Gene W. Wood, in
conjunction with 16 contributing authors. This guidebook
concentrates specifically on horse trail development in rural
and wild land areas. An emphasis is placed on trial design,
construction and placement that will make long term use by
equestrians possible. The American Horse Council was involved in
facilitating the funding of this book.
Equestrian accessible trails
are of the utmost importance to the horse community. Both of
these books are needed and will be of great help to recreational
riders throughout the country.
Equestrian Design Guidebook for
Trails, Trailheads, and Campgrounds
is offered free of charge online at the
FHWA website
http://www.fhwa.dot.gov/environment/fspubs/07232816/index.htm
or a
hard copy can be
ordered through the FHWA Report Center:
Recreational Trails Program Reports Order Form.
Recreational Horse Trails in Rural and Wildland Areas:
Design, Construction, and
Maintenance, is available for a fee from Clemson
University's Forestry and Natural Resources website at
www.clemson.edu/forestres/.
Interlake Property Update!!!
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