Biking bill is a smokescreen for opening up wilderness

 

Are you ready for mechanized vehicles on every wilderness trail in the United States? That's what you'll get if a deceptive piece of federal legislation becomes law. Portrayed as a “modest” proposal for mountain bike access, the legislation is a Trojan horse that would throw open all designated wilderness areas to bikes and prevent federal land managers from later excluding them.

The "Human-Powered Travel in Wilderness Areas Act" was introduced into Congress by Utah Republican Sens. Orrin Hatch and Mike Lee, both known for their efforts to roll back environmental protection.  You can read it online.

Hatch calls the legislation "a reasonable approach to allowing the use of mountain bikes on trails." Lee says it would allow local land managers to decide whether to allow mountain biking in wilderness areas. Both statements are smokescreens designed to hide what’s really going on.

A new bill could mean increased access to wilderness for mountain bikers.
Bureau of Land Management

How would this legislation open all wilderness areas to bikes? It would give federal land managers a two-year deadline to determine whether bikes should be allowed on wilderness trails. If the deadline passes without formal decisions, bikes automatically would be allowed. 

Problem is, the deadline is rigged for failure. The two-year window would be consumed with federal agencies developing rules to guide the process, not with land managers rendering decisions. Federal actions can't be arbitrary. Decision criteria would need to be established and a lengthy rule-making process would ensue to figure out what makes one wilderness trail acceptable to bikes and another one off-limits.

Even assuming an unrealistic timeframe of one year for establishing criteria, the environmental review process required by federal law for the decisions would devour the second year, and most likely take longer. 

With the deadline blown and all wilderness areas automatically opened to bikes, federal land managers then would be in the position of deciding whether to remove mountain bikes from wilderness areas, rather than determining if they should be allowed in the first place.  

Here, the legislation contains another trap: It predetermines a decision in favor of mountain bike use by making mountain bikes “rebuttably presumed to be in accordance with the preservation and maintenance of the wilderness character of a wilderness area.” In other words, the legislation would not only open wilderness areas to mountain bikes, it would lock in their use.

Further, in a reality-warping maneuver that reads like something from an Orwell novel, the bill would enable mountain bikes to sidestep the 52-year-old prohibition on mechanized transportation in wilderness areas by declaring bikes a non-mechanized form of travel. The bill states: “The term ‘mechanical transport’ does not include any form of human-powered travel, regardless of whether the travel is mechanically assisted, in which the sole propulsive power source is one or more persons.”

It escapes comprehension that a machine with gears, derailleurs, wheels, bearings, disc brakes, cables, gear shifts, a whirling chain and pedals does not add up to “mechanical transport.”

Also worth noting: The legislation’s contortion of “mechanical transport” would leave wilderness areas open to whatever pedal-powered contraptions emerge in the future. Seem far-fetched? Fifty years ago, who would have imagined bikes could penetrate the farthest reaches of nation’s wildest lands?  

And what if there are “undue conflicts” (in the words of the bill) on trails between people biking and people walking? The legislation would allow federal land managers to separate the two uses by day, time of day or season. For example, bikes in your favorite wilderness area from 8 a.m.–2 p.m.; hiking from 2 p.m.–8 p.m. Or, bikes on Mondays, Wednesdays, Fridays and Sundays; hiking on Tuesdays, Thursdays and Saturdays. Or: Summer’s for biking! Fall’s for hiking. 

Is anyone looking forward to all this?

The Human-Powered Travel in Wilderness Areas Act is a sham. It would undermine one of the most farsighted conservation laws in the world, the 1964 Wilderness Act, which was enacted to protect the nation’s wild areas from the “growing mechanization” – to quote the law – of American culture. And if there's a symptom of growing mechanization on public lands, it's mountain bikes. 

The bike industry may frame the activity as “human-powered” in an effort to obfuscate any difference between walking and riding. Advocates may employ the dark arts of modern politics.  

But deception and sly tricks shouldn’t deprive the American people of a uniquely American heritage: The opportunity to wander through the nation’s most highly protected lands at a truly human-powered pace, step-by-step, free from the machines and speed of an ever-urbanizing, ever-industrializing society. 

John Kelley is a contributor to Writers on the Range, the opinion service of High Country News. He is a former legislative policy analyst and lives in Sun Valley, Idaho.

Note: the opinions expressed in this column are those of the writer and do not necessarily reflect those of High Country News, its board or staff. If you'd like to share an opinion piece of your own, please write Betsy Marston at [email protected].

High Country News Classifieds
  • OPERATIONS AND FINANCE MANAGER
    Great Old Broads for Wilderness, a national grassroots organization led by women, seeks a resourceful, self-motivated, team player to serve as Operations and Finance Manager....
  • EXECUTIVE DIRECTOR
    ORGANIZATIONAL BACKGROUND Colorado Canyons Association (CCA) fosters community stewardship, education and awareness of our National Conservation Lands with a focus on Dominguez-Escalante, Gunnison Gorge and...
  • WYOMING STATE DIRECTOR
    Save the World ... or at least a piece of it! Join The Nature Conservancy and make a tangible and lasting impact by creating a...
  • PROGRAM DIRECTOR FOR AN ENVIRONMENTAL ADVOCACY NON-PROFIT NEAR YOSEMITE
    Demanding, but rewarding, advocacy work on forest, water, wildland, and wildlife issues. Applicants should have experience dealing with land management planning, public speaking, grassroots organizing,...
  • NEW AGRARIAN APPRENTICESHIP
    Quivira Coalition's 2020 New Agrarian Apprenticeships in Regenerative Ranching and Farming -Apprenticeships run 4/20 - 11/20 Applications accepted 10/15/19 - 12/1/19 NAP partners with skilled...
  • PHILANTHROPY DIRECTOR AT WILDERNESS WORKSHOP
    Wilderness Workshop seeks a full time Philanthropy Director to raise funds for our team. Learn more: www.wildernessworkshop.org
  • EXECUTIVE ASSISTANT WITH WESTERN RESOURCE ADVOCATES
    Western Resource Advocates (WRA) seeks an enthusiastic and organized problem solver to join our growing team as an Executive Assistant. The Executive Assistant is instrumental...
  • WYOMING OUTDOOR COUNCIL
    Two positions: Development Director OR Development Writer, Communications Director. Full job descriptions at https://wyomingoutdoorcouncil.org/careers.
  • CONSERVATION PROJECT MANAGER
    Great Land Trust seeks to hire a Conservation Project Manager. Position is full-time, based in Anchorage, Alaska. First review of applications will be on October...
  • EXECUTIVE DIRECTOR
    Eagle Valley Land Trust Executive Director Position Description Summary of Position: The Executive Director, working with and reporting to the Board of Directors, has overall...
  • FINANCE & LOGISTICS COORDINATOR
    The Rocky Mountain Biological Laboratory, founded in 1928 as an independent nonprofit organization, is a biological field station located near Crested Butte, Colorado. Our primary...
  • DEVELOPMENT DIRECTOR
    See Full Job Description
  • DEVELOPMENT COORDINATOR
    Position: Development Coordinator Responsible to: Executive Director Time Commitment: 15-20 hours per week, or as otherwise agreed upon General Description: The Development Coordinator assists the...
  • EDUCATION CENTER MANAGER
    Friends of Cedar Mesa seeks a full-time Education Manager for the Bears Ears Education Center to provide day to day operational and administrative oversight. See...
  • TROUT UNLIMITED SCP SOUTHWEST REGIONAL DIRECTOR
    Seeking to hire an experienced advocate/manager to oversee the organization's sportsmen/women-driven advocacy in Colorado, New Mexico and Arizona. Open until filled
  • PROGRAM MANAGER
    for northern AZ collaborative conservation ranchlands group
  • EXECUTIVE DIRECTOR
    Partners are seeking an experienced and energetic Executive Director who is excited about the opportunity to lead our growing organization! A full description of the...
  • EXECUTIVE DIRECTOR
    High Country News Seeks an Executive Director to advance its mission, grow its audience and influence, and strategically and sustainably guide the organization through a...
  • 2 PROPERTIES ON THE WESTERN EDGE OF THE GILA WILDERNESS
    Organic farm, hot springs, San Francisco River runs through both. [email protected]
  • CHUCK BURR'S CULTUREQUAKE.COM BLOG
    Change will happen when we see a new way of living. Thinking to save the world.