Public Land Access

FINAL STATUS OF BCHA-FOREST SERVICE TRAILS CLASSIFICATION LAWSUIT

As many of you are aware, Back Country Horsemen of America recently filed a lawsuit challenging the Forest Service’s development of a new trail classification system (TCS) which will be implemented in a way that we believe will reduce our access to trails on the National Forests. BCHA’s concern was that the new trail classification system would make it extremely easy for Forest Service personnel in the field to downgrade trails, with no public input much less notice, and thus end up keeping stock off these trails. Despite exhaustive efforts to work with the Forest Service amicably to resolve our issues, the agency simply refused to insert safeguards into the new system and assured us that our predictions of reduced stock use were unjustified. We then reluctantly concluded that our only option to protect our interests was to bring the matter before a judge by filing a lawsuit. Our fundamental argument to the judge was that developing a new trail classification system was something that the public had a right to be involved in, and it should not be left solely to a handful of selected agency personnel who may not have our interests in mind.

In response to our suit, the Forest Service aggressively argued that the TCS was an internal agency matter that did not affect us. The agency misleadingly portrayed the TCS as merely taking “inventory” and that it involved administrative decisions on how best to apply the limited agency budget. In other words, it was none of our business. The problem was that the TCS would also serve as the active management guide for how trails would be maintained. Moreover, the TCS created a new trail class that was exclusively for hikers, and would allow field personnel to easily slip trails into this class, especially trails in wilderness areas, with no public involvement.

The judge agreed with us that we have a right under federal law to be involved in decisions such as the one at issue which involve the trail system. This holding is a critical development in establishing our rights with respect to our trails. Being informed of and having a right to have input in an agency decision is critical to protecting our rights, and before this holding the Forest Service was able to operate behind a curtain. Given her holding, the judge ordered the Forest Service to comply with the law and involve the public in its decision-making process, before it made a decision. The Forest Service has indicated to us that, in response to the judge’s order, they intend to issue a notice of their intended action and provide for full public comment on the new trail classification system and its impacts.

The key now is to ensure that our concerns are heard and addressed. We have engaged lawyers to successfully enforce our rights to be involved (which the Forest Service wanted to deny us), and now it is our turn to make the most of our rights. To do this, it is very important that, through our formal comments, and any other communications that we can make, the Forest Service officials who repeatedly tell us that they support stock use truly understand our concerns. We will use this opportunity to fight for safeguards in the process that protect against secret agency action and unjustified limits being imposed on our use of our trails.

In addition, we as individuals must continually ensure that any re-classification of specific trails is done through a public process. The first step you can take is to find out the classes which are currently assigned to the trails in your area and inform your local District Rangers and Recreational Managers that you want to be told of any changes in those classifications. To ensure that you are kept informed, periodically ask for the current trail classes to that the agency knows you are staying on top of the issue. In the event a trail in your area is downgraded, you must actively lobby your Forest and local Congressman or Senator and fight that decision.

For further questions, contact Back Country Horsemen of America Chair Merlyn Huso (hlazym@usfamily.net) or Steve Didier,

APPEAL BY BCHET UPHELD BY CHIEF FORESTER

On April 29th, 2004 the Back Country Horsemen of East Tennessee and Back Country Horsemen of America filed an appeal of the Forest Service Plans for the Cherokee National Forest in Tennessee and the Chattahoochee and Oconee National Forests in Georgia. The appeals contended that:

“Given the overbroad restriction on horse and pack stock activity……the lack of sufficient environmental analysis related to the alternative containing that restriction and the other reasons set forth herein, the Regional Forester’s decision was arbitrary, capricious and not in accordance with applicable law”.

The Cherokee and Chattahoochee/Oconee LMPs restricted horses to designated trails and trailheads and numbered FS roads. On July 25, 2006 the Chief Forester issued a Record or Decision (ROD) on the appeals for the Cherokee, Chattahoochee, and Oconee National Forests. The decision (for the Chattahoochee and Oconee) stated that:

“The Regional Forester is directed to either demonstrate that the analysis exists to support implementing Standard FW-xxx*, or to conduct additional site specific analysis, including public involvement, regarding the need for and impacts of the decision to restrict horse and pack stock to designated routes. Until such analysis is provided or completed, Standard FW-xxx* may not be implemented, and is subject to modification depending on the outcome of the analysis.

The instructions regarding implementation of Standard FW-xxx* apply equally to horse and pack stock use within designated Wilderness.”

* The standard in the LMP's for the Chattahoochee/Oconne is FW-127.
The standard in the LMP for the Cherokee is FW-108.

You can read the entire ROD for all the Southern National Forests at: http://www.fs.fed.us/emc/applit/nhappdec.htm

This means that for the time being, horses in the Chattahoochee, Oconee, and Cherokee National forests are again considered “foot traffic” and (for now) are not restricted to designated trails, trailheads, and Forest Service Roads for riding and camping.

In response to the ROD, the Cherokee National Forest has implemented a "Trails Initiative" to develop additional trails, connector trails, and improve trailheads and are working closely with SABCH to address the needs of equestrians:

Needs Common to All Equestrian Riders

¨ Adequate trailheads

o Large enough to accommodate horse trailer parking

o Safe vehicular circulation

o Appropriate turning radius

o Adequate surfacing

o Size commensurate with size of trail complex

¨ Roaded access suitable for hauling trailers and animals

o Minimum Maintenance Level 3 (passenger vehicles)

o Minimum Traffic Service Levels A & B (maintained frequently)

o Suitable grade for hauling

o Adequate clearing limits

o Suitable bridge crossings

¨ Access to water for horse consumption

¨ Pack & Saddle trails meeting USFS standards

¨ Signs and blazes

¨ Visitor information at trailhead including trail map

¨ Trail loop with a minimum of 12 miles (3 hours of riding time)

¨ Basic safety and security

¨ Natural settings

¨ Minimum conflict with other users

¨ Adequate sanitation for concentrated visitor use

¨ Hitching accommodations where necessary

Locals

¨ Access to public land within 50 miles or less

¨ Day riding opportunity with a minimum 12 miles of trail

¨ Nested loops for shortened rides, i.e. after work, emergencies, etc

¨ Roads serving an essential part of the trail opportunity are closed to motorized use

Non locals

¨ Visitor Information available for trip planning

¨ Signed access to support facilities

¨ Proximate location to major highways

¨ Multi-day riding trail network of 36 miles minimum

¨ Emergency information for horse care

¨ Outfitters

¨ Guides

¨ Easy level of difficulty

¨ Wide trail tread for easy, safe passing

¨ Options to loop back to trailhead in less than 12 miles

Day Riders

¨ Travel time equal or less than riding time.

¨ 3 hours maximum driving time

¨ 12 miles minimum of trail riding per visit (3 hours of riding time)

¨ Nested loops for shortened rides, i.e. after work, emergencies, etc

¨ Loops that provide diverse challenges/experiences (20% Easy, 70% Moderate, 10% Difficult)

Multiple Day Riders

¨ Travel time up to 8 hours if staying overnight

¨ Overnight accommodations or base camp in vicinity

¨ Nested loop systems from developed day and/or overnight facility that offer a minimum of 3 different day rides of 12 miles/day

¨ Mix of difficulty & challenge levels (10% Easy, 70% Moderate, 10% Difficult)

¨ Mix of experiences – vistas, along waterways, etc

¨ Water access on the trail – natural or developed

Group Riders

¨ Adequately sized trailhead to accommodate groups of 8-25 riders

¨ Minimum Trail Class 3 (sustains heavy use)

¨ Wider trails

¨ Trail destination/point of interest

¨ Non-locals need overnight accommodations in vicinity

¨ Special use permit if required

Send comments to:

Cherokee National Forest

2800 Ocoee Street

Cleveland, TN 37312

Attention: Recreation Program Manager

In 2007, the Chattahoochee-Oconee National Forests announced they would re-implement the restriction defined by FW-127 without addressing the issues of inadequate trails and trailheads and stating that no new horse trails would be built. In response, the Back Country Horsemen of North Georgia (www.bchng.org) and the Back Country Horsemen of Middle and South Georgia (www.bchsg.org) established a legal fund and notified the FS through their attorney Kevin Garden that this action would again be appealed and contested in Federal Court if the appeal was denied.

In November, 2007 incoming Forest Supervisor George Bain released an open public letter addressing this issue and revised the presentation being presented to saddle clubs. The presentation slide show and the letter may be viewed at their website: http://www.fs.fed.us/conf/rec/rogs/horse/horse.htm The text of the letter is as follows:

United States

Department of

Agriculture

Forest

Service

Chattahoochee-Oconee

National Forests

Supervisor’s Office

1755 Cleveland Highway

Gainesville, GA 30501

(770) 297-3000

Caring for the Land and Serving People Printed on Recycled Paper

File Code: 1600

Date: November 16, 2007

Dear Friend,

Although I haven’t officially begun my new position as Forest Supervisor on the Chattahoochee

and Oconee National Forests, I wanted to make you aware of my plans for addressing the issue

of cross country travel by equestrians on the national forests in Georgia. I want you to know that

this issue is an important one for me and that I am planning to work closely with the equestrian

community as we move forward in further defining the appropriate use of National Forest lands

by equestrians and developing opportunities for equestrians to enjoy riding on the Chattahoochee

and Oconee National Forests.

During my time in Georgia this past summer, I was fortunate to be able to attend several

meetings between Forest Service personnel and equestrian club members. During these

meetings I heard a lot of areas of agreement. I heard that Forest Service employees and members

of the horse community are dedicated to protecting the natural resources of the forest. I heard

agreement on the desire for clean water and healthy watersheds. I heard we are committed to

protecting rare or endangered plants and animals. We agreed on the need and desire to provide a

safe and enjoyable riding experience for equestrians on the national forest.

During these meetings we also heard many concerns about the Forest Service proposal to close

the national forests in Georgia to cross country horse travel. Some of these concerns centered

around the potential impacts that closing the forest to cross country travel would have on existing

designated trails. We heard the question, “Can our trail system sustain the anticipated increased

travel that would come if you close the rest of the forest to horseback riding?” We also heard

from individuals that there are needs at some of our current trailheads, trail systems, parking lots,

watering holes and camping facilities to make them more ‘user-friendly.’ We heard that

eliminating cross country travel would force the equestrian community into traveling on one-way

in and one-way out paths that would soon grow tiresome. We also heard concerns about riding

on roads.

We have a long history of great partnerships with the equestrian community. You have given

your time, money and knowledge in helping us build and maintain the system of trails that we

have today on the Chattahoochee and Oconee National Forests. We want to continue this

partnership and honor the spirit of working together. As we move forward this year, I want to

build on our areas of agreement as we address the areas of concern. I want to ensure that our

process takes a look at all the impacts to and from equestrian travel and of potential restrictions

on equestrian travel on the national forest.

What I plan to do is to go through a very specific analysis process which will include full public

involvement. We will look at the impacts of equestrian use on existing trails and what the

potential impacts will be if cross country equestrian use is eliminated. We will look at the

current network of trails to see if there are opportunities for improvement. We will consider

access issues and facility needs. We will also consider the botanical and cultural resources in the

area and come up with alternative ways to protect those resources.

I have spoken to Ranger Erin Bronk on the Oconee National Forest about beginning our effort on

that unit. I anticipate that this process will take about a year to complete for the Oconee Ranger

District. As with any environmental analysis, we consider desired outcomes and potential

impacts of a variety of alternatives. One of the options to consider is continuing with closure of

the forest to cross country equestrian travel. We will consider other alternatives such as a ‘no

action’ alternative which would mean that the rules and regulations that are currently in place

which allow cross country travel will remain. Other alternatives may be developed as issues are

identified. Again, this will be done with full public involvement.

I realize that there is a lot of misinformation about what the Forest Service will or will not do in

regards to horseback riding. I want to make sure that the most accurate information is given to

you, our partners, as soon as we have it available. I encourage you to check our website often

and if you have a question, please call me or one of my staff at (770) 297-3000. Larry Luckett,

Karen McKenzie or Paul Bradley will be happy to speak with you to help answer questions.

Additionally, I realize that this is a different direction than what we originally shared with you

this past summer on what we are going to do here in Georgia. To help foster understanding and

participation in the process, my staff and I are willing to make ourselves available to come back

and meet with your clubs at any time of your convenience. We want to have an open, inclusive

process and this is best accomplished when we have a clear understanding of our objectives and

plan of action.

I look forward to working with you in the coming years. Thank you for your interest in our

beautiful national forests.

Sincerely,

/s/ George Bain

GEORGE BAIN

Forest Supervisor