The Code of Federal Regulations on bicycling
Rules for National Forests
The Wilderness Act itself does not ban bicycling in Wilderness. Congress, when it stated "no other means of mechancial transport," meant no other motors. In 1966, two years after the Act's passage, the U.S. Forest Service issued the first regulations regarding Wilderness and they did not include a ban on bicycling. In fact, the 1966 regulations defined mechanical transport as "propelled by a non-living power source." This provision remains on the books.
Reproduced below are the current, relevant regulations for National Forest Wilderness. The clause just quoted is in Title 36 of the Code of Federal Regulations (aka "CFR"), in section 293. What bans bicycling is a simple prohibition, listed among other prohibitions, in another section of Title 36, number 261. Here are the relevant excerpts:
[Code of Federal Regulations]
[Title 36, Volume 2, Parts 200 to 299]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.16]
[Page 364]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
PART 261--PROHIBITIONS
Subpart A-General Prohibitions
Sec. 261.16 National Forest Wilderness.
The following are prohibited in a National Forest Wilderness:
(a) Possessing or using a motor vehicle, motorboat or motorized equipment except as authorized by Federal Law or regulation.
b) Possessing or using a hang glider or bicycle.
(c) Landing of aircraft, or dropping or picking up of any material, supplies, or person by means of aircraft, including a helicopter.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 50 FR 16231, Apr. 25, 1985]
regarding "mechanical transport":
PART 293--WILDERNESS-PRIMITIVE AREAS
Sec. 293.6 Commercial enterprises, roads, motor vehicles, motorized
equipment, motorboats, aircraft, aircraft landing facilities, airdrops, structures, and cutting of trees.
Except as provided in the Wilderness Act, subsequent legislation establishing a particular Wilderness unit, or Secs. 294.2(b), 294.2(c), and 294.2(e), paragraphs (c) and (d) of this section, and Secs. 293.7, 293.8, and 293.12 through 293.16, inclusive, and subject to existing rights, there shall be in National Forest Wilderness no commercial enterprises; no temporary or permanent roads; no aircraft landing strips; no heliports or helispots, no use of motor vehicles, motorized equipment, motorboats, or other forms of mechanical transport; no landing of aircraft; no dropping of materials, supplies, or persons from aircraft; no structures or installations; and no cutting of trees for nonwilderness purposes.
(36CFR Sec. 293.6)
(a) Mechanical transport, as herein used, shall include any contrivance which travels over ground, snow, or water on wheels, tracks, skids, or by floatation and is propelled by a nonliving power source contained or carried on or within the device.
Rules for the National Park Service
When the National Park Service created rules banning bicycling in NPS Wilderness in the mid-1980s, they partially followed the pattern of the U.S. Forest Service. They issued a simple prohibition, displayed below. We cannot find any reference to "mechanical transport" for the National Park Service.
The prohibition:
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 4_VEHICLES AND TRAFFIC SAFETY--Table of Contents
Sec. 4.30 Bicycles....
(d) The following are prohibited:
(1) Possessing a bicycle in a wilderness area established by Federal
statute.
Note that this does not prohibit bicycling in National Parks, nor in recommended wilderness within NPS units. The NPS policy on bicycling in non-Wilderness is a different topic, but it's ideological roots are very similar to the Wilderness issue.
Rules for the U.S. Bureau of Land Management (BLM)
The BLM may be the only agency which has chosen to define the term "mechanical transport" in such a way that it does not include bikes. The criteria chosen is "moving parts," which bicycles certainly have. But then the BLM rule goes on to exclude a significant list of devices that do have moving parts, including skis, snowshoes, rafts, and any non-motorized river craft. Under this definition, a pedal-powered boat would probably be allowed.
Why are bikes called "mechanical", while other, mechanical conveyances that provide mechanical advantage, such as oar-powered rafts, are allowed? It's a classic example of arbitrary and capricious rules.
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 6300_MANAGEMENT OF DESIGNATED WILDERNESS AREAS--Table of Contents
Subpart 6301_Introduction
Sec. 6301.5 Definitions
...
Mechanical transport means any vehicle, device, or contrivance for
moving people or material in or over land, water, snow, or air that has
moving parts. This includes, but is not limited to, sailboats,
sailboards, hang gliders, parachutes, bicycles, game carriers, carts,
and wagons. The term does not include wheelchairs, nor does it include
horses or other pack stock, skis, snowshoes, non-motorized river craft
including, but not limited to, drift boats, rafts, and canoes, or sleds,
travois, or similar devices without moving parts.
...
Motor vehicle means any vehicle that is self-propelled.
http://www.wildernessbicycling.org/bikesbelong/cfr.html
Rules for National Forests
The Wilderness Act itself does not ban bicycling in Wilderness. Congress, when it stated "no other means of mechancial transport," meant no other motors. In 1966, two years after the Act's passage, the U.S. Forest Service issued the first regulations regarding Wilderness and they did not include a ban on bicycling. In fact, the 1966 regulations defined mechanical transport as "propelled by a non-living power source." This provision remains on the books.
Reproduced below are the current, relevant regulations for National Forest Wilderness. The clause just quoted is in Title 36 of the Code of Federal Regulations (aka "CFR"), in section 293. What bans bicycling is a simple prohibition, listed among other prohibitions, in another section of Title 36, number 261. Here are the relevant excerpts:
[Code of Federal Regulations]
[Title 36, Volume 2, Parts 200 to 299]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.16]
[Page 364]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
PART 261--PROHIBITIONS
Subpart A-General Prohibitions
Sec. 261.16 National Forest Wilderness.
The following are prohibited in a National Forest Wilderness:
(a) Possessing or using a motor vehicle, motorboat or motorized equipment except as authorized by Federal Law or regulation.
b) Possessing or using a hang glider or bicycle.
(c) Landing of aircraft, or dropping or picking up of any material, supplies, or person by means of aircraft, including a helicopter.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 50 FR 16231, Apr. 25, 1985]
regarding "mechanical transport":
PART 293--WILDERNESS-PRIMITIVE AREAS
Sec. 293.6 Commercial enterprises, roads, motor vehicles, motorized
equipment, motorboats, aircraft, aircraft landing facilities, airdrops, structures, and cutting of trees.
Except as provided in the Wilderness Act, subsequent legislation establishing a particular Wilderness unit, or Secs. 294.2(b), 294.2(c), and 294.2(e), paragraphs (c) and (d) of this section, and Secs. 293.7, 293.8, and 293.12 through 293.16, inclusive, and subject to existing rights, there shall be in National Forest Wilderness no commercial enterprises; no temporary or permanent roads; no aircraft landing strips; no heliports or helispots, no use of motor vehicles, motorized equipment, motorboats, or other forms of mechanical transport; no landing of aircraft; no dropping of materials, supplies, or persons from aircraft; no structures or installations; and no cutting of trees for nonwilderness purposes.
(36CFR Sec. 293.6)
(a) Mechanical transport, as herein used, shall include any contrivance which travels over ground, snow, or water on wheels, tracks, skids, or by floatation and is propelled by a nonliving power source contained or carried on or within the device.
Rules for the National Park Service
When the National Park Service created rules banning bicycling in NPS Wilderness in the mid-1980s, they partially followed the pattern of the U.S. Forest Service. They issued a simple prohibition, displayed below. We cannot find any reference to "mechanical transport" for the National Park Service.
The prohibition:
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 4_VEHICLES AND TRAFFIC SAFETY--Table of Contents
Sec. 4.30 Bicycles....
(d) The following are prohibited:
(1) Possessing a bicycle in a wilderness area established by Federal
statute.
Note that this does not prohibit bicycling in National Parks, nor in recommended wilderness within NPS units. The NPS policy on bicycling in non-Wilderness is a different topic, but it's ideological roots are very similar to the Wilderness issue.
Rules for the U.S. Bureau of Land Management (BLM)
The BLM may be the only agency which has chosen to define the term "mechanical transport" in such a way that it does not include bikes. The criteria chosen is "moving parts," which bicycles certainly have. But then the BLM rule goes on to exclude a significant list of devices that do have moving parts, including skis, snowshoes, rafts, and any non-motorized river craft. Under this definition, a pedal-powered boat would probably be allowed.
Why are bikes called "mechanical", while other, mechanical conveyances that provide mechanical advantage, such as oar-powered rafts, are allowed? It's a classic example of arbitrary and capricious rules.
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 6300_MANAGEMENT OF DESIGNATED WILDERNESS AREAS--Table of Contents
Subpart 6301_Introduction
Sec. 6301.5 Definitions
...
Mechanical transport means any vehicle, device, or contrivance for
moving people or material in or over land, water, snow, or air that has
moving parts. This includes, but is not limited to, sailboats,
sailboards, hang gliders, parachutes, bicycles, game carriers, carts,
and wagons. The term does not include wheelchairs, nor does it include
horses or other pack stock, skis, snowshoes, non-motorized river craft
including, but not limited to, drift boats, rafts, and canoes, or sleds,
travois, or similar devices without moving parts.
...
Motor vehicle means any vehicle that is self-propelled.
http://www.wildernessbicycling.org/bikesbelong/cfr.html
