Initiative to open National Parks to HG/PG

[Dan T]

I'm currently in Colorado Springs. Yesterday I met with the team at the USHPA Headquarters. They provided me with a wealth of written (digital) information on prior and current efforts to open up the US and Canadian National Parks to HG & PG. My understanding is that the Canadians have successfully reversed the Canadian laws/policies from one of "generally prohibited unless specifically excepted" to "generally permitted unless specifically excluded" or words to that effect. The Canadian individual who spearheaded this effort has offered to assist the USHPA in our efforts as well.

There are a handful of American USHPA members who are actively pursuing the same objective. The HQ team is in the process of putting me in touch with them.

The likelihood of succeeding at this initiative is proportional to the effort that we as a community put into it. I'm going to need your help. Initially it would be very helpful if any of you that have worked with the NPS at Skyline drive or elsewhere would get in touch with me.

Thanks,
Dan
wuffo1@aol.com

[Flying Lobster]

I worked for a couple of years on this with Jack Ekart (sp) when he was with USHGA--but the effort fell to pieces at some point when it ran up against the reality of the NPRM process and general board apathy. I was mostly interested in getting access to Acadia NP. Lisa Tate has also spent time in Washington working on this, I believe. At some point I believe a notebook of successful NP openings in the US (including Shenandoah) was prepared which was used to present to park supers.

My effort ultimately failed because of the "public advisory" review process. The ANP super at the time simply let an arbitrary special interest group (Friends of Acadia) say they didn't like the idea of footlaunch flight it it was a done deal. I was told that the "environmental impact" was viewed as too great.

Good on you for tackling this formidable project--maybe the time is right with reduced budgets.

Marc

[Dan T]

Thanks for the post Marc. I could use your help and the help of anyone else reading these messages.

One of the things that I learned during my USHPA HQ visit was that the Canadians produced several Environmental Impact Statements and presented them in response to the inquiries on that subject. I had hoped we could avoid the expense of going through that exercise here, but from your experience that might be unrealistically optimistic.

There is an intermediate step to a full blown Environmental Impact Statement or Report. I believe it's called a finding of no significant impact, (FONSI). I'm not sure exactly what it takes to get one but It seems that our activities would be a good candidate.

Dan

[huddlec]

As someone who used to work with the environmental review process all the time in California (federal and state reviews) I think there is a good chance of getting a 'no significant impact' ruling. Often these are given if any possible impacts are identified and the project includes conditions that offset the possible impact. An example: if a launch required cutting some trees, the requestee would agree to plant trees on a site nearby. Check with what the Delaware Gap folks did. They had an issue with the timber rattler dens that couldn't be disturbed. If I remember correctly.

[Flying Lobster]

Did the USHPA office have any of the info/documentation from previous efforts?

The principal problem is that by law, or the way it's presently interpreted, is that no "air services/delivery" (or some such language--been a while since I read it) is by default prohibited in a national park except by special exemption by the superintendent. Think of the super as a duke and the park as his/her fiefdom. I think the process involves a submission for request to a so-called independent public advisory body which then makes it's recommendation to the super--who I think doesn't necessarily need to follow it--but at least maintains the appearance of independent review.

Hang gliding and/or paragliding is banned in ANP due to "environmental impact"--but since my attempt (which included, BTW, copies of the Shenandoah proposal/regulations as forwarded by Carol who is generally very supportive of footlaunch in NP --you guys should fly there for that reason alone!) the park has allowed commercial airplanes and sailplanes to regularly buzz over the park and island--environmental impact is probably code for financial impact.

marc

[Dan T]

To answer Marc's question, the USHPA put me in touch with several individuals who have either pursued or implemented rights to fly hang gliders and paragliders in US and Canadian National Parks. I wrote a request for assistance to them a few minutes ago.

That law that Marc is referring to was written in the mid-1960s. Since that predated the existence of HG/PG in its modern form, (predated by the pioneering efforts of the Wright Brothers, Lilenthal, and others,) the law cannot have been intended to generally prohibit hang gliding and paragliding. I intend to use the point along with addressing any concerns the National Parks Service might have, in this effort to get the policy changed.

Christie, I'd forgotten that you are a veritable environmental guru. Your active participation on this team would be extremely helpful. Are you interested?

Marc, I don't know who Carol is. Is she someone I should get in touch with and if so how?

Write me at wuffo1@aol.com if you want to get in touch with me without cluttering up this web site.

Thanks,
Dan

[markc]

Write me at wuffo1@aol.com if you want to get in touch with me without cluttering up this web site.

I don't think anyone would consider a topic as important as this one to be clutter!

(We could make this thread sticky, or even create a separate forum dedicated to this discussion, if the volume warrants. Let me know what would help and we'll make it so.)

Having participated in the letter-writing phase for the last attempt at changing the NPS rules, I'd love to see this effort move forward. If successful, it could have a major impact on HG and PG flight in decades to come. Imagine the impact of development in the next 50 years.... If flying at NPS sites was "generally permitted" in the absence of specific reasons not to allow it, then the future of our sports might be more secure.

MarkC

[Flying Lobster]

Carol is the "go to" person you send your permit applications to when getting permission to fly in the Shenandoahs. The Shenandoahs actually represent one of the longest standing continuous--if not THE longest standing--successful hang gliding permitted operations in the entire US National Park system (thanks to Vic Powell, who unfortunately fell from grace). Because of this--their documentation and experiences could prove invaluable as "evidence" that flying can be done with minimal impact. She helped me in my attempt at getting access to Acadia--but again--the real problem is the existing Federal Registry and getting the NPRM wheels in motion to overturn the prohibition against footlaunch flight so that it is not lumped into the same category as "air delivery services" and thereby requiring a superintendent exemption. I would enlist the advice of Joe Gregor--the dude is a wizard in the world of govspeak and his knowledge of aviation matters would similarly be of great value, I would think.

marc

PS The doubting cynic in me also warns you to be cautious in avoiding a USHPA "bottomless pit" task whereby you might end up wasting a lot of time resources without reasonable support. : ) That's why I asked about their former records on this effort.

[Dan T]

The USHPA gave me a whole disk full of information including the environmental impact statements that the Canadians used to address their issues. I think we will get a fair amount of help from them.

Dan

[davidtheamazing1]

At the USHPA meeting, this idea was mentioned as important. I bet the USHPA office staff will support the effort in whatever way they can. We need to brace for the long haul because even with an inside person, it took the Canadians 3 years to fight the rule change bureaucracy.

[Dan T]

Assuming I'm elected, I intend to approach the NPS in Washington DC shortly after the USHPA Regional Director elections are completed. I need assistance in preparing a presentation that I can leave with them. I envision a brief introductory multimedia Powerpoint (or similar) presentation that introduces our sport in a favorable light.

The objective of the presentation is to make the following points:
HG and PG are low environmental impact activities that are compatible with the mission of the NPS.*
The regulatory language generally prohibiting aviation activities inside National Parks predates the modern development of the foot launched sport.** Therefore it cannot have been intended to preclude this activity.
The sport's participants contribute revenues to the parks as well as the economies of the nearby communities.***
Supporting these activities enhances the experience of the other park visitors.****

* The NPS's mission is "...to promote and regulate the use of the...national parks...which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."

The portion of the presentation that addresses this first point will specifically foot launched flight from sites that do not require any physical modifications to the existing terrain or structures. Physical improvements will be addressed on as "as permitted" basis under special use permits similar to the arrangement in place at the Shenandoah NP.

** The regulations generally prohibiting aviation (takeoffs and landings) inside the boundaries of the parks were written in the mid-1960s. With a very few pioneering exceptions HG did not exist before the early 70s and PG later than that. This means that the Congress could not have intended to exclude foot launched free flight from the other recreational activities permitted within the parks. I intend to draw this distinction as a means of giving the NPS a logical basis for revisiting a long standing policy.

*** Several people have advised me to make note of the fact that we generate a fair amount of revenue both for the parks themselves and for the adjacent communities where we purchase gasoline, eat and occasionally stay overnight.

**** I have not personally flow Dickies Ridge in the fall but I understand that our presence there delights the visitors. I'd very much like to show this from both the perspective of the visitor on the ground and the pilot overhead as the closing image in the video.

Here's what I need:

A Powerpoint or Video Guru who can pull this together. The presentation needs to be not longer that 15 minutes, capable of being viewed and understood without a pilot speaker in attendance, and ideally still presentable when left in hard copy format.

Archive video/photos of the earliest days of the sport, ideally with date tags or references so that we an demonstrate that the sport effectively didn't exist prior to the date of the first publishing of the regulations.

Verification of the genesis of the regulation. (Any Lawyers out there who can help with this one?)

Photos and short video clips of modern foot launched wings on launch, landing and in flight. Ideally these shots would either include launches from unimproved launch sites or would include Yosemite and especially Skyline Drive. This is the closer that should leave the audience in awe of the humans who can fly like and with the eagles.

While I could probably cobble something together in Powerpoint myself, some of the videos that you all have put together demonstrate an expertise far beyond my abilities. If you are interested in assisting me in this project please write me at wuffo1@aol.com.

Thanks,
Dan

[mingram]

Thanks Dan! I have some video from Dickey's I could edit down. When do you need this?

[lbunner]

How about using an existing success story like Yosemite? Plenty of video from this site and it's a national park. You could tie in the Cloudbase Foundation and how pilots are helping children around the world. It may be a weak tie but it sure gets the point across about how pilots are givers and not just takers.

[JohnE]

Thanks for the deep level of thought that you have given this, Dan! You are fighting the good fight, which, if successful, will benefit foot launch pilots for many years to come. There are lots of good ideas here on this thread. I am sad to say that I have no real skills in Powerpoint or video, but agree that some members here sure do.

I understand that a supporting intiative that you are working on is opening up Edinburg Gap next year. I know that folks must have taken the USFS 'chain saw course' in order to use chainsaws on USFS lands and that the Lee Ranger Station is going to hold such a class in the New Year.

I am interested in taking a class and getting 'certified' and am sure there are others who would like to do so, as well. Not only do "many hands make light work", but the more support and involvement we can show, a good showing should demonstrate the level of support and committment that the local pilots have for the sport. It seems that the more federal lands we fly on the better the chances to make a good argument to the NPS.

Today, I plan to send the letter below. I am including it in case any other folks might benefit from a ready-made draft and be inspired to write, as well.

John H

US Forest Service
Lee Ranger Station
Attn.: Cameron
95 Railroad Avenue
Edinburg, VA 22824
(540) 984-4101

Dear Sir:

I am a local paragliding pilot who would like to attend your 'chainsaw course' in the new year, so as to permit me to participate fully in any future joint efforts between USFS and the local paragliding and hangliding community to open new (or improve existing) flying sites. I deeply appreciate the USFS' support of this sport and want to do my share to facilitate your efforts on our behalf. We would love to open up a site at Edinburg Gap. Kindly notify me at your earliest convenience of the upcoming date(s) of the classes.

I can be reached at 703.858-0366 or john@hopkinson.org.

Again, many thanks for working with us on this!

Sincerely,

[Dan T]

Matt, Mid January will be fun.

Larry, Great idea on Cloudbase Foundation.

John H, Thanks for stepping up. The USFS guy at Edinburg reminded me that the students in the chain saw class will need to demonstrate that they have been through a First Aid course. Contact the Edinburg USFS office.

Keep the ideas coming. I'm still looking for an electronic presentation guru.

Dan

[lbunner]

Does the USFS have any programs for disadvantaged youth? If so, I recommend submitting a proposal to CBF to make a donation to one of their programs near Woodstock of Edinburgh or... This would be another method of making the USFS aware of our presence in the local community and of our efforts to help out.

[Dan T]

Just a quick update to let you all know that I have just completed my second attempt to obtain an audience with the National Parks Service (NPS) in Washington DC. Rather than simply cold calling the Headquarters personnel in DC, I am attempting to gain an introduction through a field representative who has traditionally been a friend of our sport. The Canadian version of the USHPA employed a similar strategy in their successful initiative to overturn their own 'Parks Service' general prohibition against hang gliding and paragliding inside their National Parks. If I am unsuccessful in this second attempt, I intend to go personally to the NPS's office in Washington DC upon my return from my extended trip to Key West.

On a tangentially related note, the USFS in Edinburg is tentatively planning a 'chain saw' course sometime in late February. Participating in this course should make it easier to gain official approval to maintain our launch sites on USFS land and to engage in reopening the Edinburg Gap site. I encourage those of you who are interested to contact them regarding participating in the course. Your interest may help move the process from tentative to firm and will certainly reflect favorably on our club.

Thanks,
Dan Tomlinson
Region 9 Director

[markc]

Cr@p! I'm going to be on the road between Feb 17 and Feb 25 or 26 (which is the last weekend of the month). If there's any chance of the chainsaw course happening on, say, the 27th-29th, then I'd definitely be willing to take a vacation day in order to attend. Please keep us posted about the schedule for the course Dan, and many thanks for your efforts to change the status-quo with the NPS.

MarkC

(Or maybe the course could be moved up, to the 11th/12th?)

[davidtheamazing1]

Many NPS offices are in the building right next to my office... Let me know when you are in the area and would be happy to tag along to back you up.

[theflyingdude]

On a tangentially related note, the USFS in Edinburg is tentatively planning a 'chain saw' course sometime in late February. Participating in this course should make it easier to gain official approval to maintain our launch sites on USFS land and to engage in reopening the Edinburg Gap site. I encourage those of you who are interested to contact them regarding participating in the course. Your interest may help move the process from tentative to firm and will certainly reflect favorably on our club.

Thanks,
Dan Tomlinson
Region 9 Director

I believe they require any participants for their chainsaw class to have a current basic first-aid course/card prior to taking the class.

JR

[JohnE]

I wrote my letter to Cameron about attending the chainsaw lass and did not yet hear back from him, so I called him to request clarification on the first aid requirement. He said that we could take the chainsaw class and get the chainsaw certification BUT could not actually use the chainsaw certification unless we also had a current first aid certification. The right to actually use the chainsaw requires having both certifications. He specified that it also means that when your first aid certification expires, so does your right to rely on the chainsaw certification (unless you renew your first aid certification).

He will know more info in a week or two about which course (sponsored by whom) and whether online courses would count. He has an internal request in about that. He said a course sponsored by teh American Heart Association would work. I asked about Red Cross courses and he said he thought AHA and RC worked together. I hope to have clarification on that soon, as well.
John Hopkinson

[pch]

USHPA also requires all instructors to be current in first aid certification. I've been certified for over 11 years now. I can't seem to find the application for this chainsaw course on line. I am free the weekend of 2/17-18, am Red Cross certified in first aid, and have a few chain saws to bring if anyone else needs a chain saw. Dan, please send info for where to sign-up.
Peter Humes

[Dan T]

Peter,

You can contact the Forest Service in Edinburg VA directly and ask them when the next course will be held, but please first read John Hopkinson's post of Friday Jan 20. He's been working the issue with the USFS and it might be best to consolidate our requests to participate through him.

John volunteered to jump into the breech when I posted an earlier request for assistance on this topic.

Dan

[Dan T]

The National Parks Service has recently published a document called "A Call to Action - Preparing for a Second Century of Stewardship and Engagement." Among other topics it talks about entering into "partnerships." There is some interesting stuff in it. If any of you find a logical segue into opening a discussion on our initiative I'd love to hear about it. I found some hints but no bulls eyes. You can get started at http://www.nps.gov/calltoaction.

Dan Tomlinson
Region 9 Director

[MikeB]

Seeing the recent activity posted here, I will add what I learned from Cameron Seales when he called me yesterday. Dan also asked if I'd maintain some contact with them back in December. The chain saw course is tentatively scheduled for Mar 3 and 4 at Edinburg. Safety equipment will be supplied except footwear which must be vibram soled boots with 8" uppers . "Long sleeves must be worn". He has reserved 3 slots (of the 15 available) for our club. I believe these slots are filled (John E, myself and Dan?) The certification is valid for 3 years and an annual refresher course is required. Participants must have a valid certificate in First Aid and CPR.

He said Dan has the volunteer agreement that indicates what we can do to maintain the sites (bucking and felling up to a given diameter).
He said that all work projects in the district are being re-evaluated, so we cannot assume we can start clearing Edith's Gap when the course is completed.
He would like more information about how many might use the site, how we would maintain it. Many of Dan's comments above are relevant here.

I am posting this so the club knows the current status.
Regards
Michael Brooks, Hedgesville, WV