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CDNST

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Title: CDNST


1
National Trails System Act
2
NATIONAL TRAILS SYSTEM ACT
  • National scenic trailswhich will be extended
    trails so located as to provide for maximum
    outdoor recreation potential and for the
    conservation and enjoyment of the nationally
    significant scenic, historic, natural, or
    cultural qualities of the areas through which
    such trails may pass.

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Continental Divide National Scenic Trail
5
1976
6
The primary purpose of this trail would be to
provide a continuous, appealing trail route,
designed for the hiker and horseman, but
compatible with other land uses.
1976
7
The basic goal of the trail is to provide the
hiker and rider an entree to the diverse country
along the Continental Divide in a manner which
will assure a high quality recreation experience
while maintaining a constant respect for the
natural environment.
1976
8
"...A simple facility for foot and horseback use
in keeping with the national scenic trail as seen
in the Appalachian and Pacific Crest Trails."
Clearing is held to a minimum necessary to
permit the intended use (i.e., less clearing for
foot travel than for horse travel) and at the
same time protect wilderness values.
1976
9
Roads have been included in the alignment of the
proposed Continental Divide Trail. Most are of a
primitive nature and would offer recreation
experiences not materially different in quality
than that extended by bona fide hiking and riding
trails.
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11
CDT Study Report FES Potential Additions
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Continental Divide National Scenic Trail PUBLIC
LAW 95-625 November 10, 1978
SEC. 5. (a) National scenic and national historic
trails shall be authorized and designated only by
Act of Congress. There are hereby established the
following National Scenic and National Historic
Trails
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CMP RequirementsNational Trails System Act
Section 5(f)
  • Specific objectives and practices to be observed
    in the management of the trail, including the
    identification of all significant natural,
    historical, and cultural resources to be
    preserved, an identified carrying capacity of
    the trail and a plan for its implementation  
  • The process to be followed by the appropriate
    Secretary to implement the marking requirements
  • A protection plan for any high potential historic
    sites or high potential route segments and
  • General and site-specific development plans,
    including anticipated costs.

18
FES Adopted by the Forest Service in 1981
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The environmental analysis or information
contained in the FEISwill be used in development
of the comprehensive plan. The CMP will
provide standards and guidelines for the
location, development, and management of the
CDNST in the respective agencies land management
plans.
20
H.R. Report 98-28, 1983
  • It is intendedthat motorized vehicles will not
    normally be allowed on national scenic or
    historical trails and will be allowed on
    recreational trails only at times and places
    where such use will not create significant
    on-trail or off-trail environmental damage and
    will not jeopardize the safety of hikers,
    equestrians, or other uses or conflict with the
    primary purposes for which the trail, or the
    portion of the trail, were created.

21
Rights-of-Way
  • The rights-of-way for the trails will be of
    sufficient width to protect natural, scenic, and
    historic features along the trails and to provide
    needed public use facilities. The rights-of-way
    will be located to avoid established uses that
    are incompatible with the protection of a trail
    in its natural condition and its use for outdoor
    recreation. (House Report No. 1631)

22
Rights-of-Way/Corridor
Appalachian Trail - "The corridor is the way we
refer to the greenway of publicly owned and
easement land that surrounds the footpath. Its
width varies, going down to as few as 100 feet in
places, but averages about 1,000 feet (about 25
acres per mile).
23
Comprehensive Plan
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25
Not Approved
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27
National Trails System Act CMPConsistency
Issues
Lack of recognition of the nature and purposes
of the CDNST
  • "... Each agency will manage the CDNST in
    accordance with the recreation management
    objectives and prescriptions set forth in their
    respective land and resource management plans for
    the specific management area through which the
    trail passes." CMP pages 51-52

28
  • "...Established primarily for hiking and
    horseback use motorized vehicular use is
    specifically prohibited by the National Trails
    Act. However, ...the 1978 amendment specifically
    provides for motorized use on those portions of
    the CDNST where such use is in existence at the
    time of designation.... The restrictions on or
    acceptance of specific types of activities or
    uses will be in accordance with the recreation
    and other land management objectives established
    for specific management areas in the agency
    land.... " CMP pages 55-56

29
  • "...Motorized and other uses of existing trails
    and/or primitive roads which are selected as
    components of the CDNST system will continue
    where such use is provided for in the respective
    agency's land and resource management direction
    for the area, including the use of snowmobiles
    operating on snow.... Where the land and resource
    management direction for a given management area
    is to open a previously closed area to motorized
    use, every effort will be made to manage or
    relocate the CDNST to avoid or minimize the
    influence of motorized use on the trail user."
    CMP page 57

30
  • "...The trail should be regarded as a simple
    facility for the hiker and horseman, and where
    already existing and appropriate, for trail
    bikers and recreational fourwheel drive use." CMP
    page 61
  • Forest Service and BLM unit managers will use
    the carrying capacity guidelines respectively,
    developed for each Recreation Opportunity class
    through which the CDNST passes. CMP page 69

31
Clarifying the CMP
The Act is very specific regarding the
conditions that must be met before motorized use
may be allowed on the CDNST. First, an
affirmative determination must be made that the
use will not substantially interfere with the
nature and purpose of the trail. Specific
findings should be made as to how the allowed use
will meet this criteria. Second, the use must
have been allowed by administrative regulations
or management direction at the time of
designation of the trail.
32
United States Forest Washington 14th
Independence SW Department of Service
Office P.0. BOX 96090Agriculture Wash
ington, DC 2OO90-6O9O File Code 2350 Date
July 3, 1997 Subject Continental Divide
National Scenic Trail - Motorized
Use To Regional Foresters When designated by
Congress, the route of the CDNST followed some
segments of primitive roads on which motorized
vehicle use was allowed. The special language of
subsections 5(a)(5) and 7(c) was intended to
allow continued motorized use of such roads.
However, as the CDNST is further developed, it is
expected that the trail will eventually be
relocated off roads for its entire length. It is
the intent of the Forest Service that the CDNST
will be for non-motorized recreation. /s/
Janice H. McDougle (for) ROBERT C. JOSLIN Deputy
Chief, NFS
Supplementing the CMP
33
Regulatory Authority
  • The appropriate Secretarymay issue
    regulationsgoverning the use, protection,
    management, development, and administration of
    trails of the national trails system
  • Section 7(i)

34
Nature and Purposes
  • Scenic corridor and trail connecting to national
    significant features along the Continental
    Divide.
  • Providing for high quality hiking and horseback
    riding experiences.

35
Not Substantially Interfere Considerations
  • Safety issues due to the interactions between
    hikers/horseback use and motorized or other use.
  • Effects of motorized or other use on trail and
    resource conditions.
  • Providing for high quality hiking and horseback
    riding experiences.
  • Ability to complete a high quality hiking and
    horseback riding trail from Canada to Mexico.

36
Significant Features Study ReportThe more
significant qualities, characteristics and trail
opportunities.
  • Glacier National Park
  • Bob Marshall Wilderness Complex
  • Butte the richest hill on earth
  • Anaconda-Pintlar Wilderness
  • Lemhi Pass National Historic Landmark
  • Lewis and Clark, Nez Perce
  • Yellowstone National Park
  • Teton Wilderness
  • Bridger Wilderness

37
  • South Pass Oregon Trail
  • Rocky Mountain National Park
  • Shadow Mountain National Recreation Area
  • Grays Peak
  • Climax Glory Hole
  • Mt. Elbert
  • San Juan and Rio Grande Primitive Areas
  • Cacho Canyon National Monument
  • Zuni Wagon Road
  • Black Range Primitive Area
  • San Luis Mountains

38
Significant Features Study ReportSupplement-sp
ecific nationally significant qualities
  • Scenic - Spectacular scenery of the quality and
    magnitude.
  • Cultural - Trails used by early-day Indians,
    ancient cliff dwelling tribes, Spanish explorers,
    and mountain men. Ghost towns and abandoned
    ranches and mining operations.
  • Historic - Lewis and Clark, Oregon, Mormon and
    Chief Joseph Trails. Historic Sites.
  • Natural - National Parks and Wilderness Areas.
    Red Desert
  • Recreation - Hikes, camping areas, fishing,
    observing game and waterfowl, photography, and
    geologic study.

39
CDT Administrative Coordination Website
http//www.fs.fed.us/r2/trails/cdnst
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