In contrast to the BLM permit requirements that I discussed earlier, the USFS has a very clear, concise, and not to mention user friendly, system in place. (Quotes below are from the downloadable .doc titled "Non-Commercial Group Use FAQ").

The need for a "non-commercial group use permit" has one simple criteria:

Under the regulation, a “group use” is an activity that involves a group of 75 or more people, either as participants or spectators. “Noncommercial” is any use or activity where an entry or participation fee is not charged, and the primary purpose is not the sale of a goods or service. Some examples of noncommercial group uses are weddings, church services, endurance rides, regattas, camping trips, hikes, music festivals, rallies, graduations, and races.

That's it. 75 people.

And further, it's an easier permit to apply for . The application can be submitted up to 72 hours in advance of the event. The BLM, I can remind you, wants 6 months of advance notice. The application must be reviewed by a USFS agent within 48 hours after receiving it. If it does not get reviewed within that time frame, then the application is considered granted. If your permit gets rejected for some reason, your are not left searching the Four Winds to find out why. Instead:

Equally important, an authorized officer has to explain to the applicant in writing the reasons for the denial. There has to be an adequate factual basis for the denial, and a record has to be developed to support the reasons for the denial. If an application is denied, and an alternative time, place, or manner will allow the applicant to meet all the evaluation criteria, the authorized officer will offer that alternative.

Why the numerical standard of 75?

While any numerical threshold is arbitrary in that 25 people could have more impact than 75, depending on the type of activity and the characteristics of the site, a numerical threshold is the fairest and most objective standard for applicability of the rule. In addition, groups with 75 or more people tend to have a greater impact on National Forest System lands than smaller groups.

Does the USFS non-commercial permit require proof of insurance?

No. Noncommercial group uses involve or potentially involve First Amendment activities. Requiring bonding or insurance as a precondition to the issuance of a permit for expressive conduct could be construed as an undue burden on the exercise of First Amendment rights. In other words, requiring an applicant to obtain bonding or insurance before a permit is issued could be seen as putting a price tag on speech in violation of the United States Constitution.

What is stopping the BLM from adopting a similar non-commercial permit policy? It seems that it would solve the issue for both sides. Make a permit that is easy to get, and easy to process. Win-Win.

The best part about the USFS permit requirements? It makes no discrimination against competition. The USFS is not out to stop individuals or groups from racing. In fact, scroll up and re-read the first paragraph I quoted. Wait, never mind, I will just re-quote the relevant text,

"Some examples of noncommercial group uses are weddings, church services, endurance rides, regattas, camping trips, hikes, music festivals, rallies, graduations, and races.

No garbage about contesting established records and nothing about 2 or more individuals who have the nerve to compete. The distinction for the USFS is between commercial and non-commercial. The element of competition is irrelevant to the nature of what permit you may need.

The clear language eliminates all the ambiguity the BLM seems intent on perpetuating. With the above requirements there is little question as to whether or not your event (if it is on USFS land) will need a permit.

If only the BLM could be as sensible.

Labels: BLM, permits, USFS

Also see: In Contrast for further discussion on this topic.


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Competitive SRPs are required for events where 2 or more people compete in a recreational activity. A permit is also required when 1 person or team contests an established record.

-Colorado BLM page.


The language regarding a solo rider is new. At least since I last read the page. It is, no doubt, pointed directly at our niche of riders. One of our defenses at the KTR last year was that we were simply individuals riding a solo time trial. We just happened to be starting together.

However, the absurdity of trying to require a permit for an individual is landmark. It seems to me to demonstrate everything that is wrong in the world of bureaucratic fumbling and bumbling. It is nothing short of charging a fee to use public, tax funded lands. They are also putting a fee on intent, rather than actual usage. If you intend to ride your bike quickly across public lands you are required to apply for a permit. This is ridiculous. And it borders on discrimination.

Never mind that this idiotic policy is utterly unenforceable.

BLM Agent: Hey! Hey you there on the pedal bike!
Rider: Um, yeah?
BLM Agent: You were riding pretty fast there, are you trying to contest an established record?
Rider: ...

Again intent comes to mind. What is the intent behind putting such a policy into place? It seems explicitly intended to put an end to the way unsupported solo riders are using the public trails.

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There is a lot of vagary in the permit requirements. And they vary from State to State. Colorado and California are the most detailed I have looked at. (For anyone wondering, the Utah SRP page just talks about all the money that tourism brings in to the Rocky Mountain West).

Competitive SRPs are required for events where 2 or more people compete in a recreational activity. A permit is also required when 1 person or team contests an established record.

And from California's page:

2.Competitive Use – Competitive Use means any organized, sanctioned, or structured use, event, or activity on public land in which two or more contestants compete and either (1) participants register, enter, or complete an application for the event, or (2) a predetermined course or area is designated.

"...where 2 or more people compete in a recreational activity.." This is as wide open as the land around Cisco. If me and a friend want to wrestle in the Mary's Loop parking lot do we need a permit? Is racing one another back to the parking lot after a hike a recreational activity?

"(1) participants register, enter, or complete an application for the event,"

None of the "underground" events have registration, fees, entry forms or anything of the sort.

"(2) a predetermined course or area is designated"

This is another broad stroke. Every ride, wether organized or not, has a predetermined course or area. Have you ever been on a group ride where you arrive only to find out that you will just be riding "where ever the wind blows us"? Obviously there are variables, but this seems to me a silly requirement.

What I find most interesting in all this are the listed exceptions to needing a permit. Again from the Colorado site:

To determine if an SRP is required for organized groups, the authorized officer at a field office evaluates a proposal using the following criteria:

Will the event create conflicts with other users?
Will the event cause resource damage?
Will the event be inconsistent with BLM recreation management objectives?
Will the event create unacceptable risks to public health and safety?

Besides being subjective to the whims of the relevant Agent, these are fairly broad terms. But it can be reasonably argued that a bike ride answers "no" to every question, nearly every time it would be asked.

From the California site:

Preapplication Interview Checklist:

Are you charging a fee?
Do you expect to make money on the event or is the fee to cover expenses?
Will there be a competition?
Will you advertise?
Will you mark a course?
Will you be expecting vehicles at your event? (How many?)
Will your event involve public lands?

If you answered "yes" to any of these questions, you may need a permit from the BLM

All of our rides can fall into the "no" category in all but the public lands question. The vehicles question is odd, and I assume is more applicable to events where massive amounts of people will be participating, or if the event itself involves vehicles, like a jeep safari or rally.

It still comes back to intent though. Will there be a competition? Generally, the answer is yes. Even if the ride is described as a "group ride" or a "solo time trial" there are usually participants who are either going to race one another, or at the very least race against a clock or their own established standards.

The elephant in the room is this: If there are no fees, no registration, no advertisements, no prizes and no sponsorships, then why does the element of competition even matter? Why are we being policed and penalized on our intent to compete?

Why does competition alone require government intervention? Or more accuratley, why does the government think they need to intervene?

Some have asked me why I (or we) just don't get a permit. There are several reasons. First of all, I don't believe we need one. In addition: They are expensive. They must be applied for 6 months in advance. They must list the number of participants, have proof of insurance, and have permission from any relevant land owners, and many other red tape steps. On top of that, they have to be processed and approved by a government agency that can decline the application for any reason at all.

It flies in the face of the spirit and purpose of these rides.

Now, let me point out one more thing. I am not an anarchist. I am not anti-government. But I am pro-self reliance. I believe firmly that individuals ought to be responsible for themselves. I don't need laws and policies to protect me from myself. I will attempt to use my own wit and wisdom to do that. Which is one of many reasons I am attracted to these underground, no frills, rides. They encourage a spirit of independence. Or, as so often cited when describing these rides, they admonish riders to "carry what they need or do without."

Last year at the KTR I pointed out to the BLM officer that fined me (us) that it was easier to simply get ticketed and pay a fine, than it was to apply for a permit.


She reluctantly agreed with me.

Labels: BLM, permits, self supported, underground races