Re: [tfelber] compelling argument for compatibility?
>> don't believe the law was created by the NPS. It being federal jurisdiction, it must have been implemented through some congressional body or a majority vote on a ballot (which I doubt). Therefore, us appealing to the NPS doesn't get us very far. They are, as we call them, just a tool and they really don't see themselves as anything other than that.<<
If you mean the "aerial delivery" law I don’t know when exactly it came into existence, but I always assumed it goes back to the 1950s. I do think Mike and Brian got tagged with it (I'll ask him this week) so that brings it back to at least 1966.
In any case this law, in its original intent, had nothing to do with personal (people) parachuting. This law was originally aimed at back country hunters. The NPS knew hunters could only stay out there for as long as they had supplies like food and ammunition. But then some crafty hunters arranged for airplanes to over fly their positions and drop, by parachute, more supplies thereby allowing them to extend his time on the hunt. And since there is no specific federal law banning BASE jumping in National Parks, they use this aerial delivery law against us.
On your second point, the NPS does have a mechanism in place that allows us to get around this federal law. It's called a permit. It's the same permit that allows us to land on NPS property at Bridge Day. When Jean Boenish was last working on the NPS to allow Yosemite jumps she had so exasperated the Rangers the Park Superintendent finally said he'd issue the permit if the Director of the NPS in Washington said it was all right. Jean flew to DC and the Director said it was all right with him if it was all right with the Park Superintendent. It was the classic "ping-pong" ploy and Jean was the ball going back and forth. In those days we laughed at Jean and weren't all that interested in really helping her. We were air pirates, loathed asking anyone's permission for anything, and if we wanted to jump El Cap we just did it.
Someone else mentioned another point I've often considered in the past. It involves the argument that BASE is not an appropriate use of the Park. What happens if the United States Tennis Association says they want to hold their "nationals" in El Cap meadow? Their argument that Yosemite is a beautiful venue for tennis wouldn't hold much sway as you can play tennis anywhere. But in our case there are damn few places in the U.S. you can do a decent "safe" delay on a cliff jump.
If there were a half dozen other 2200-ft shear walls in this country we wouldn’t be going on like this about Yosemite. But we aren’t there for the "serenity" we are there for the walls, and we have a better case than almost any other user of the park. Except for climbers who have no other "world class" walls in this country either, the fisherman, hunters, campers, and hikers, and hang glider pilots have thousands of places to choose from.
On another issue I said the people who screwed up El Cap back in the early 80s were skydivers and not BASE jumpers and someone challenged that. Well what happened was when the USPA got the so far one and only "legal" season at El Cap (that lasted only three weeks before the Rangers shut it down) none of those people were "BASE" jumpers. In fact very few people would have called themselves purely BASE jumpers in 1981. Carl hadn’t yet even named the sport "BASE" when this USPA program began. Those four jumpers off El Cap on the loads Carl organized (the ones you see in his movies) in 1978 had never made a BASE jump either before or since. The people who flocked to El Cap with permits in hand weren't BASE jumpers either; they were skydivers looking to make a fixed object jump. What I'm saying is BASE, as a stand alone sport, didn’t really exist in the world at that time. The "Flatbed Ten?" Skydivers! The people who jumped without permits? Skydivers! The people who launched RW Diamonds and jumped at night? Skydivers!
I was at the meeting in Perris where the "rules" for the legal El Cap program were hammered out in 1981. Not one of us in the room had even made a fixed object before. And it was comical (compared to what we know now) what we thought was important. The fact was we'd seen Carl's El Cap movie and we all wanted to do that too.
The NPS, in response to the USPA's requests, already knew they were on shaky legal ground. So they decided to let us jump after reviewing the rules and this is where they were so much smarter than we were. They knew we'd eventually bust every rule, would be able to shut the jumping down for cause, and then have the ammunition to say, "Look, we tried it, and doesn't work, these people just can't follow the program."
Now the question you have to ask yourself is this? What's different about fixed object jumping in 1981 compared to BASE jumping today? Everything!
It wasn't until the late 80s that BASE started to develop its own rules for survival. It wasn't until then BASE ethics began to develop, that special BASE gear started coming into its own, and that we started to realize SKYDIVING & BASE JUMPING WERE TWO DIFFERENT THINGS!
So when I say those people were skydivers and not BASE jumpers that's what I mean. So now here we are all these year later. BASE jumping has matured into its own. With almost thirty Bridge Days behind us, with every thing that has happened, all the progress, and all we've learned the NPS still sees us like the knuckleheads they dealt with in 1981. It's kind of funny now, in a sad way, as the issues between BASE jumpers and Rangers is now inbred. BASE jumpers who have never even met a Ranger face to face hate them and the reverse is true too. This is the now probably the third or fourth generation of the Hatfield's and McCoy's.
BASE in Yosemite has always been, no matter what anyone says, just barley out of our grasp. All it would take is Yosemite's chief Ranger signing his name on a piece of paper. Just like he does for weddings and other special events. Except BASE in the Park is not that "special" in that it's an "obvious" use. It's the very reason Mike and Brian thought of first jumping there, it's the very reason Carl Boenish followed through after a day in the Valley when he looked up and thought, "Man, we can jump here!"
Our best chance now is to separate ourselves from the Flat Bed Ten. And it's not too hard because we really aren't those people anymore. Those people were skydivers and we are BASE jumpers . . . but I fear if even we are incapable of seeing that, we're doomed . . .
NickD
BASE 194