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Parachuting Concerns with NPS
at Bridge Day
HISTORY
Rewind back to 1966 where we find two parachutists standing at the top of the 3200' tall El Capitan monolith in Yosemite National Park. As these two pioneers leap from the massive wall, little did they know what role their jump would have in backcountry parachuting history. This was the first recorded parachute jump from a fixed object in a National Park and rangers reacted to it with hostility. Both jumpers were detained and held in the park for three days while rangers poured over lawbooks attempting to find something to charge them with. With nothing on the books, they were released and their gear and cameras returned. Before they left the park, rangers promised that a law would soon be enacted to prevent this type of "stunt" in the future. Ironically, both jumpers attended Bridge Day 2005 to tell their amazing story.

Fast forward to 1980 where Yosemite National Park rangers agree to permit backcountry parachuting from El Capitan. A handful of jumpers didn't follow the rules and jumping is halted after six short weeks. For the next quarter of a century, jumpers arrested in National Parks are charged with "illegal aerial delivery". Illegal Aerial Delivery is an old law originally set in place to prevent the resupplying of squatters in National Parks via parachute. The penalty is a maximum one year in jail, gear confiscation, and $5000 fine. Jumpers have been strip searched and some spent a week in jail just waiting to see the judge. Injured jumpers have been denied lifesaving medical care until they divulged the names of their fellow jumpers. Many jumpers have had conspiracy charges added if two or more jumpers leap together. NPS rangers go out of their way to discriminate against BASE jumpers through aggressive tactics such as landing zone surveillance, jumper suspect lists, and decades of rubber-stamped permit denials. If you don't believe this, just slap a SKYDIVING bumper sticker on your car and drive through Yosemite....you'll be pulled over, searched, and spread-eagle frisked within minutes.

ILLEGAL AERIAL DELIVERY
CODE OF FEDERAL REGULATIONS, TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY, CHAPTER 1 - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR, PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION
36 CFR 2.17 - Aircraft And Air Delivery
(a) The following are prohibited:
3. Delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit.

To further limit BASE jumping in National Parks, the NPS quietly added the following to their 2001 NPS Management Policies:

8.2.2.7 BASE Jumping
BASE (Buildings, Antennae, Spans, Earth forms) jumping- also known as fixed object jumping- involves an individual wearing a parachute jumping from buildings, antennae, spans (bridges), and earth forms (cliffs). This is not an appropriate public use activity within national park areas, and is prohibited by 36 CFR 2. 17( 3)..

Fortunately, the latest NPS Management Policies allow for the removal of "this is not an appropriate public use activity within national park areas", but NERI still requires a director's waiver because they haven't incorporated BASE jumping into their planning process despite written requests dating back to 2005. In January 2006, the New River Gorge National River (NERI) started a series of meetings for their General Management Plan, but Jason Bell was not notified of this until he discovered it nearly two years later (despite then-Superintendent Calvin Hite's promise to notify). Lately, there are numerous legal BASE jumping events and places to jump in the US, but NERI currently hosts the only legal BASE jumping event inside a National Park (Bridge Day). Jumpers continue to fight for the right to make backcountry parachute jumps in National Parks, but the rubber stamped denials still exist.

PAST PROBLEMS AT NEW RIVER
Over the years, rangers at NERI have arrested the most jumpers out of all 384 National Parks in the USA.

NERI rangers conducted a BASE jumper sting operation on October 17, 2003 where rangers posed as fisherman holding fishing poles and video cameras beneath a bridge outside of Beckley. Rangers were dressed in fisherman outfits while pretending to be fishing near the river. Rangers actually waited for jumpers to descend via parachute before reportedly pulling a gun on them and arresting four people. Video cameras were used to capture evidence for this "serious crime". When Jason Bell confronted Chief Ranger Gary Hartley about the sting operation, Gary responded by saying that he suspected jumpers were timing their "off-season" jumps to coincide with NPS meetings, so he sent two rangers to the bridge to wait for jumpers to leap. Other rangers have confirmed that sting operations are utilized at NERI. This is a complete waste of tax dollars and it supports our claim of serious discrimination and persecution of jumpers by the NPS.

NERI rangers arrested BASE jumpers who jumped from the state-owned New River Gorge Bridge and landed on private property NEAR a National Park. The rangers are actually arresting jumpers when they were never even in a National Park. When jumpers challenged them, rangers threatened jumpers with state legislation that would make it a crime to jump off the bridge. Their threat indicated that they knew they had no legal jurisdiction, but since they've been incorrectly arresting jumpers in this manner for years, they didn't want to make it public. Rangers later dropped their illegal aerial delivery charge down to petty trespassing in order to prevent being challenged over this incident. At that time, jumpers did not have enough money to fight the NPS in court on this issue.

The best video from Bridge Day 1991 came from the NPS. A ranger was actively videoing each jumper at the exit point - possibly to capture facial images of base jumpers for their jumper database. In the late 90's, they also had video cameras in the landing zone and were filming each jumper's face. We would love to know their official stance on why they are filming us.

NERI rangers have maintained a BASE jumper suspect list for many years. Although they will deny it, all you simply have to do is read this webpage. The Bridge Day NPS permit issued to jumpers has always contained a clause that the rangers be able to obtain a complete list of all jumper names, addresses, and birthdates upon request. In past years, providing this list caused much controversy because we knew the NPS was merely adding to their jumper suspect list. There were even a few years where jumpers wouldn't accept the permit until rangers removed this clause (rangers gave in hours before the start of Bridge Day). Lately, with Sheriff Laird doing full background checks for all new jumpers, we are wondering if the list is being shared with the NPS? During a Bridge Day Commission meeting in 2004, we requested that the NPS remove the personal information request (name, birthdate, address). We were told that the NPS might need jumper personal information due to terrorist concerns and they refused to remove it from the permit. We have continued to request the removal of this line item and have also informed the NPS that we do not have jumper addresses or birthdates and that we would refuse to divulge this information if asked. Vertical Visions does not keep a database of jumper personal information and is not properly trained to collect or maintain this type of information. Any personal information that is collected is passed onto Sheriff Laird on September 1st each year and then immediately destroyed.

According to Tom Dragan (Bridge Day water rescue leader), for many years the NPS has threatened to arrest him and any part of his water rescue crew if they assist a parachutist who jumps outside the 9am-3pm window. If the jumper lands in the cold river and Tom Dragan's crew rescued them from a possible drowning death, the NPS will arrest Tom and anyone else assisting in the rescue. This issue was brought to the attention of Gary Hartley at the September 21, 2005 Bridge Day Commission meeting and Gary offered no apologies or change of tactics for this year.

CURRENT PROBLEMS AT NEW RIVER
Bridge Day jumping began in 1980, but the NPS didn't purchase the jumper landing zone until the mid-1980's. Since that time, the NPS has required a Special Use Permit for jumpers to land.

As Bridge Day 2005 fast approached, BASE Jumping Coordinators Jason Bell and Bill Bird asked the NPS in May to outline all costs for the landing zone so that jump ticket prices can be set. The NPS mentions that Special Use Permit fees may increase, but no figures are available. July 1st was the start of jump ticket sales that year and the price was set at $75. Each jumper got as many jumps as he could make in six hours, along with water rescue, shuttles, T-shirts, food and beverage, party, film festival, trade show, free first jump courses, seminars, and countless other items. With no major cash sponsor that year, Jason Bell raised jump ticket prices by a mere $5 to cover the increasing cost of administering his portion of the event. The increase also covered items previously paid for by sponsors. For Bridge Day 2007, the NPS is planning to charge jumpers $2500 in order to rent the landing area for six short hours.

At this point, you may want to view the following document in order to reference specific letters between Vertical Visions and the National Park Service. These letters are referenced in much of the text below. You can download and view the PDF file here: Bridge Day NPS Problems 2005

Landing Zone Fees Up 429%
On July 25, 2005, Calvin Hite informed jump organizers that he is raising Special Use Permit fees from $660 to $1274 for Bridge Day 2005 (a 93% increase from last year) and then up to $2500 at Bridge Day 2007 (a 429% increase in two years). In addition, jump organizers will now be forced to pay for travel expenses for any rangers that are imported from other National Parks in order to handle the entire Bridge Day event. Basically, jump organizers could get stuck with thousands of dollars in travel bills for rangers to be flown in from Yosemite or other parks. We highly disagree with the fee increase and possible travel expense reimbursement. If BASE jumpers are the reason for the success of Bridge Day, why are they being forced to incur unjustifiable travel expenses and permit fee increases? In past years, we were only billed for two rangers. However, this year five rangers are required by the NPS to "monitor" the event. In other words, we're paying for three additional rangers to stand around and enjoy the show. Up to 15 rangers have been spotted in the landing zone in recent years - most of them were simply enjoying the show.

NPS Hard at Work
NPS Earns Their $2500 Landing Zone Fee (for six hours of work)
In July/August 2005, Bridge Day jumpers found out about the fee increases and Calvin Hite was inundated with phone calls, faxes, emails, and letters. According to Gary Hartley, who normally handles Bridge Day business for the park, Calvin takes over all Bridge Day business (possibly due to the massive amounts of complaints he's received). Calvin tries to smooth over fee increases by showing how little it will cost each jumper. He also explains how all Special Use Permits were increased this year, but he fails to consider that Bridge Day is a community event that affects thousands of local businesses. Then, on September 15th, Calvin apparently retaliates by requiring a $1,000,000 liability insurance policy as a condition of the permit.

NPS Requests $1,000,000 Liability Insurance
The NPS requirement for liability insurance has been waived every year for the last two decades (except for 2002 when energy drink giant Go Fast Sports didn't request a waiver and their standard insurance policy met NPS requests). Past and current Bridge Day BASE jumping organizers have attempted to obtain liability insurance to protect spectators in the landing zone. With no one willing to insure the event, it was deemed uninsurable. The NPS doubted the fact that insurance was unobtainable and they spent 30 days trying to find their own policy. They failed as well.

On September 15, 2005, Calvin Hite wrote a letter to Vertical Visions requesting $1,000,000 liability insurance based on his claim that a similar parachuting event, the Royal Gorge Games, was able to obtain insurance in the past. In the past, it was determined by both the BASE jumping organizers (past and present) and the NPS that insurance was unobtainable. Since the landing zone fee increases weren't mentioned until July and the $1,000,000 insurance coverage wasn't mentioned until mid-September, it is pretty clear that no money exists to pay for this expense. We'll have to find another landing zone this year and the safety of Bridge Day jumpers is in serious jeopardy. We would like to land in the New River, but the NPS reports that they have jurisdiction over the river and they'll arrest us. So, Vertical Visions and the Fayetteville Chamber of Commerce scrambled to accommodate this 11th hour request by spending several days attempting to obtain insurance. In the meantime, a local reporter contacted Vertical Visions to find the latest news on Bridge Day. On September 21st, several local newspapers ran a front page story titled "Bridge Day BASE Jumping in Jeopardy." On the same day, a heated Bridge Day Commission meeting was held with landing zone fee increases and liability insurance being the main focus. At least 10-15 local business owners attend the meeting to support BASE jumping. The NPS refuses to lower landing zone fees, remove the travel expense clause, and they fail to make a decision on whether or not to waive the $1,000,000 liability insurance requirement. At least three TV stations, a radio station, and several reporters are waiting outside the meeting to interview Jason Bell, Gary Hartley (NPS), and other Bridge Day Commission members. The insurance request is headline news across the state for the next several days.

The following day, word gets to WV Congressman Rahall and he nudges the NPS to drop the $1,000,000 liability insurance requirement. Calvin agrees to remove the insurance requirement. In an Associated Press story, Calvin said, "We realized it was late in the game when we found out that this insurance was available, so we decided to grant the waiver." Then Calvin conveniently forgets about how the NPS failed to find insurance in the past when he responds to Vertical Visions' insurance waiver letter. He cc's this September 22, 2005 letter to Congressman Rahall.

I was offended by Calvin Hite's September 22, 2005 letter in which he wrote, "Even though we believed your past claims that insurance was not available, our own research has found that other BASE jumping organizations and events are requiring and acquiring liability insurance." Calvin Hite believed our claims because, in the past, the NPS failed as well to find liability insurance coverage. It was only through recent (September 2005) research that the NPS apparently found someone willing to insure the event. When I contacted Sarah Fuller with Bloss & Dilliard, whom the NPS reports as an entity willing to insure the Bridge Day landing zone, I was informed that Bloss & Dilliard does not provide insurance coverage to individuals or companies. They are merely a broker.

As of October 2005, we are still investigating NPS claims that insurance for Bridge Day is actually obtainable or obtainable at a reasonable cost. The Royal Gorge event, cited in Calvin Hite's September 15th letter as an insurable BASE jumping event, is different because it does not occur inside a national park and no spectators are present in the landing zone. Insurability of one parachuting event does not guarantee insurability of another parachuting event. In my experience, insurance companies typically require permit details, contracts, jumper waivers, landing zone diagrams, and other details of an event before they can truthfully determine whether insurance is available. I'm curious if Mr. Hite provided this information to Bloss & Dilliard prior to making the statement that Bridge Day is insurable.

Also in Calvin Hite's September 22, 2005, he wrote, "This is your third year as the Bridge Day BASE organizer, and this is your third request for an insurance waiver." Our response to this is that every organizer, past and present, has routinely waived the insurance requirement (with the exception of Go Fast Sports in 2002). In 2003 and 2004, the NPS did not hesitate to ask us if we would like to request an insurance waiver. Liability insurance was never discussed or required because the event was uninsurable at that time.

Our reasons for not obtaining liability insurance may not satisfy the NPS this year. But the following items do offer a considerable amount of liability protection that has proven to suffice in past years:

  • Jumpers are waivered against causing property damage or spectator injury in the landing zone
  • Jumpers are also video waivered (they speak into a video camera) against causing property damage or spectator injury in the landing zone
  • NPS and Vertical Visions post "Enter at your own risk" type signs near landing zone.
  • Spectator viewing areas are roped off and located away from the landing zone.
  • My exit staff of 75 people help to remove jumpers, spectators, and media from the landing zone.
  • We are only concerned with spectator injury or property damage. Jumper injuries are not an issue with the three levels of waivers that are required (written, video, badge).
As we stated at the September 2005 Bridge Day Commission meeting:
  • We are not against having liability insurance for the landing zone if it is obtainable and at a reasonable cost.
  • However, we are against the 11th hour NPS requirement for liability insurance when it has not been required in the past and our May 2005 requests for NPS permit costs/requirements were ignored for four months.
NPS Pays Snitches at Local Hotels (April 2008)
It's now confirmed that rangers at the New River Gorge National River have been paying employees of two local hotels to snitch on BASE jumpers outside of Bridge Day. When the snitches noticed BASE jumpers at these hotels or in the Fayetteville area, they would call the NPS who would ramp up efforts to catch jumpers in the act. If the jumpers were caught, the snitches got paid. Regardless of the legality of the NPS paying snitches, this reckless attitude by local rangers is another discriminatory action that wastes your tax dollars. Rangers at NERI must have a hard time sleeping at night knowing that someone might be jumping off a local bridge (gasp!). BASE jumpers harm no one with their jumps. We often wonder if Bridge Day would still be around if BASE jumping from the New River Gorge weren't possible.

Perhaps in the future, the best course of action would be for the Bridge Day Commission to handle landing zone permits and insurance. After all, it is their event. But in 2006, the Bridge Day Commission states this is not an option unless the local Chamber of Commerce handles jumper registration. It sounds like no one wants to go against the NPS and no one wants to help the jumpers. If jumpers must absorb the high costs of liability insurance, we are concerned that many will opt to skip Bridge Day and instead jump at other events. This is already being seen as Bridge Day attendance is down over the last few years. The 3-day long "Go Fast Games" at the Royal Gorge Bridge or the legal-everyday Perrine Bridge in Twin Falls, Idaho are fast becoming more attractive than the small six-hour window granted at Bridge Day. If jumpers are not treated with more respect and local costs are not reduced, a time will come where BASE jumpers will be forced to skip Bridge Day. How do you think the locals would react if jumpers decided to boycott the next Bridge Day?


 

 
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PO Box 934, Bridgeport, WV 26330 USA
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Phone: 1-304-203-8500
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