Hale

ORDER WITHDRAWING OPINION AND OPINION

ORDER

This court’s opinion filed on August 25, 2006, and published at 461 F.3d 1092 (9th Cir.2006), is withdrawn and replaced by the attached opinion.

No further petitions for rehearing or petitions for rehearing en banc may be filed.

OPINION

In 2002, plaintiffs-appellants (collectively, “the Hales”) purchased 410 acres of land near McCarthy, Alaska. Their property is completely surrounded by the Wrangell-St. Elias National Park and Preserve (the “Park”), which was created in 1980. The Hales gain access to their property over what used to be the thirteen-mile McCarthy-Green Butte Road (the “MGB road”). In 1938, the Alaska Road Commission listed the MGB road as “abandoned.” All of its bridges have washed away, and the effects of vegetation and erosion have reduced it to little more than a trail. Whatever road-like qualities the route presently has is due to the Hales’ un-permitted “clearing” activities. The primary use of the trail by the plaintiffs has, until recently, been on horse-back.

The house on the Hales’ property burned down in the spring of 2003. During the course of rebuilding, the Hales used a bulldozer to bring in supplies…