How to Open a NPS Trail to Bicycles: The Process Explained

This document describes the process of promulgating special regulations as required by 36 CFR 4.30 to open a NPS trail to bicycles.

1. The local NPS unit conducts an internal review of current planning documents to determine if mountain bike use is appropriate for the proposed area. The Superintendent also solicits comments from the public and park staff.
2. If the Park Superintendent decides to pursue the process, she or he prepares a document containing the text of the proposed rule, a map, a description of the trail, and a rationale for opening the trail to bicycling. This document is submitted to the NPS Regional Director's office.
3. An Environmental Assessment (EA) is necessary to determine the environmental impacts and consequences of the proposed rule. [i] For larger projects, a more in-depth Environmental Impact Statement may be needed. The EA or EIS process should be completed prior to the proposed rule to avoid the appearance of disposition.
4. After the EA comment period and after the preparation of the rule, the regional NPS office reviews the proposed rule. If the proposal merits further efforts, then the regional office will send the proposed rule to the NPS headquarters in Washington, DC.

In Washington, DC, the proposal to open a trail to bicycling goes through the following process:
5. The document arrives at the NPS Regulations office, which conducts a technical review for compliance with federal laws and regulations, NPS management policies and formatting.
6. Department of Interior solicitors conduct a legal review of the rule.
7. The Office of Management and Budget (OMB) may choose to review the proposed rule.
8. The proposed rule is reviewed by several offices of the NPS and the Director of NPS. If she or he accepts agrees with the proposal, it is forwarded for approval to the Assistant Secretary for Fish and Wildlife and Parks.
9. If the Assistant Secretary supports the proposed rule, it is then published in the Federal Register. The Federal Register is a daily publication of the U.S. government that announces all special rules and many other events in all federal agencies. The Federal Register notice includes the text of the rule and the explanation and rationale for the change.
10. The public gets a period of time -- usually 60 days -- to review and comment on the proposed rule.
11. Following the public comment period, the NPS regulations office, working with the park, will analyze the public comments and will respond to all substantive comments in the final rule. The rule may also be revised in response to the public comments. At the same time, the EA or EIS is finalized.

The revised proposed rule or final rule then goes through the same process again:
12. Regional regulations office.
13. NPS solicitors.
14. Director of NPS.
15. Assistant Secretary for Fish and Wildlife and Parks
16. If OMB did review the initial proposal, that agency gets another 45 or 90 days to review the final version.
17. When the Assistant Secretary approves of the revised document and OMB signs off, the Final Rule is published in the Federal Register, along with an explanation of any revisions and a summary and response to public comments.
18. The rule takes effect 30 days after publication.

[i] Regarding bicycling, the Saguaro National Park in Arizona decided they did need to write an Environmental Assessment while proposing to re-open the Cactus Forest Trail. The Cactus Forest Trail was the first singletrack open to bicycling in the National Park Service. After 11 years of being open to bicycling, it was closed for a period when the agency realized it had not gone through the full regulatory process. It is now again open.

The EA process:

The National Environmental Policy Act (NEPA) requires that any federal action with a significant effect on the environment be analyzed by the agency proposing the action. Generally, proposed actions in a confined area, such as a trail corridor, require an Environmental Assessment (rather than the full-blown Environmental Impact Study, or EIS, required for park-wide General Management Plans).

The local NPS unit will undergo the following process to conduct an EA:

1. Either hiring an external company to conduct the EA or appropriating park staff to undertake the process.
2. Data collection
1. NPS staff may meet with local riders and others to visit and discuss potential sites for trail construction and/or opening.
3. Developing a range of alternatives
1. Describing the environmental impact of several proposed actions (not opening the trail, opening the trail, etc).
4. Analysis of alternatives
1. The NPS unit conducts an analysis of the proposed actions in each Alternative and determines which is its "Preferred Alternative."
5. Release drafts and 30 or 60-day public comment period
6. Release final documents

This process can take as little as three months or as long as two years, depending on the political and social volatility of the issue and other factors.