[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Proposed Rules]
[Pages 11019-11022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5501]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD10


Special Regulations, Areas of the National Park System; Saguaro 
National Park, Designated Bicycle Routes

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) has proposed this rule to 
designate a route where bicycles may be used off road in Saguaro 
National Park. This rule is necessary because the NPS regulations for 
bicycle use off park roads in units of the National Park System require 
that a special regulation be promulgated in order to allow use on 
trails outside of developed park areas.

DATES: Comments must be received by May 6, 2003.

ADDRESSES: Comments may be sent to the Superintendent, Saguaro National 
Park, 3693 South Old Spanish Trail, Tucson, AZ 85730-5601 E-mail: 
[email protected]. Fax: (520) 733-5183.

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, NW., Room 7248, Washington, DC 
20240. Phone number: (202) 208-4206. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Description of Saguaro National Park

    Saguaro National Park is an important national resource visited by 
approximately 755,618 people annually. The gross area acreage is 
91,445.96 (Federal: 87,156.17; Nonfederal: 4,289.79) of which 71,400 
acres are designated wilderness. Giant saguaro cacti, unique to the 
Sonoran Desert, sometimes reach a height of 50 feet in this cactus 
forest, which covers the valley floor and the slopes of the Rincon and 
Tucson Mountains. The Cactus Forest Trail is a multi-use trail (5.3 
miles long) that originates at the northern boundary of the park and 
eventually bisects the Cactus Forest Loop Drive. The segment of the 
Cactus Forest Trail within the loop drive is 2.5 miles long. Cactus 
Forest Loop Drive, an 8 mile paved loop road located in the western 
portion of the Rincon Mountain District, originates from the main 
entrance and visitor center and is the only paved road in the park. The 
Cactus Forest Trail is designed along the natural topography and 
vegetation of the area and meanders through a relatively even elevation 
with rolling hills and gentle peaks. The trail is lined with a variety 
and abundance of desert trees and shrubs.

Legislation and Purposes of Saguaro National Park

    Saguaro National Park was initially reserved as a national monument 
on March 1, 1933 (Proclamation No. 2032, 47 Stat. 2557), and 
transferred from the Forest Service, U.S. Dept. of Agriculture, to the 
National Park Service on August 10, 1933. This area was of outstanding 
scientific interest because of the exceptional growth of various 
species of cacti, including the so-called giant saguaro cactus. 
Proclamation 3439 (November 16, 1961), enlarged the boundaries of the 
Saguaro National Monument to include certain lands within the Tucson 
Mountains containing a remarkable display of relatively undisturbed 
lower Sonoran desert vegetation, including a spectacular saguaro stand. 
Public Law 94-567 (October 1976) designated parts of Saguaro National 
Monument as a wilderness area, known as the Saguaro Wilderness.
    On January 3, 1991 Congress passed the ``Saguaro National Monument 
Expansion Act of 1991'' to authorize the addition of approximately 
3,540 acres to the Rincon unit of Saguaro National Monument in order to 
protect, preserve, and interpret the monument's resources, and to 
provide for education and benefit to the public. Under the Saguaro 
National Park Establishment Act of 1994, Saguaro National Monument was 
given full recognition and statutory protection and renamed a National 
Park. See 16 U.S.C. 410ZZ.

Management Plans

    Saguaro National Park General Management Plan (GMP) was completed 
in 1988. The GMP envisions the Rincon Mountain District as a main 
attraction for the first-time visitors, with the focus on the Saguaro 
forest and the lower Sonoran desert. Suggested frontcountry 
recreational uses include ``* * * biking, jogging, picnicking, sunset 
watching, and horseback riding'', while the ``* * * backcountry 
wilderness would continue to be used primarily by hikers and horseback 
riders.'' In the 1988 plan, the Cactus Forest trail is located in the 
frontcountry natural zone with a historic zone overlay. The management 
emphasis of the natural zone is the conservation of natural resources 
and processes. The plan states that ``In certain locations, uses are 
allowed that do not adversely affect these resources and processes.''
    The park's trail plan for the Cactus Forest section of the Rincon 
Mountain District was completed in 1991. In addition to hiking and 
equestrian use, the plan proposed that the Cactus Forest Trail inside 
the Cactus Forest Loop Road be open to bicycle use for a one-year trial 
period. The plan also proposed the monitoring program designed to 
evaluate the environmental and social impacts of mountain bike use on 
the trail. The park adopted the plan's proposal and the trial period 
was extended for more than 10 years. The monitoring plan results 
indicated, overall, that any adverse impacts associated with bicycle 
use was negligible.
    Since 1992, bicyclists, pedestrians, and equestrians were allowed 
to use the portion of the Cactus Forest Trail within the paved loop 
drive area. Recently, it was brought to the Park's attention that 
National Park Service regulations appear to require promulgation of a 
special regulation to permit bicycle use along the 2.5-mile section of 
the Cactus Forest Trail. In reviewing the actions leading to the 
opening of this trail for mountain bike use over ten years ago, the 
Park discovered that the requirements in the regulation governing 
bicycle use had not been followed. While the trail is located in the 
frontcountry as identified in the GMP, the area is designated a natural 
zone. Under the servicewide regulations, because the trail is not in a 
developed area or special use zone the park is required by 36 CFR 
4.30(b) to adopt a special regulation to designate a route for bicycle 
use. In part the regulations state that:

    Routes may only be designated for bicycle use based on a written 
determination that such use is consistent with the protection of a 
park area's natural, scenic and aesthetic values, safety 
considerations and management objectives and will not disturb 
wildlife or park resources. Except for routes designated in 
developed areas and special use zones, routes designated for bicycle 
use shall be promulgated as special regulations. (36 CFR 4.30)

    Based on the criteria in the regulations, and the fact that the 
trail was not identified as being in a developed zone in the GMP in 
1988, the Park determined that it did not then have the authority to 
allow such use on

[[Page 11020]]

the trail. On April 15, 2002, the park closed the Cactus Forest Trail 
to bicycle use and initiated an Environmental Assessment and the 
special regulation process. In addition, the park will be addressing 
the bicycle use issue in a comprehensive way through the new GMP 
process that began in September 2002. The new GMP is scheduled to be 
complete in approximately 2-3 years. Apart from this proposed rule, in 
the meantime, bicycles are allowed to use paved and unpaved roads in 
the park pursuant to 36 CFR 4.30(a).

History of Bicycle Use

    In the early 1990's the NPS was in the process of preparing a 
trails management plan for the Cactus Forest section of the park. 
During the planning process, public scoping revealed that some members 
of the local community and the visiting public were interested in 
mountain bike trails in the park. Based on this information, the NPS 
analyzed the appropriateness of establishing mountain bike trails. As 
noted above, the park opened that portion of the trail inside the 
Cactus Forest Loop Road to mountain bike use for a one-year trial 
period. The park monitored the trail for resource and social impacts by 
implementing a monitoring plan that included sixteen photo-points along 
the trail. Park staff monitored these locations on a monthly basis.
    The park recorded approximately 1,200 bicyclists, or nearly 50% of 
all trail users, on the trail between May 1, 1992 and June 30, 1993. 
There were no major incidents or accidents during the trial period. At 
the end of the one-year period, the park concluded that monitoring data 
revealed little measurable resource impact caused by bicycle use and 
the decision was made to keep the Cactus Forest Trail inside the loop 
road open to bicycle use. The park continued to monitor the trail for 
resource damage at the designated monitoring points, performed patrols, 
and engaged in informal contact with visitors using the trail. 
Continued use of that trail by bicyclists had been authorized by the 
Superintendent's Compendium since that time. Until bicycle use was 
prohibited in April 2002, the trail continued to be a popular trail for 
mountain biking. Much of the trail follows an old two-track road that 
was allowed to revegetate and become a trail. About half the use of the 
trail is by hikers and equestrians.

Impacts

    Soils: Reinstating mountain bike use would likely result in added 
visitation on the trail. This type of use would impact soils 
differently than hiking and equestrian use. Some monitoring points show 
that soil erosion and loss has been exacerbated by the ``cupping'' of 
the cross-section of the trail that is caused by repeated use in the 
center of the trail. At times, multiple uses occurring on the trail 
have resulted in beneficial impacts by redistributing soils across the 
trail. Soils may be distributed from the center of the trail to the 
sides by cyclists, and then loosened and redistributed in the center of 
the trail by horses and hikers. Park staff would continue to maintain 
the trail depending on available staffing and funding levels. With 
proper trail repair and maintenance, the overall effect of added 
visitation on soils would be of minor intensity.
    Vegetation: Mountain bike use would contribute to a greater amount 
of disturbance of vegetation from riders dismounting from their bikes 
onto the side of the trail to yield to another trail user or to push 
their bike uphill. Vegetation that is affected is typically located in 
steeper slopes or where the trail curves and is lost through repeated 
trampling. Impacts from the added use would be of minor intensity. 
Trail repair and rehabilitation may offset some of the impacts 
associated with trailside vegetation loss. Trailside re-vegetation 
efforts could help to restore the natural scene, as well as contribute 
to a more defined trail path.
    Wildlife: Wildlife would be frightened or displaced by the presence 
of visitors. However, given the higher speeds that mountain bicycles 
may reach on the trail, there may be a greater tendency for cyclists to 
encounter and frighten wildlife. There may also be a greater tendency 
for mountain bikers to run over smaller vertebrates such as snakes on 
the trail. These factors, along with an anticipated increase in the 
amount of use on the trail are expected to result in more individual 
wildlife species being frightened and displaced from the immediate 
area. Overall, the impacts of this use on wildlife would be of minor 
intensity.
    Archeological resources: Reinstating bicycle use on the Cactus 
Forest Trail would not have any additional impacts on archeological 
resources or historic structures. As with any increase in visitation, 
however, there is a greater possibility that cultural resources could 
be discovered and/or damaged. Bicycle use off the trail would not be 
permitted and it is anticipated that visitors would remain on the 
trail; therefore, impacts to archeological resources and historic 
structures would be negligible.
    Visitor conflicts: Bicyclists would view the opportunity for an 
off-road experience in the park as beneficial. However, some hikers and 
equestrians would feel as though their ability to experience park 
resources along the trail is diminished if they see mountain bike use 
as incompatible with their desired experience. Some hikers and 
equestrians may choose to use the trail less or avoid the trail 
completely. However, the multi-use orientation of the trail would be 
likely to have no more than minor impacts on a hiker or equestrian's 
ability to experience the park. This is because a number and variety of 
other trails in the Cactus Forest area are open to hiking and 
equestrian use only.
    Visitor safety: There would be a greater potential for visitor 
accidents under this proposed rule in comparison to no bicycle use. 
Mountain bikes traveling at higher speeds could inadvertently collide 
with other recreationists, regardless of their mode of travel. Horses 
may be frightened by bicyclists and their response may result in a 
number of unsafe situations. Given the past record of incidents on this 
trail, however, reinstating mountain bike use would not be considered 
an unsafe use if recreationists continued to abide by the recommended 
trail etiquette/rules. Overall impacts to visitor safety would be 
negligible to minor in intensity.
    Threatened species: According to the U.S. Fish and Wildlife 
Service's October 2001 list of listed, proposed and candidate species 
for the area, there are seven species of concern, including four 
federally listed species (Mexican spotted owl, cactus ferruginous 
pygmy-owl, lesser long-nosed bat, Gila topminnow), one delisted species 
(American peregrine falcon), and two species proposed for listing 
(Chiricahua leopard frog, Goodding Onion) that are known to or might 
occur in the Rincon Mountain District where the Cactus Forest Trail is 
located.
    The Goodding onion has not been recorded in the Rincon Mountains. 
The Cactus Forest Trail is in the same watershed as a drainage that 
could potentially be used to restock Gila topminnow. However, the 
Cactus Forest Trail is well below and disjunct from that drainage, and 
activities on the Cactus Forest Trail would have no impact on that 
drainage or affect its potential to reintroduce this fish. Despite 
surveys throughout the Rincon Mountains by Saguaro and other NPS 
biological staff, Chiricahua leopard frogs have never been recorded in 
Saguaro National Park. Furthermore, the proposed action will not affect 
potential habitat for this frog, which requires surface water above 
3,000' elevation.
    The Cactus Forest Trail is located over a mile from the known 
Lesser long-

[[Page 11021]]

nosed bat roost, and neither the trail, nor any of the activities 
proposed to occur on it, would be expected to disturb bats (which 
forage after dark), or saguaros or agaves, upon which the bats forage. 
Cactus ferruginous pygmy-owls (cfpo) have not been confirmed to occur 
in the Park since 1995; however, they probably inhabit, and may breed, 
in the low (<4000') elevations of the Rincon Mountain District of the 
Park. Within the last 20 years, two possible detections of this species 
occurred within a half-mile of the Cactus Forest Trail. Based on the 
descriptions of recently occupied territories, it does not appear that 
human presence, particularly established presence, is a deterrent to 
owl occupancy of a site.
    American peregrine falcons are known to occur in the Rincon 
Mountain District, and may forage and perch around the project area in 
the non-breeding season. Peregrines may be affected by and try to avoid 
human activities on the Cactus Forest Trail; however, hiking, riding or 
biking on an established trail would be expected to have negligible to 
minor impacts on these birds. Five Mexican spotted owl protected 
activity centers lie within the Rincon Mountain District above 7000' 
elevation. Designated critical habitat for the owl does not include the 
Cactus Forest Trail, nor is the project area suitable habitat for the 
owls.

Authorizing Bicycle Use

    The proposed rule would open the approximately 2.5 mile section of 
the Cactus Forest Trail located within the Cactus Forest Drive loop to 
mountain biking on a permanent basis. The park would continue to 
monitor and mitigate the environmental impacts of mountain bike use 
through the use of volunteer organizations and local interest groups to 
ensure that the trail is maintained in good condition and issues of 
concern are immediately brought to the attention of the park management 
staff.

Public Comments

    Saguaro National Park conducted initial internal scoping with 
appropriate park staff, internal scoping was conducted by an 
interdisciplinary team of Saguaro National Park, and planning 
professionals of the National Park Service, Intermountain Support 
Office in Denver. Teams members conducted a field trip on July 11, 2002 
to discuss purpose and need; important resource topics; past, present, 
and possible mitigation measure of the proposed action. Affiliated 
Native American tribes were contacted by letter dated July 12, 2002 to 
solicit any interests or concerns with the proposed action. External 
scoping was through a public scoping letter dated August 2002 and 
mailed to interested and affected parties. A press release was mailed 
to local newspapers.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, Local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule. The Pima County Parks and Recreation Department supports the 
establishment of this rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule does not raise novel legal or policy issues. This 
rule simply implements the servicewide bicycle regulation with respect 
to a specific route in Saguaro National Park.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
    There are no businesses in the surrounding area economically 
dependent on continued mountain bike use on this trail. The park does 
not have any mountain bike rental concessioners and the users are 
mainly private individuals using the trail for recreational purposes.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implications assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This proposed rule only effects use of NPS 
administered lands and waters. It has no outside affects on other areas 
and only allows use within a small portion of the park.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act and has prepared 
an Environmental Assessment (EA). A copy of the EA is available by 
contacting the Superintendent, Saguaro National Park, 3693 South Old 
Spanish Trail, Tucson, Arizona 85730-5601. The EA may also be viewed 
via the Internet at http://www.nps.gov/sagu/CactusTrailEA.pdf.

[[Page 11022]]

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2:
    We have evaluated potential effects on federally recognized Indian 
tribes and have determined that there are no potential effects. 
Affiliated Native American tribes were contacted by letter dated July 
12, 2002 to solicit any interests or concerns with the proposed action. 
Two tribes responded; the Tohono O'odham and the Hopi Tribes. Both 
tribes expressed concern that archeological resources be surveyed for 
impacts from this proposed bicycle use. The NPS has determined that the 
archeological resources will not sustain adverse impacts and have 
indicated this in writing to the tribes.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  7.11 Saguaro National Park.) (5) Is the description of the rule 
in the SUPPLEMENTARY INFORMATION section of the preamble helpful in 
understanding the proposed rule? What else could we do to make the rule 
easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected].
    Drafting Information: The primary authors of this regulation were 
Delpha Maunders, National Park Service Santa Fe, Kym Hall, NPS 
Regulations Program Manager, and Sarah Craighead, Superintendent, 
Saguaro National Park.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail comments to 
Superintendent, Saguaro National Park, 3693 South Old Spanish Trail, 
Tucson, Arizona 85730-5601. Fax: (520) 733-5153. You may also comment 
via the Internet to [email protected]. Please also 
include ``Attn: Bicycle Rule'' in the subject line and your name and 
return address in the body of your Internet message. Finally, you may 
hand deliver comments to Superintendent, Saguaro National Park, 3693 
South Old Spanish Trail, Tucson, Arizona. Our practice is to make 
comments, including names and addresses of respondents, available for 
public review during regular business hours. Individual respondents may 
request that we withhold their home address from the rulemaking record, 
which we will honor to the extent allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.
    We propose to amend 36 CFR part 7 as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    The authority for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    1. Add Sec.  7.11 to read as follows:


Sec.  7.11  Saguaro National Park

    (a) Bicycles. That portion of the Cactus Forest Trail inside the 
Cactus Forest Drive is open to non-motorized bicycle use.
    (b) [Reserved].

    Dated: February 3, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-5501 Filed 3-6-03; 8:45 am]
BILLING CODE 4310-70-P