[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51945-51952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21198]


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

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-CUVA-18292; PPMWCUVAR0, PPMRSNR1Z.Y00000]
RIN 1024-AE18


Special Regulations; Areas of the National Park System, Cuyahoga 
Valley National Park, Bicycling

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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

SUMMARY: The rule authorizes and allows for the management of bicycle 
use on certain new trails within Cuyahoga Valley National Park. The 
National Park Service general regulation pertaining to bicycles 
requires promulgation of a special regulation to authorize bicycle use 
on new trails constructed outside of developed areas.

DATES: The rule is effective September 28, 2015.

FOR FURTHER INFORMATION CONTACT: Lisa Petit, Chief of Resource 
Management, Cuyahoga Valley National Park, (440) 546-5970.

SUPPLEMENTARY INFORMATION:

Background

Legislation and Purposes of Cuyahoga Valley National Park

    On December 27, 1974, President Gerald Ford signed Pub. L. 93-555 
creating Cuyahoga Valley National Recreation Area for the purpose of 
``preserving and protecting for public use and enjoyment, the historic, 
scenic, natural, and recreational values of the Cuyahoga River and the 
adjacent lands of the Cuyahoga Valley and for the purpose of providing 
for the maintenance of needed recreational open space necessary to the 
urban environment.'' In 2000, Congress redesignated Cuyahoga Valley 
National Recreation Area as Cuyahoga Valley National Park (CUVA or 
Park) with the passage of the Department of the Interior and Related 
Agencies Appropriations Act (Pub. L. 106-291).
    CUVA is an important national resource within a predominantly 
metropolitan region, where the Park is visited by approximately 
2,500,000 people annually. Located in Cuyahoga and Summit Counties, 
Ohio, and situated between the cities of Cleveland and Akron, CUVA 
includes approximately 33,000 acres of land, with 19,000 acres under 
the administration of the National Park Service (NPS). The Park 
contains significant resources, including the Cuyahoga River Valley and 
its associated ecological functions, rich cultural resources and 
landscapes, and a variety of recreational and outdoor use 
opportunities.
    In the 1930's the Cuyahoga Valley provided a respite for urban 
dwellers from Cleveland and Akron. During this time period, private 
estates in the Cuyahoga Valley had established trails and carriage 
roads for their private recreational enjoyment, including places like 
the Old Carriage trail area and the Wetmore trails. Over the years, 
these lands and other park lands were incorporated into the Cleveland 
Metroparks and Summit Metro Parks that are now part of what is 
designated as CUVA. Two significant trail corridors accelerated the 
recreational connections to the Valley: The conversion of an abandoned 
railroad bed to the Bike and Hike Trail in 1970 and the construction of 
the Towpath Trail in the late 1980's and early 1990's. Many of the 
trails from the earliest days of Cuyahoga Valley as a recreation 
destination remain today for visitors to enjoy and share the

[[Page 51946]]

experience that has remained for over a century.
    The Park's General Management Plan/Environmental Impact Statement 
(GMP) confirms the purpose, significance, and special mandates of the 
Park. According to the Park's GMP, one of the significant purposes of 
CUVA is to ``[preserve] a landscape reminiscent of simpler times, a 
place where recreation can be a gradual process of perceiving and 
appreciating the roots of our contemporary existence.'' The GMP also 
provides direction for park management during land acquisition and 
provides a framework for NPS managers to use when making decisions 
about how to conserve the Park's resources and manage visitor uses in 
the Park. Resource preservation for compatible recreational use is the 
overall concept for management and development of the Park.

Current Status of Trails and Associated Facilities

    Regional recreational trail networks have blossomed across 
Northeastern Ohio, increasing demands for additional trail connections, 
new trail uses, and expanded recreational opportunities. Today, the 
Park contains approximately 175 miles of trails, approximately 97 miles 
of which are managed by the NPS. The NPS trail system consists of three 
long-distance trails--the Towpath Trail, Buckeye Trail and Valley 
Bridle Trail--and eleven smaller localized trail systems with separate 
access points. The park currently has one limited community connector 
through the Old Carriage Trail connector trail in the northern portion 
of the park and has some portions of the primary roadways improved for 
bike use. Metropark partners provide five additional trail systems 
within their units inside CUVA, and another trail, the Buckeye Trail, 
is managed by the Buckeye Trail Association. Currently, the Park 
provides access to all its trails through 25 trailheads and from the 
four primary Visitor Contact Centers.
    These trails provide for various uses, including 34 miles for 
hiking and trail running only, 22 miles for multipurpose biking and 
hiking, 17 miles for cross-country skiing, and 35 miles for equestrian 
riding. Nonetheless, requests for new trail uses to meet the needs of 
growing user groups have become more frequent in recent years. 
Technologies exist today (such as personal mobility devices) that 
provide new means to enjoy trails. Walk[hyphen]in camping is a desired 
amenity that recently was approved for the first time in the park. 
Trail running is increasing in popularity, and biking has grown into a 
major recreational activity within the Cuyahoga Valley.

Comprehensive Trail Management Plan

    In 1985, the Park's first Trail Management Plan was developed as 
the primary document to initiate many trails in the Park. The 1985 
Trail Plan identified 105 miles of existing trails and proposed and 
evaluated 115 miles of new trail. An additional 46 miles of trails were 
identified for future consideration but were not evaluated in the 1985 
Trail Plan. In 2013, CUVA completed a Comprehensive Trails Management 
Plan/Environmental Impact Statement (TMP/EIS) to guide the expansion, 
restoration, management, operations, and use of the trail system and 
its associated amenities over the next 15 years, while keeping with the 
purpose, mission, and significance of the Park. Some trails proposed in 
the 1985 Trail Plan but not yet implemented were considered as part of 
the TMP/EIS.
    The goals of the TMP/EIS were to develop a trail network that:
     Provides experiences for a variety of trail users;
     shares the historic, scenic, natural and recreational 
significance of the Park;
     minimizes impacts to the park's historic, scenic, natural 
and recreational resources;
     can be sustained; and
     engages cooperative partnerships that contribute to the 
success of the Park's trail network.
    The Park conducted internal scoping with Park staff, regional park 
district partners, and the Conservancy for Cuyahoga Valley National 
Park and external scoping, including the mailing and distribution of 
four separate newsletters, nine public meetings, and a 60-day public 
comment period. As a result of this process, eight alternatives, 
including a ``No Action Alternative,'' for the Park's Trail Management 
Plan were developed.
    The Record of Decision (ROD), for the TMP/EIS, signed by the NPS 
Midwest Regional Director on August 8, 2013, identified the Preferred 
Alternative 5 as the Selected Alternative for implementation. Under 
this Alternative, approximately 14.5 miles of new bicycle trails could 
be constructed in undeveloped regions of the park and authorized by 
special regulations for bicycle use. The Alternative also considers 
approximately eight additional miles of existing trail or roadways that 
could be authorized for bicycle use in the future. The construction and 
authorization of these trails for bicycle use will be conditional on 
funding and subject to the development of other facilities or 
activities (including evaluation of resource impacts) conducted prior 
to implementation.
    Due to the age and conceptual nature of the 1977 GMP, a 2013 
Foundation Document was developed for the Park that identifies active 
recreation and implementation of the TMP/EIS as an objective to meets 
its goals. The TMP/EIS and ROD may be viewed online at http://parkplanning.nps.gov/cuyahogatrailplan.

Construction and Management of the Bicycle Trails

    Many of the proposed bicycle trails have not yet been built and 
will not be immediately open for use. An Implementation Strategy is 
under development to prioritize trail projects and assemble the 
additional planning, funding, staffing, project management, and 
monitoring that will be needed to accomplish them successfully. The 
Trails Forever Program, administered by the Park in partnership with 
the Conservancy for Cuyahoga Valley National Park, will be the 
overarching program under which this implementation strategy will be 
realized.
    Volunteers for trail work at the Park will continue to be a vital 
component of trail stewardship in the Park. Management and coordination 
of volunteers will continue through the joint Volunteer Program office 
of the Park and the Conservancy for Cuyahoga Valley National Park. The 
use of Park staff and the existing volunteer trail groups to monitor 
and mitigate the environmental impacts of bicycle use on these trails 
will ensure that the trails are maintained in good condition and that 
any issues of concern are immediately brought to the attention of Park 
management. In addition, the Park will continue to update its Sign Plan 
and upgrade park and trail signs accordingly. As trail signs are 
updated, trail accessibility information for each trail will be made 
available to the public.

 Notice of Proposed Rulemaking

    On October 14, 2014 the NPS published a proposed rule that would 
authorize and allow for management of bicycle use on certain new trails 
within CUVA, (79 FR 61587). The proposed rule was available for a 60-
day public comment period, from October 14, 2014 through December 15, 
2014. Comments were accepted through the mail, by hand delivery, and 
through the Federal eRulemaking Portal: http://www.regulations.gov.

[[Page 51947]]

Summary of and Responses to Public Comments

    The NPS received 300 public comments during the comment period. 
Responses to the comments mostly referred to the TMP/EIS completed in 
2013. Of these comments, 276 expressed support for the proposed rule. 
One supportive comment was from an organization, the National Parks 
Conservation Association, and the rest were from individuals. There 
were three commenters who had a neutral stance and 21 comments 
submitted in opposition to the proposed rule. There were no opposing 
responses from organizations.

Supporting Comments

    The 276 supporting comments expressed eight central themes:

Engaging More Park Users Including Youth and Families

    The authorization of off-road bicycle use in CUVA will expand the 
utilization of the park by new users, including youth and families, by 
providing new and exciting opportunities to participate in outdoor 
recreation activities. Providing younger members of society with off-
road bicycling opportunities encourages them to develop a sense of 
pride and ownership in the trails they ride and maintain, creating the 
next generation of stewards. It is well substantiated that there are 
many individuals that enjoy this activity in other parks and on other 
public lands outside of the region with only a few areas available 
within the region. Recent years have seen new trails within Cleveland 
Metroparks and Summit Metro Parks and the activity continues to grow in 
popularity as evidenced by an increase in bike sales.

Healthy Lifestyles/Enjoying Nature

    Allowing off-road bicycle use is important for public health 
because it contributes to healthy, active lifestyles and getting people 
out into nature. Bike riding is well established as a significant form 
of exercise that contributes to personal health and well-being. By 
providing for greater use of bicycles on trails more people can benefit 
from this form of exercise as well enjoying time in the out of doors

Tourism & Economic Development

    Allowing off-road bicycle use is an important draw for tourism and 
a catalyst for economic development in and around CUVA and the 
northeast Ohio region. CUVA serves increasingly as a destination for 
out of town visitors crossing the country and visiting national parks. 
With the addition of off-road single track bike trails, the park and 
region will be even more inviting as a destination for extended-stay 
excursions. Bike trails are well known to be a quality of life 
indicator and an attraction for young professionals and others looking 
to relocate for jobs and family.

Volunteerism & Stewardship

    Off-road bicycle use is environmentally appropriate and can 
contribute to protection of natural and cultural resources. This has 
been demonstrated both outside of our region and within our area, where 
many individuals who are avid off-road bicyclists frequently volunteer 
for trail maintenance and stewardship activities. The bicycling 
community provides extensive education to encourage volunteerism and 
environmental stewardship. This education includes trail etiquette to 
facilitate coexistence among user groups, and to model appropriate use 
of the trails systems for improved safety. Local park districts within 
the surrounding communities have developed a volunteer network of trail 
stewards that maintain and patrol trails and report when conditions are 
not favorable for riding and/or when closing a trail is needed to 
prevent damage.

Planning, Sustainability, Safety

    The NPS is a trusted source for protection of natural resources and 
included a robust planning process and Sustainable Trail Design 
Guidelines in the preparation of the TMP/EIS. These activities 
reinforce the communities' knowledge and appreciation for appropriate 
planning processes, and provide leadership in the execution of 
sustainable trail building practices that will benefit other public 
land stewards in the region. Safety is a primary design criterion for 
trail improvements within the park and is central to considerations for 
operational and utilization decisions.

Increased Access and Trail Linkages

    Allowing off-road bicycle use will make remote parts of CUVA more 
accessible to some visitors who want to experience the full breadth of 
resources in the park. Additionally, there will be opportunities for 
additional linkages and looped systems within the existing trail 
network.

Community Development & Partnerships

    Bicycle trails in CUVA have been the center point for partnerships 
and community development, such as the volunteer efforts of the Boy 
Scouts to build the Arrowhead Trail. If permanent access for bicycle 
use is allowed, these relationships will continue to flourish, building 
a sense of stewardship among trail users and park staff.

Resource Protection

    The construction of single track off-road bicycle trails will 
exemplify sustainable construction practices and provide an educational 
opportunity to the public and volunteers participating in construction 
and maintenance. This exposure will enable users to better understand 
the sensitivity of natural resources and how proper design practices 
are necessary for protection and conservation. Volunteers can become 
engaged in the on-going maintenance and consequently learn firsthand 
the proper construction and maintenance techniques to protect natural 
resources. This has been demonstrated both outside of our region and 
within our area where many individuals who are avid off-road bicyclists 
frequently volunteer for trail maintenance and stewardship activities.
    Some commenters supported the new bicycle rule but also had 
questions, asked for clarifications, or proposed ideas for which the 
NPS has prepared responses. These comments are paraphrased and answered 
below:
    1. Comment: I would propose that a mountain bike trail be built on 
Latta Lane where homes were previously located. This area is flat and 
would not need extensive construction to create a parking space.
    Response: Latta Lane has been proposed as a designated camping area 
in the Park's Boston Mills Area Conceptual Development Plan and 
Environmental Assessment (2013). No off-road bicycle trails are planned 
for this area.
    2. Comment: ``Outside of developed areas'' needs to be clarified.
    Response: Developed area is defined at 36 CFR 1.4, and means roads, 
parking areas, picnic areas, campgrounds, or other structures, 
facilities or lands located within development and historic zones 
depicted on the park area land management and use map. Trails in 
developed areas are typically multi-use trails, with improved surface 
pathways that serve several types of users including bicyclists and 
hikers. Off-road bicycle trails are located in undeveloped areas of a 
park, designed with a natural surface and designated for cross-country 
non-motorized bicycle use that can also be utilized for hiking or 
running.
    3. Comment: I would also love to see Thru Hiking and Thru Biking 
such as the Chesapeake and Ohio Canal NP. I

[[Page 51948]]

would also like to see easier put in and take out for paddling.
    Response: Within the Park, the Ohio & Erie Canal Towpath Trail and 
the Summit Metro Park's Bike & Hike Trail currently offer thru biking 
and hiking with existing and proposed connections between the two. The 
Buckeye Trail offers thru hiking as well. A water trail with launch 
sites has been proposed in TMP/EIS.
    4. Comment: I'm not sure what the ``cross country'' designation for 
the High Meadow Trail means. Does this mean that it is for foot and 
bicycle use? Also for that trail, where are the end points of the 
trail? A little more description in the proposal would be helpful.
    Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers 
(3.1 miles) loop trail for cross-country skiing training and 
competitive purposes, located west of Blue Hen Falls along Boston Mills 
Road. The trail would link to the Buckeye Trail for hike connections 
and is proposed for conditional use as an off-road bicycle trail. 
Conditional use of High Meadow is subject to evaluation by the Park of 
the following activities: Implementation of the proposed East Rim Trail 
and its success to meet the goals and objectives of the Trail Plan, 
Cleveland Metroparks' implementation of off-road bicycle use on the 
Buckeye Trail portion owned by them that may terminate at NPS lands, 
and evaluation of the potential impacts of bicycle use on the NPS 
portion of the Buckeye Trail. Because no other conditional trails are 
included in this rule, and because the use of High Meadow Trail for 
bicycling is contingent on other conditional trails being established, 
this trail is being withdrawn from and will not be authorized for 
bicycle use in this final rule.
    5. Comment: Can the superintendent deny bicycle access at any time 
despite information included in the EIS, and that any new trail 
openings will require a separate approval? Was the scope of the EIS 
only to allow the construction of the trails, irrespective of the 
intended use of the trails? Or is this language to assure that, in the 
case of changing/degrading conditions over time, that some person has 
the authority to suspend use of the trails until solutions can be 
implemented?
    Response: New trail construction requires additional compliance or 
agency review prior to implementation, subject to federal and park 
regulations. The TMP/EIS developed a blueprint that will guide the 
expansion, restoration, management, operations and use of the trail 
system and its associated amenities, over the next 15 years, in keeping 
with the purpose, mission and significance of CUVA. As this plan is 
implemented, all trails and their uses will be evaluated and monitored 
to ensure resource protection, visitor safety, and operational 
sustainability. The Superintendent of CUVA will have the authority to 
close or restrict use of trails after taking into consideration public 
health and safety, resource protection, and other management activities 
and objectives.
    6. Comment: I believe there needs to be stricter regulation of bike 
trails than hiker trails. Bikers should stay on these proposed trails 
that were designed for their use.
    Response: All trails will be monitored as per the Sustainable Trail 
Guidelines (Appendix C) of the TMP/EIS. Education, signage and 
monitoring will help curb straying from the trail tread.
    7. Comment: I would expect and hope that the Bike and Hike Trail 
would connect to this [East Rim] trail at several points and also the 
Towpath could also connect to this at a point or two as well.
    Response: Access to the proposed East Rim Trail is from the Bike & 
Hike Trail. There are existing and proposed connections between the 
Bike & Hike Trail and the Ohio & Erie Canal Towpath Trail as proposed 
in the TMP/EIS.
    8. Comment: I hope the mountain bike trails have a variety of 
difficulty levels--easy, medium and hard--to satisfy the different 
visitors. I also hope that you offer classes or workshops for the 
beginning rider. And I would like to see the Carriage Trail re-opened 
soon!
    Response: Trails will be built working with the terrain using the 
Sustainable Trail Guidelines and the goal is to have a variety of 
difficulty levels. The Park identifies the restoration of the Old 
Carriage Trail bridges for visitor use within the Trail Plan. The Park 
continues to seek funding for the design, engineering and construction 
work required for replacement of three deteriorated, long-span trail 
bridges. Once this construction work is completed the Old Carriage 
trail will be opened for public use.
    9. Comment: ``Mountain bikes just tear up trails'', but in the late 
fall and all spring, the bridle trails can be completely decimated by 
horses. There are portions that are not even suitable for hiking, let 
alone running.
    Response: The Park will use the Sustainable Trail Guidelines for 
all trails and implement seasonal closures to protect park resources 
and to meet the goals of a sustainable trails system in the Park. 
Seasonal closures will reduce impacts to park resources, minimize risk 
of tread widening, reduce annual maintenance costs to high-risk areas 
and provide an improved visitor experience during the drier seasons of 
the year. Natural resource related seasonal closures will address three 
primary conditions; wet, muddy conditions, flood events, and wildlife 
nesting activities. The Park may identify additional resource or 
operational issues that require seasonal trail closures.
    10. Comment: Ten miles of single track is much too short. Having 
volunteered at the park for several years, I'm curious why there are 
over twice the miles of bridle trails to the proposed single track?
    Response: During public scoping of the TMP/EIS, many of the trail 
user groups, particularly the mountain bike and equestrian trail users, 
desired significantly expanded trail miles within CUVA for their 
particular use. Given the current level of use, limitations of land 
ownership and resource conditions, and current, planned or projected 
regional trail systems available to these user groups, significant 
expansions were not included in the selected alternative.
    11. Comment: I would also love to see areas that allowed climbing. 
There were so many opportunities in the park for climbing.
    Response: During the public scoping period of the TMP/EIS, the 
public was invited to provide ideas regarding the future trail system 
in the Park. Some proposals like rock climbing were outside the scope 
of the TMP/EIS and were not considered. Rock climbing is prohibited in 
CUVA.
    12. Comment: If off-road refers to something with a motor I object. 
Motors do NOT belong in a park.
    Response: Off-road motorized vehicles are prohibited by NPS 
Management Policies and are not permitted on current or proposed park 
trails.

Neutral Comment

    One neutral commenter proposed ideas for which the NPS has prepared 
a response. The comment is paraphrased and answered below:
    Comment: I think the CUVA should limit single-track bike trails 
within its federal boundaries to this east rim. The plan suggests 
possible future off road bicycle development along the High Meadow/
Buckeye trail area of the CUVA. If the Cleveland Metroparks decides to 
put in a bike trail in the more remote southern section of the 
Brecksville Reservation I do not think the CUVA needs to extend that 
use through federal property. My reasons are as follows: Existing off 
road trails in Bedford Reservation and in-process

[[Page 51949]]

trails at Hampton Hills Metro Park now complement the CUVA's Eastern 
Rim plan and extend off road bike trail connections at both ends of the 
park. Development of off road trails in less used portions of the park 
does isolate them, but the fast pace, rough and probable heavy use 
alters the localized area. The western rim should be kept as it is--a 
quieter, more isolated area of the park, where one can experience this 
geologically interesting portion of the park without off-road biking 
trails.
    Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers 
(3.1 miles) loop trail for cross-country skiing training and 
competitive purposes, located west of Blue Hen Falls along Boston Mills 
Road. The trail would link to the Buckeye Trail for hike connections 
and is proposed for conditional use as an off-road bicycle trail. 
Conditional use of High Meadow is subject to evaluation by the Park of 
the following activities: Implementation of the proposed East Rim Trail 
and its success to meet the goals and objectives of the Trail Plan; 
Cleveland Metroparks' implementation of off-road bicycle use on the 
Buckeye Trail portion owned by them that may terminate at NPS lands; 
and evaluation of the potential impacts of bicycle use on the NPS 
portion of the Buckeye Trail. Because no other conditional trails are 
included in this rule, and the use of High Meadow Trail for off-road 
bicycles is contingent on other conditional trails being established, 
this trail location is being withdrawn from and will not be authorized 
for bicycle use in this final rule.

Opposing Comments

    The 24 comments submitted in opposition to off-road bicycle trails 
were focused on five primary areas of concern: Impacts on natural 
resources; User conflicts-safety; User conflicts-visitor experience; 
NPS operational burden; and Inconsistency with NPS mission.

Impacts on Natural Resources

    The most common concern expressed by commenters in opposition to 
the proposed rule was that off-road bicycles cause serious impacts to 
natural resources, including wildlife habitat, plants, soils, and water 
quality.
Representative Comments
    (1) Trail building destroys wildlife habitat! It not only destroys 
the habitat under and next to the trail, but it renders a wide swathe 
of habitat on either side of the trail useless to the wildlife, due to 
the presence of people.
    (2) Each time a pathway is created, that new opening allows 
invasive species into that area, both plant and animal.
    (3) This is not a good idea. The trails already suffer erosion from 
heavy use and allowing mountains bikes will only worsen the problem.
    (4) Constructing new trails removes vegetation, which fragments 
habitats, risks destroying important or rare species, and can 
contribute to high soil erosion, which leads to water contamination.
    Response: The analysis of potential adverse effects of trail 
elements in the selected action is provided in Chapter 4 of the TMP/
EIS. Impacts of the proposed off-road bicycle trails on wildlife and 
wildlife habitat, vegetation, soils, and water quality are expected to 
be relatively minor because of the locations selected, the current 
ecological conditions, and the use of Sustainable Trail Guidelines for 
planning, design, construction, management and monitoring of all 
trails. Sensitive habitats including wetlands will be avoided, and 
trails will be constructed using best practices to minimize adverse 
impacts such as erosion. As stated in the Record of Decision for the 
TMP/EIS, ``as the NPS implements the actions associated with the 
selected action, it must protect the park's natural and cultural 
resources and not impair the quality of the visitor experience. 
Additionally, bicycle use must be consistent with the protection of the 
park area's natural, scenic and aesthetic values, safety considerations 
and management objectives, and not disturb wildlife or park resources. 
To ensure that this occurs, a consistent set of mitigation measures 
will be applied to all trail management actions in the park. The NPS 
will avoid, minimize, and mitigate adverse impacts of trail management 
actions when practicable. Compliance monitoring and reporting will be 
part of all mitigation measures. The Sustainable Trail Guidelines 
outline monitoring that will be conducted to detect and arrest resource 
damage from trail use. In addition, the Superintendent will be 
authorized to impose closures or restrictions on bicycle trails after 
taking into consideration public health and safety, resource 
protection, and other management activities and objectives.

User Conflicts--Safety

    Most comments in opposition to the proposed rule expressed concern 
for safety of hikers sharing trails with off-road bicycles, primarily 
due to concerns about speed and inconsiderate/intimidating behavior of 
bikers, as well as a perception that bikers have little regard for 
authority or regulations.
Representative Comments
    (1) If you have ever tried to hike around large, fast-moving pieces 
of machinery such as bicycles, you know that it is scary and no fun!
    (2) I avoid areas used by mountain bikers because, generally 
speaking, they are rude by not signaling when approaching from behind 
and scare the ``heck'' out of you. They also speed on the trails and do 
not have good control of their bikes.
    (3) I have enough difficulty on the authorized paved hike and bike 
trails trying to bird watch or nature study, while dodging 
inconsiderate bikers too oblivious to issue an approaching warning.
    (4) Much of the scenic opportunity seems lost on cyclists who are 
more concerned with how fast they can get from point A to point B.
    (5) Mountain bikers consider themselves renegades with justified 
use of all public land with impunity.
    Response: This rule provides the Superintendent the authority to 
manage off-road bicycling on trails in undeveloped areas, including the 
establishment and enforcement of closures, restrictions, and conditions 
to ensure public safety and protection of park resources. Public 
scoping provided a variety of ideas regarding trail sharing among 
different user groups. The Park utilized data and research available on 
a variety of trail systems to evaluate visitor experience of trail 
uses, as outlined in the TMP/EIS. The information indicated that some 
trail uses are more compatible together than others. The selected 
alternative provides opportunities for increased trail sharing among 
compatible trail uses such as off-road bicycles and hikers, and limits 
sharing between less compatible trail user groups. The sharing of 
trails among compatible user groups will assist the Park in meeting 
goals of the TMP/EIS to minimize the footprint of trails within the 
Park to protect resources. The Sustainable Trail Guidelines outline 
methods that will be used to monitor visitor carrying capacity on 
trails. In addition to impacts on natural resources, numbers of 
different user types on trails and incidents of conflict or accidents 
will be monitored to determine methods to eliminate conflicts and 
impacts.

User Conflicts--Visitor Experience

    Some commenters expressed specific concerns that off-road bicycles 
disrupt the quiet and tranquility of the hiking experience.

[[Page 51950]]

Representative Comments
    (1) Bicyclists inevitably . . . disrupt the peace and tranquility 
that comes with a National Park experience.
    (2) Biking in pristine areas takes away the beauty and quiet of the 
area.
    (3) The serenity and tranquility have forever been transformed into 
the BMX race course.
    (4) Please do not allow mountain bikes in the Cuyahoga Valley Park. 
It will ruin the sublime, quiet nature of the park, at the expense of 
walkers and joggers.
    Response: The preferred alternative in the TMP/EIS was the selected 
action because it best fulfills the purpose and need for the plan and 
provides the broadest range of visitor experiences while minimizing 
impacts to park resources. Most existing trails and proposed new trails 
will be primarily for hiking and will provide a variety of experiences, 
including more remote, primitive experiences. Where shared use between 
off-road bicycles and hikers is planned, park managers will monitor 
visitor carrying capacity and manage trail use to minimize or eliminate 
user conflicts and ensure safety. Further, this rule will authorize the 
Superintendent to impose closures and or establish conditions or 
restrictions on bicycle trails after taking into consideration public 
health and safety, resource protection, and other management activities 
and objectives.

NPS Operational Burden

    Many commenters expressed concerns regarding the costs of long-term 
maintenance of trails. Some concerns were related to there being enough 
or too many trails in the park already. Comments also included concerns 
about prioritization of trail work, suggesting more emphasis on 
improving existing trails before building new trails. Two commenters 
specifically mentioned that the Old Carriage Trail bridges should be 
replaced.
Representative Comments
    (1) No money should be spent on these new trails until the Bridges 
on the Old Carriage Trail have been replaced.
    (2) You don't seem to be able to maintain the trails that you have 
now. Much of the buckeye trail through the park would greatly benefit 
from stabilization projects.
    (3) I would . . . request that before proceeding with actual trail 
construction CUVA consider adopting a method, open for public comment, 
for determining the priority in which proposed trail changes set forth 
in the Trail Plan are to be implemented.
    (4) I just think that preexisting trails are sufficient and there 
is no need to create more. Sticking to preexisting trails . . . will 
not significantly increase trail maintenance as the creation of new 
trails would.
    Response: The TMP/EIS is intended to set a vision for 
implementation over the next 15 years. Implementation will occur as 
funding becomes available and projects are prioritized. This Plan will 
require the NPS to seek a new approach for funding than traditional NPS 
base and capital budgets. The Conservancy for Cuyahoga Valley National 
Park assists the park trails through fundraising efforts under the 
TRAILS FOREVER Program for trail maintenance and capital projects. The 
creation of a portfolio of funding sources is necessary to accomplish 
the recommendations set forth in the TMP/EIS and will be part of the 
Implementation Strategy that is identified in the TMP/EIS. 
Prioritization of trail projects will emphasize restoration and 
maintenance of existing trails as well as seeking funding to implement 
new trails. The Park will continue to work in cooperation with trail 
stakeholder groups as appropriate in the planning and design process 
for trails. In addition, the Old Carriage Trail bridges remain a 
priority for the Park, which continues to pursue funding opportunities 
to replace the failing bridges.

Inconsistency With NPS Mission

    Some commenters expressed concerns that allowing off-road bicycles 
outside of developed areas was inconsistent with the mission of the NPS 
and of the CUVA.
Representative Comments
    (1) Thought the national park systems were created to preserve the 
natural biological systems remaining in this land, and not provide an 
outlet for mechanized thrill seekers. Authorizing such activities is 
not in keeping with the intent of the national park system, and I urge 
you to severely limit, or totally ban any such activities on park 
lands.
    (2) The purpose of the park is to preserve nature and enjoy it--not 
to damage it with deep ruts that create more erosion and mud, etc.
    (3) The primary purpose of the national park system is to PRESERVE 
those remaining bits of wildlife habitat, so that all future 
generations will still be able to experience it. You are failing to 
adhere to your mission.
    (4) Is the CUVA's main attraction really ``trails''? And should the 
park want to be characterized that way? What is the desired experience 
for visitors from other states, for locals who walk or bike casually in 
the park, for suburban/urban families who visit on weekends? How does 
the CUVA make itself different from a state park or a metropark or a 
national recreation area?
    Response: The enabling legislation that established CUVA states 
that the park was created ``To preserve and protect for public use and 
enjoyment, the historic, scenic, natural and recreational values of the 
Cuyahoga River and the adjacent lands of the Cuyahoga Valley and for 
the purpose of providing for the maintenance of needed recreational 
open space necessary to the urban environment.'' The purpose of the 
TMP/EIS is to develop a blueprint that will guide the expansion, 
restoration, management, operations and use of the trail system and its 
associated amenities, over the next 15 years, in keeping with the 
purpose, mission and significance of CUVA. Since its establishment in 
1974, the Park has experienced significant changes in visitation, 
programs and operations. Outdoor recreation trends have continued to 
evolve over the past 31 years in how visitors use or would like to use 
the Park. The additional development of trails and trail facilities 
will assist in meeting the needs of current and future visitation to 
the Park's trails.

Changes From the Proposed Rule

    After consideration of the public comments, and additional review, 
the NPS has determined that one substantive change is necessary in the 
final rule: Removal of the High Meadow Trail from consideration as an 
off-road bicycle trail. This trail is designated as a cross-country ski 
trail, with conditional status as a potential off-road bicycle trail. 
Because no other conditional trails are included in this rule, and the 
use of High Meadow Trail for off-road bicycles is contingent on other 
conditional trails being established, this trail location is being 
withdrawn from and will not be authorized for bicycle use in this final 
rule.

The Final Rule

    To provide visitors with additional recreational bicycling 
opportunities and in compliance with the provisions of 36 CFR 4.30, 
this rule will allow the Superintendent to authorize bicycle use on all 
or portions of each of the following trails:

[[Page 51951]]



----------------------------------------------------------------------------------------------------------------
                                    Approximate
           Trail name                  length          Surface type        Usage type           Description
----------------------------------------------------------------------------------------------------------------
East Rim.......................  10 miles.........  Natural surface..  Off-road, single-  Approximately ten
                                                                        track bicycle.     miles of a loop
                                                                                           system trail of
                                                                                           varying distances
                                                                                           along the east
                                                                                           central portion of
                                                                                           the Park, north of
                                                                                           Old Akron-Peninsula
                                                                                           Road and south of
                                                                                           Brandywine Falls
                                                                                           trailhead, near the
                                                                                           Krecjic Restoration
                                                                                           Site.
Old Carriage Connector Trail...  0.35 miles.......  Crushed gravel...  Multi-purpose....  Extension of existing
                                                                                           Old Carriage Road
                                                                                           connector to existing
                                                                                           Bike and Hike Trail.
Highland Connector Trail.......  1.0 miles........  Crushed gravel...  Multi-purpose....  New connector from
                                                                                           existing Bike and
                                                                                           Hike Trail to
                                                                                           existing Towpath
                                                                                           Trail on south side
                                                                                           of Highland Road,
                                                                                           extending on the
                                                                                           north side of
                                                                                           Highland Road from
                                                                                           Towpath to the Vaughn
                                                                                           overflow parking
                                                                                           area.
----------------------------------------------------------------------------------------------------------------

    After trail construction is completed, but before a trail is 
authorized for bicycle use, the Superintendent will be required to 
issue a written determination that the trail is open for public use and 
that bicycle use is consistent with the TMP/EIS, including 
implementation of the park's sustainable trail guidelines with 
monitoring and mitigation through adaptive management. This will ensure 
that bicycle use remains consistent with the protection of the park 
area's natural, scenic and aesthetic values, safety considerations and 
management objectives, and will not disturb wildlife or park resources. 
No additional NEPA compliance would be necessary beyond the TMP/EIS 
ROD, and the written determination will be added into the park's 
administrative file for the trail project. The Superintendent will 
provide public notice when trail(s) are authorized for bicycle use 
through one or more of the procedures under 36 CFR 1.7.
    The final rule also authorizes the Superintendent to establish 
conditions, impose closures, or restrictions for bicycle use on 
authorized trails, after taking into consideration public health and 
safety, resource protection, and other management activities and 
objectives, provided public notice is given under 36 CFR 1.7.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on information contained in the 
report titled, ``Cost-Benefit and Regulatory Flexibility Analyses: 
Proposed Regulations to Designate Bicycle Routes in Cuyahoga Valley 
National Park'' that is available for review at http://parkplanning.nps.gov/cuyahogatrailplan.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Would 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.
    The current and anticipated users of bicycle routes in CUVA are 
predominantly individuals engaged in recreational activities. There are 
no businesses in the surrounding area that would be adversely affected 
by bicycle use of these trails. Although the park does not have any 
bicycle rental concessioners, there is a bicycle rental facility 
adjacent to the park that provides bike rentals that are used within 
CUVA.

Unfunded Mandates Reform Act (UMRA)

    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. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A taking 
implications assessment is not required because this rule will not deny 
any private property owner of beneficial uses of their land, nor will 
it significantly reduce their land's value.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically this rule:
    (a) meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and

[[Page 51952]]

    (b) meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian tribes and that 
consultation under the Department's tribal consultation policy is not 
required. Affiliated Native American tribes were contacted by letters 
sent in June, 2012 and May, 2013 to solicit any interests or concerns 
with the proposed action. No responses were received by the Park.

Paperwork Reduction Act (PRA)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the PRA is 
not required.

National Environmental Policy Act (NEPA)

    We have prepared an environmental impact statement and have 
determined that this rule will not have a significant effect on the 
quality of the human environment under the NEPA of 1969. The TMP/EIS 
for the Park and ROD that included an evaluation of bicycling within 
the proposed areas may be viewed online at http://parkplanning.nps.gov/cuyahogatrailplan.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A statement of Energy Effects is not 
required.

Drafting Information

    The primary authors of this regulation are Lynn Garrity, and Kim 
Norley, Cuyahoga Valley National Park, and C. Rose Wilkinson and A.J. 
North, NPS Regulations Program, Washington, DC.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the NPS amends 36 CFR part 7 as 
set forth below:

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

0
1. The authority for Part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


0
2. Amend Sec.  7.17 by revising the section heading and adding 
paragraph (b) to read as follows:


Sec.  7.17  Cuyahoga Valley National Park.

* * * * *
    (b) Bicycles. (1) The Superintendent may authorize bicycle use on 
all or portions of each of the following trails:
    (i) East Rim (approximately 10 miles);
    (ii) Old Carriage Connector Trail (approximately 0.35 miles); and
    (iii) Highland Connector Trail (approximately 1.0 mile).
    (2) After trail construction is complete:
    (i) To authorize bicycle use, the Superintendent must make a 
written determination that:
    (A) The trail is open for public use; and
    (B) Bicycle use is consistent with the protection of the park 
area's natural, scenic and aesthetic values, safety considerations, and 
management objectives, and will not disturb wildlife or park resources.
    (ii) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (3) The Superintendent may open or close authorized trails, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.

    Dated: July 31, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-21198 Filed 8-26-15; 8:45 am]
 BILLING CODE 4310-EJ-P