Rule2026-02479
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation Area; Bicycling
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 9, 2026
Effective
March 11, 2026
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service amends the special regulations for Whiskeytown National Recreation Area to allow bicycle use on approximately 79.8 miles of multi-use trails. National Park Service regulations require promulgation of a special regulation to allow bicycles on new trails outside of developed areas and for existing trails that require construction or significant modification to accommodate bicycles.
Full Text
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<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
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[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Rules and Regulations]
[Pages 5669-5675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02479]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-WHIS-NPS0041005; NPS-2024-0008; PX.P0234207B.00.1-PPPWWHISM0-
PFE00FEPR.YP0000]
RIN 1024-AE52
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation
Area; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service amends the special regulations for
Whiskeytown National Recreation Area to allow bicycle use on
approximately 79.8 miles of multi-use trails. National Park Service
regulations require promulgation of a special regulation to allow
bicycles on new trails outside of developed areas and for existing
trails that require construction or significant modification to
accommodate bicycles.
DATES: This rule is effective March 11, 2026.
ADDRESSES: The comments received on the proposed rule are available on
<a href="http://www.regulations.gov">www.regulations.gov</a> in Docket No. NPS-2024-0008.
FOR FURTHER INFORMATION CONTACT: Laura Shaskey, Division Manager,
Resources and Interpretation, Whiskeytown National Recreation Area;
[[Page 5670]]
phone: 530-242-3457; email: <a href="/cdn-cgi/l/email-protection#3c705d494e5d636f545d4f5759457c524c4f125b534a"><span class="__cf_email__" data-cfemail="a9e5c8dcdbc8f6fac1c8dac2ccd0e9c7d9da87cec6df">[email protected]</span></a>. Individuals.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Management Authority for the Recreation Area
Congress established the Whiskeytown-Shasta-Trinity National
Recreation Area in 1965 for public outdoor recreation, use and
enjoyment. 16 U.S.C. 460q. Congress directed the Secretary of the
Interior to administer the Whiskeytown unit and directed the Secretary
of Agriculture to administer the Shasta and Trinity units. The National
Park Service (NPS) administers the Whiskeytown unit, on the behalf of
the Secretary of the Interior, as the Whiskeytown National Recreation
Area (referred to in this document as the ``recreation area''). The
U.S. Forest Service manages the Shasta and Trinity units, on behalf of
the Secretary of Agriculture, as the Shasta-Trinity National Recreation
Area. Each bureau is required to administer their units in a manner
that will best provide for public outdoor recreation benefits and
conserve the scenic, scientific, historic, and other values that
contribute to public enjoyment. 16 U.S.C. 460q-3. In addition to the
enabling legislation described above, the NPS manages the recreation
area pursuant to the NPS Organic Act of 1916, which gives the NPS broad
authority to regulate the use of the lands and waters that it
administers as part of the National Park System. See 54 U.S.C. 100101;
100751(a).
Significance and Visitor Use of the Recreation Area
The recreation area encompasses 42,497 acres in Shasta County,
nestled within the Klamath Mountains in Northern California. The
recreation area has diverse ecosystems ranging from oak scrubland to
dense coniferous forests, with elevations ranging from 800 feet in
lower Clear Creek to more than 6,200 feet atop Shasta Bally. This
dynamic landscape, range in elevation, rugged topography, and numerous
soil types contribute to a rich biodiversity. These habitats provide
shelter and sustenance to an abundant and diverse wildlife community,
including numerous species of concern and other rare species. High-
elevation forests have been profoundly influenced by wildland fire.
Fire management continues to play a key role in the preservation and
restoration of natural communities in the recreation area.
The recreation area includes significant cultural resources. For
thousands of years before the arrival of European Americans, the Wintu
People and their ancestors lived in villages along Clear Creek and its
tributaries. Archeological remains document their extensive habitation
and use of the land, and traditional ties to the recreational area
remain among contemporary Wintu. In the early part of the 19th century,
European explorers and trappers began visiting the upper Sacramento
Valley and Wintu homelands. They were soon followed by parties of
settlers on their way to central California and Oregon, and in 1848
gold was discovered on Clear Creek just south of the recreation area.
During the 100-year gold rush, lands within the recreation area were
subject to intensive mining exploration and development. This history
of mining is evident throughout the recreation area.
In the early 1900s, the United States Government began establishing
the Central Valley Project to manage the water of the Sacramento River
and provide for its use in the Central Valley of California. The
construction of Whiskeytown Dam in 1962 created Whiskeytown Lake. With
36 miles of shoreline, the crystal-clear water of Whiskeytown Lake is
perhaps the most recognized feature of the recreation area. Due to its
forested, mountain setting and consistent water level, the lake
provides high-quality recreational opportunities throughout the primary
recreation season. Visitors enjoy swimming, beaches, lakeside camping,
boating, sport fishing, and picnicking. Beyond the shoreline of the
lake, the rugged canyons, forests, streams, and waterfalls within the
recreation area provide visitors with outstanding recreational
opportunities. An extensive trail system allows visitors to experience
a variety of forested terrain for birdwatching, camping, picnicking,
wildlife viewing, hiking, horseback riding, and bicycling. Trails are
located primarily upon historic logging and mining infrastructure
south, east, and west of Whiskeytown Lake. In total, more than 800,000
visitors come to enjoy the recreation area each year, including casual
sightseers, experienced adventurers and everyone in between.
Bicycle Use in the Recreation Area
Bicycle use has occurred in the recreation areas for several
decades. Today, bicycles are used on roads that are open to public
motor vehicle use, on 42.2 miles of administrative roads that are
closed to motor vehicle use by the public but open to motor vehicle use
by the NPS for administrative purposes, and on the majority of trails
in the existing trail system. Public roads, administrative roads, and
trails that are open to traditional bicycles are also open to Class 1
electric bicycles, which are defined in NPS regulations as an electric
bicycle equipped with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of 20 miles per hour. Class 2 and 3 electric
bicycles are not allowed on trails or administrative roads within the
recreation area; however, they are allowed on roads that are open to
public motor vehicle use. The trails identified below are closed to
bicycle use:
<bullet> All portions of the Shasta Divide Nature Trail between
Kennedy Memorial Drive and Whiskeytown Lake.
<bullet> All portions of the Davis Gulch Trail between the
trailheads at Kennedy Memorial Drive and the Brandy Creek Day Use Area.
<bullet> All portions of the Crystal Creek Water Ditch Trail.
<bullet> James K. Carr Memorial Trail to Whiskeytown Falls (from
Mill Creek Trail junction to the falls).
<bullet> Boulder Creek Falls Trail.
<bullet> The portion of Brandy Creek Falls Trail beyond the
intersection with Rich Gulch Trail.
Other trails in the network are reserved for use by the Whiskeytown
Environmental School (WES) and are not open to the public. These WES-
only trails are the Ladybug Lane Trail, Martha's Ditch Trail and the
Ridge Trail.
Trails Management Plan Environmental Assessment
With the growth of the city of Redding eight miles to the east, the
recreation area has transitioned from a wildland setting to an urban
location that offers recreation opportunities for the largest
metropolitan area in the northern Sacramento Valley. Facilities and
infrastructure within the recreation areas were primarily constructed
in the 1960s and were not designed to accommodate current levels of
visitation. To address emerging management challenges and accommodate
current levels of visitation, the NPS initiated a comprehensive trail
management
[[Page 5671]]
project to help guide, plan, and manage trail use and maintenance
within the recreation area. In 2017, the NPS sought public input on the
existing trail system. The NPS used this input to develop preliminary
alternatives for a trails management plan. In 2018, the Carr Fire
burned approximately 39,000 of 42,000 acres within the recreation area.
To date, this is the most destructive fire in the history of the
National Park System. The entire recreation area was closed and NPS
resources were diverted to the rebuilding effort. NPS staff, partners,
and contractors have made significant headway in rebuilding lost
infrastructure and reopening much of the recreation area. As of April
2025, approximately 12% of the trails remain closed because of the
fire. The NPS will continue to reopen trails provided there are no
safety or resource issues associated with using the trails after the
fire.
In 2020, the NPS restarted the trail planning process, with revised
alternatives that reflect the changed landscape and address the need
for long term solutions to poorly designed and unsustainable trails. On
June 8, 2021, the NPS published the Trails Management Plan and
Environmental Assessment and accepted public comments for 30 days. In
February 2022, the NPS issued a revised Trails Management Plan and
Environmental Assessment (EA) to reflect updated trail mileages and
additional best management practices. The EA describes one action
alternative (the preferred alternative) and the no-action alternative.
The no-action alternative would continue the existing management of the
trail system into the future. The action alternative would involve
trail construction, including building new trails, rerouting some
existing trails, and restoring other existing trails to natural
condition. The EA evaluates the suitability of each trail surface and
soil conditions for accommodating bicycle use; and life cycle
maintenance costs, safety considerations, methods to prevent or
minimize user conflict, and methods to protect natural and cultural
resources and mitigate impacts associated with bicycle use on each
trail. The EA contains a full description of the purpose and need for
taking action, the alternatives considered, a map of the affected area,
and the environmental impacts associated with the project.
On March 11, 2022, the Regional Director for DOI Unified Regions 8,
9, 10 and 12 signed a Finding of No Significant Impact (FONSI) that
identified the preferred alternative in the EA as the selected
alternative.\1\ Trail work will occur on approximately 32.8 miles of
trails and will include minor improvements to existing trails, the
construction of new multiuse trails, the rerouting of some existing
trails, and trail closures and restoration to natural conditions. The
longest new trail, the proposed lakefront trail, will be approximately
8 miles in length and improve access to the lake. The NPS will
establish a new trail along the Shasta Divide at the east side of the
recreation area, offering views of Mount Shasta and the Lassen Peak.
The NPS will formalize three social trails by merging them into one
mile of new trail. All of the new trails will connect to existing
trails to create more trail loops. The new trails will generate
opportunities for new and diverse visitor experiences in different
locations in the recreation area.
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\1\ During the NEPA process, the NPS evaluated the impacts of
bicycle use on all of the trails identified in this rule for bicycle
use. The NPS acknowledges minor trail mileage discrepancies between
the FONSI and this rule. Small discrepancies in GIS estimates are
reasonable and expected. The differing mileage estimates between
documents are a result of minor addition and rounding errors as well
as improved data quality and increased accuracy in GIS layers.
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The NPS will reroute seven multiuse trails because the existing
routes have become unsustainable due to erosive soils or soil
compaction, steep alignment, and undesirable visitor experiences. The
new routes will have a more sustainable alignment and capacity for use.
Other trails totaling 5.1 miles will be closed and not rerouted, which
will allow those areas to return to their natural condition. In total,
the selected alternative will expand the trail network and result in
approximately 79.8 miles of trails open to bicycle use within the
recreation area.
NPS Management of Bicycle Use
From 1966 until 1987, NPS regulations allowed bicycles on trails in
recreation areas unless they were restricted by posted signs or
markings on a map. See 31 FR 16650 (December 29, 1966) and 39 FR 11882
(April 1, 1974). In 1987, the NPS replaced what had been an ``open
unless closed'' management framework for bicycle use in recreation
areas with a framework that required the NPS to promulgate a special
regulation in order to allow bicycles in any System unit on routes
outside of developed areas and special use zones. Further, routes could
only be designated for bicycle use upon a determination that such use
was consistent with the protection of a park area's natural scenic and
aesthetic values, safety considerations and management objectives and
would not disturb wildlife or park resources. See 52 FR 10685 (April 2,
1987).
In 2012, the NPS amended its regulations for bicycle use again.
These amended regulations are in place today and are codified at 36 CFR
4.30. These regulations focus on planning and environmental compliance
under the National Environmental Policy Act (NEPA). Bicycles are
allowed by default on park roads and parking areas open to public motor
vehicle use. Bicycles may be allowed on administrative roads that are
closed to motor vehicle use by the public but open to motor vehicle use
by the NPS for administrative purposes, but only after the
Superintendent makes the same determination that has been required
since 1987 (see above). The use of bicycles on trails is subject to a
thorough review and approval process. The NPS must complete a planning
process that evaluates bicycle use on each specific trail, including
impacts to trail surface and soil conditions, maintenance costs, safety
considerations, potential user conflicts, and methods to protect
resources and mitigate impacts. The NPS also must complete either an
environmental assessment or environmental impact statement that
concludes that bicycle use in the park and on each specific trail will
have no significant impacts on the environment. If an environmental
assessment is prepared, the public must be notified and provided 30
days to review and comment. In addition to the planning and NEPA
compliance documents (which are typically the same document), the
Superintendent must prepare and the regional director must approve the
same written determination about bicycle use that is required for
administrative roads. For existing trails or new trails within
developed areas, the NPS must publish the written determination in the
Federal Register for a 30-day public comment period. For all trails,
including new trails outside of developed areas, the Regional Director
must approve the written determination. For new trails outside of
developed areas, the NPS must publish a special regulation designating
the trails for bicycle use, which is subject to a separate notice-and-
comment period under the Administrative Procedure Act. 5 U.S.C. 553(b).
New trails, whether they are in developed areas or not, must be
developed and constructed in accordance with appropriate sustainable
trail design principles and guidelines. Existing trails that require
construction or significant modification to accommodate bicycles are
considered
[[Page 5672]]
new trails for purposes of the regulations.
Final Rule
Compliance With NPS Regulations
This rule authorizes the Superintendent to allow bicycles, by
designation in the Superintendent's Compendium, on all of the bicycle
trails identified in the selected alternative. This includes existing
trails that are not being rerouted, existing trails that are being
rerouted, and new trails that will be constructed. Although NPS
regulations do not require special regulations to allow bicycles on
existing trails that do not require any construction or significant
modification to accommodate bicycle use, the NPS includes those trails
in this rule so that all of the trails that may be designated for
bicycle use are identified in one place. The NPS expects this approach
to increase compliance with the regulations by making it easier for
visitors to understand where bicycles are allowed.
The EA constitutes the planning document and evaluates the criteria
required by the regulations at 36 CFR 4.30. The no action alternative
evaluates continued bicycle use on existing trails that will not be
rerouted; and the action alternative evaluates the rerouting of
existing trails and construction of new trails, plus the impact of
bicycle use on those trails. The FONSI concludes that the development
and use of the new trail system would not significantly affect the
quality of the human environment.
The Superintendent of the recreation area has signed a written
determination that bicycle use on all of the trails where bicycles
would be allowed under the selected alternative is consistent with the
protection of the park's natural, scenic, and aesthetic values; safety
considerations; management objectives; and will not disturb wildlife or
park resources. The NPS made the written determination available on the
recreation area's planning website and accepted comments on the written
determination during the public comment period for the proposed rule.
The Regional Director approved the written determination on May 7,
2025. This written determination is available at <a href="https://parkplanning.nps.gov/whis">https://parkplanning.nps.gov/whis</a> by clicking the link titled ``Whiskeytown NRA
Trails Management Plan,'' and then clicking the link titled ``Document
List.'' The written determination also determines that continued
bicycle use on administrative roads within the recreation area is
consistent with the protection of the park's natural, scenic, and
aesthetic values; safety considerations; management objectives; and
will not disturb wildlife or park resources.
Content of the Final Rule
This rule adds a new paragraph (e) to 36 CFR 7.91, which contains
the special regulations for the recreation area. The rule authorizes
the Superintendent to designate 79.8 miles of trails within the
recreation area for bicycle use. The rule requires the Superintendent
to notify the public of any designated trails through one or more of
the methods identified in 36 CFR 1.7, including publication in the
Superintendent's Compendium (or written compilation) of discretionary
actions referred to in Sec. 1.7(b). The rule requires the
Superintendent to identify the designated trails on maps available at
the visitor center and on the recreation area's website (<a href="https://www.nps.gov/whis">https://www.nps.gov/whis</a>). Pursuant to 36 CFR 4.30(i), the Superintendent may
allow electric bicycles on any trails that are open to traditional
bicycles and will notify the public pursuant to 36 CFR 1.7 if electric
bicycles are so allowed.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
December 30, 2024 (89 FR 106393). The NPS accepted public comments on
the proposed rule for 60 days via the mail, hand delivery, and the
Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments
were accepted through February 28, 2025. The NPS received ten comments
on the proposed rule. Comments were generally focused on balancing
increased recreational opportunities with desired resource conditions.
Some comments raised concerns about impacts to wildlife, vegetation,
trail conditions, ecosystem health, and visitor use conflicts that the
NPS considered and evaluated in the EA. Most of these comments are not
addressed in this final rule. The NPS evaluated the environmental
impacts of two alternatives in the EA and explained why it selected the
preferred alternative in the FONSI. Upon completion of trail
construction and authorization of bicycle use on the new trails, the
NPS will monitor the trail network and implement mitigation measures as
appropriate to improve sustainability, protect resources, and improve
the visitor experience. After considering public comments and after
additional review, the NPS has made two changes to the final rule. The
first change adds a reference to a requirement in 36 CFR 1.7(b) that
designations made under discretionary authority must be published in a
written compilation referred to as the Superintendent's Compendium. The
second change removes a provision referring to the superintendent's
authority to limit, restrict, or impose conditions on bicycle use, or
to close any trail to bicycle use, or terminate such actions in
accordance with 36 CFR 4.30. This provision is unnecessary and
redundant with existing authorities provided to superintendents in
paragraphs (f) and (i)(7) of Sec. 4.30 to take management actions with
respect to bicycle use in park areas. A summary of the pertinent issues
raised in the comments and NPS responses is provided below:
1. Comment: One commenter suggested that the NPS establish a
communication framework that allows visitors to easily report trail
conditions to recreation area staff, encouraging prompt notification of
issues like trail damage, needed repairs, and preventative maintenance
opportunities.
NPS Response: The NPS appreciates this suggestion and recognizes
the importance of facilitating clear and effective communication
between recreation area staff and the public. The NPS is committed to
maintaining the condition, safety and accessibility of trails. Members
of the public can apply to be part of the Whiskeytown Trail Crew
Volunteer Program, which provides crew members with the opportunity to
assist the NPS in maintaining and preserving the recreation area's
extensive trail system. Crew members rove assigned trails to provide an
additional NPS presence and can report trail conditions to recreation
area staff in near real time. The NPS encourages the public to report
trail conditions in person at the visitor center, by phone, or by email
(see <a href="https://www.nps.gov/whis/contacts.htm">https://www.nps.gov/whis/contacts.htm</a>). The NPS will continue to
consider how to promote efficient reporting and communication of trail
issues so that they can be addressed promptly.
2. Comment: One commenter suggested that the rule should list all
trails within the recreation area and state which uses are allowed on
each trail.
NPS Response: NPS regulations at 36 CFR 4.30 require promulgation
of special regulations that identify new trails for bicycle use outside
of developed areas, including existing trails that need construction or
significant modifications to accommodate bicycle use. NPS regulations
at 36 CFR 2.18 require promulgation of special regulations that
designate routes and water surfaces
[[Page 5673]]
open to snowmobile use. NPS regulations at 36 CFR 4.10 require
promulgation of special regulations that designate routes and areas
open to off-road vehicle use. The NPS is not otherwise required to
identify routes or trails in special regulations. Hiking and horse-back
riding on trails can be managed by the Superintendent using
discretionary authorities found in 36 CFR 2.1(b) and 36 CFR 2.16(b),
respectively, and are not required to be identified in the Code of
Federal Regulations.
The NPS understands the desire for clarity about the use of trails
within the recreation area. The NPS employs a variety of strategies to
ensure that visitors are informed about what is allowed on specific
trails. The NPS installs signs at trailheads and along the trails,
which provide detailed information regarding authorized activities such
as hiking, biking, or horseback riding, as well as any restrictions.
The NPS publishes maps that indicate which activities are allowed on
different trails, and makes them available at the visitor center, park
entrances, and online to enable visitors to plan their activities in
advance. The NPS maintains up-to-date information on trail conditions,
closures, and use restrictions on the recreation area website. NPS
staff at the visitor center provide valuable information and answer
questions about the status and conditions of trails and allowable uses.
The NPS utilizes social media platforms and electronic newsletters to
communicate important updates about the status and conditions of trails
and allowable uses to a broader audience. Using a combination of
methods, the NPS strives to keep visitors well-informed about trail use
in the recreation area with the goal of promoting a safe and enjoyable
experience.
3. Comment: One commenter emphasized the need for clear signage
communicating allowed trail uses in the recreation area and suggested
that the rule should be delayed if the NPS does not have the resources
to effectively implement the new regulations.
NPS Response: Construction, appearance, and location of all trail
signs will follow guidance issued by the Whiskeytown Sign Committee.
Trail signs will not be installed unless they are approved by the
Committee. The goal of sign and marker maintenance and repair is to
provide visitors with appropriate directional information, maps, as
well as safety and regulatory information. Repair and maintenance will
be done on a periodic basis. For new trails, safety signs will be
installed to inform visitors when entering multi-use trails to reduce
user group conflicts and promote safe passing and shared use.
4. Comment: One commenter stated that mountain bikes should not be
allowed on the James K. Carr Memorial Trail to Whiskeytown Falls (also
known as the Whiskeytown Falls Trail) due to safety risks, particularly
a significant drop-off that poses a danger to both pedestrians and
bikers.
NPS Response: This rule allows bicycles only on the first 0.4 miles
of the Whiskeytown Falls Trail from the trailhead to the Mill Creek
Trail junction. A few locations along this segment of the trail have
steep drop offs, however the trail tread is generally maintained as a
class III or 6-foot trail width allowing room for different users to
freely pass. Should this segment become a safety hazard, the
Superintendent has the authority to close all or a portion of the trail
to bicycle use to protect the public.
5. Comment: Several commenters addressed the use of electric
bicycles (e-bikes) on the trail system, raising concerns about resource
impacts and conflicts with other trail users, such as hikers and
horseback riders. One commenter asked the NPS to conduct a programmatic
analysis under NEPA to address the implications of e-bike use before
the Superintendent decides to allow them. The commenter stated that the
NPS has a responsibility to analyze the potential impacts of e-bikes on
both natural and cultural resources as well as the safety and enjoyment
of non-motorized trail users before allowing them in the recreation
area.
NPS Response: The NPS agrees that resources must be protected and
user conflicts minimized where e-bikes are allowed. This rule does not
authorize the use of e-bikes on any trails within the recreation area.
This rule authorizes the Superintendent to allow traditional bicycle
use on approximately 79.8 miles of multi-use trails. Allowing e-bikes
on any of those trails is subject to the discretion of the
Superintendent under NPS regulations at 36 CFR 4.30(i). NPS Management
Policies guide superintendents about visitor use of park areas. In
exercising discretionary authority, superintendents will allow only
uses that are (1) appropriate to the purpose for which the park was
established, and (2) can be sustained without causing unacceptable
impacts. NPS Management Policies 2006, Section 8.1.1.
Congress established the recreation area for several purposes, with
a stated focus on public outdoor recreation and enjoyment. 16 U.S.C.
460q-3. E-bikes provide visitors with opportunities for recreation and
access who may want to ride a traditional bicycle but might not be able
to because of physical fitness, age, disability, or the nature of the
environment. In this way, e-bikes provide new opportunities for public
outdoor recreation in the recreation area, which aligns with its
purpose. In June 2023, the NPS published a Programmatic Environmental
Assessment (PEA) that evaluated the use of e-bikes within the National
Park System. On July 26, 2024, the NPS issued a Finding of No
Significant Impact concluding that the implementation of NPS
regulations in 36 CFR 4.30(i) that provides superintendents
discretionary authority to allow the use of e-bikes, or classes of e-
bikes, on a case-by-case basis, on park roads, parking areas,
administrative roads, and trails that are otherwise open to traditional
bicycle use, will not have a significant effect on the quality of the
human environment.
As stated above, public roads, administrative roads, and trails
that are open to traditional bicycles in the recreation area are open
to Class 1 electric bicycles. The EA evaluates impacts to resources and
visitors from bicycle use on the trails identified in this rule.
Although the EA does not distinguish e-bikes from traditional bicycles
in this analysis, the NPS expects that impacts to the environment from
the use of Class-1 e-bikes on designated trails otherwise open to
traditional bicycle use will be consistent with the impacts discussed
in the PEA. If necessary, the superintendent may limit or restrict or
impose conditions on e-bike use in the recreation area, or close trails
to e-bike use after taking into consideration public health and safety,
natural and cultural resource protection, and other management
activities and objectives. 36 CFR 4.30(i)(7). Management actions
addressing existing e-bike use will be informed by the EA, which
identifies long-term strategies for managing and monitoring visitor use
with the recreation area.
In addition to management actions that may be taken by the
Superintendent, several NPS regulations establish conditions and
restrictions on the use of e-bikes in park areas that promote the
protection of resources and visitors. As examples, e-bikes may not be
used abreast of another bicycle; and lights or reflectors are required
during periods or low visibility, or while traveling through a tunnel,
or between sunset and sunrise. As is true for traditional bicycles,
possessing an e-bike in a wilderness area established by Federal
statute is prohibited.
[[Page 5674]]
6. Comment: One commenter suggested that the NPS collaborate with
stakeholders to develop a more refined proposal for identifying a
subset of trails that would be suitable for e-bike use.
NPS Response: The NPS understands that stakeholders have diverse
perspectives about the use of e-bikes in the recreation area. The NPS
is committed to creating an environment that accommodates a variety of
recreational opportunities while ensuring that all visitors can enjoy
their time in the recreation area. Visitor use management is an ongoing
process that relies on continuous monitoring and informed decision-
making. As the NPS implements the EA and monitors impacts from visitor
use, including the use of e-bikes, information about monitoring,
visitor use management actions, and adjustments to the indicators and
thresholds for adaptive management will be made available to the
public, along with opportunities for stakeholder engagement.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 14192)
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule is an E.O. 14192 deregulatory action.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This rule 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.).
This certification is based on information contained in the
economic analyses found in the report titled ``Cost-Benefit and
Regulatory Flexibility Threshold Analyses: Proposed Special Regulations
to Designate New and Existing Trails for Bicycle Use at Whiskeytown
National Recreation Area.'' \2\ The report may be viewed on the
recreation area's planning website at <a href="https://parkplanning.nps.gov/whis">https://parkplanning.nps.gov/whis</a>
by clicking the link titled ``Whiskeytown NRA Trails Management Plan,''
and then clicking the link titled ``Document List.'' The certification
in that report remains valid for the final rule due to the limited
changes in this rule from the proposed rule.
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\2\ Revised version prepared in May 2025. All cost and benefit
estimates in this report have been updated to 2024 dollars using the
Bureau of Labor Statistics Consumer Price Index. The revised version
also includes an estimate of total cost savings associated with this
rule, consistent with Executive Order 14192.
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Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2). This
rulemaking:
(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 (2 U.S.C. 1501 et seq.)
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. It addresses public
use of lands administered by the NPS and imposes no requirements on
other agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
Takings (Executive Order 12630)
This rulemaking does not affect a taking of private property or
otherwise have takings implications under Executive Order 12630. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the
rulemaking does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement. This rule
only affects use of federally administered lands and waters. It has no
direct effects on other areas. A federalism summary impact statement is
not required.
Civil Justice Reform (Executive Order 12988)
This rulemaking complies with the requirements of Executive Order
12988. This rulemaking:
(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
(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. The NPS evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's Tribal consultation policy and determined that Tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian Tribes. Nevertheless, in
support of the Department of the Interior and NPS commitment for
government-to-government consultation, during the EA process, the NPS
worked with the Native American Heritage Commission (NAHC) to identify
Tribal partners that may be interested in the trails management plan.
The NPS shared information about the proposed action and copies of the
draft EA with one federally recognized American Indian Tribe identified
by the NAHC and five non-federally recognized Tribal groups. These
Tribes are the Shasta Nation, Nor-Rel-Muk Nation, Redding Rancheria,
Winnemem Wintu Tribe, Wintu Tribe of Northern California, and Toyon-
Wintu Center Wintu Educational and Cultural Council. The new trails and
trail reroutes under the selected action alternative will not impact
known ethnographic resources or impede tribes' ability to utilize the
recreation area for traditional purposes. The trail construction
activities and routes will be designed to avoid known ethnographic
resources in consultation with tribes. The NPS informed Tribal partners
that the trails management plan requires regular consultation for
individual actions in accordance with section 106 of the National
Historic Preservation Act under 36 CFR part 800. Additional details
about Tribal consultation are available in chapter 4 of the EA.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. The NPS may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid OMB control number.
[[Page 5675]]
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.)
The NPS prepared the EA to determine whether this rule will have a
significant impact on the quality of the human environment under the
National Environmental Policy Act of 1969. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. A detailed statement under the NEPA is not
required because of the FONSI. A copy of the EA and FONSI can be found
online at <a href="https://parkplanning.nps.gov/whis">https://parkplanning.nps.gov/whis</a> by clicking the link titled
``Whiskeytown NRA Trails Management Plan,'' then clicking the link
titled ``Document List,'' and then clicking the link titled
``Whiskeytown National Recreation Area Trails Management Plan.''
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211; the rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy, and the
rule has not otherwise been designated by the Administrator of OIRA as
a significant energy action. A Statement of Energy Effects in not
required.
List of Subjects in 36 CFR Part 7
National parks, Reporting and Recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation 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. 7.91 by adding paragraph (e) to read as follows:
Sec. 7.91 Whiskeytown Unit, Whiskeytown-Shasta-Trinity National
Recreation Area.
* * * * *
(e) Bicycle Use. (1) The Superintendent may designate all or a
portion of the following trails as open to bicycle use:
(i) Boulder Creek Trail (approximately 3.8 miles).
(ii) Brandy Creek Falls Trail (approximately 1.1 miles between the
trailhead and Rich Gulch Trail intersection).
(iii) Brandy Creek Picnic Trail (approximately 0.3 miles).
(iv) Brandy Creek RV Trail (approximately 0.2 miles).
(v) Brandy Creek Trail (approximately 2.0 miles).
(vi) Buck Hollow Trail (approximately 1.0 miles).
(vii) Camden Water Ditch Trail (approximately 1.1 miles).
(viii) Clear Creek Canal Trail (approximately 5.2 miles).
(ix) Clear Creek Picnic Trail (approximately 0.3 miles).
(x) Clear Creek Vista Trail (approximately 2.5 miles).
(xi) Crystal Creek Falls Trail (approximately 0.5 miles).
(xii) Crystal Creek Trail (approximately 2.3 miles).
(xiii) East Boundary Vista Trail (approximately 1.4 miles).
(xiv) Guardian Rock Equestrian Trail (approximately 1.3 miles).
(xv) Horse Camp Trail (approximately 0.4 miles).
(xvi) Hydraulic Mine Trail (approximately 0.5 miles).
(xvii) James K. Carr Memorial Trail to Whiskeytown Falls
(approximately 0.4 miles between the trailhead and Mill Creek Trail
junction).
(xviii) Kanaka Peak Trail (approximately 3.3 miles).
(xix) Knobcone Trail (approximately 0.3 miles).
(xx) Ladybug Lane Trail (approximately 0.3 miles, Whiskeytown
Environmental School use only).
(xxi) Logging Camp Trail (approximately 0.9 miles).
(xxii) Martha's Ditch Trail (approximately 2.5 miles, Whiskeytown
Environmental School use only).
(xxiii) Mill Creek Trail (approximately 3.9 miles).
(xxiv) Mount Shasta Mine Loop Trail (approximately 5.0 miles).
(xxv) Mule Mountain Loop Trail (approximately 1.2 miles).
(xxvi) Mule Mountain Pass Trail (approximately 1.3 miles).
(xxvii) Oak Bottom Water Ditch Trail (approximately 2.8 miles).
(xxviii) Orofino Trail (approximately 0.3 miles).
(xxix) Papoose Connector Trail (approximately 0.2 miles).
(xxx) Papoose Pass Trail (approximately 5.2 miles).
(xxxi) Peltier Bridge Trail (approximately 0.6 miles).
(xxxii) Peltier Trail (approximately 2.5 miles).
(xxxiii) Princess Ditch Trail (approximately 2.1 miles).
(xxxiv) Prospect Trail (approximately 1.1 miles).
(xxxv) Rich Gulch Trail (approximately 2.4 miles).
(xxxvi) Ridge Trail (approximately 1.8 miles, Whiskeytown
Environmental School use only).
(xxxvii) Salt Gulch Trail (approximately 2.0 miles, connecting
Peltier Trail to Rich Gulch Trail).
(xxxviii) Shasta Divide Trail (approximately 7.0 miles, connecting
the Visitor Center with the NPS and BLM trail system in the area of
Mule Mountain).
(xxxix) Tower Grave Trail (approximately 0.2 miles).
(xl) WES Camp Emergency Access Road (approximately 0.6 miles).
(xli) Whiskeytown Lake Trail (approximately 8.0 miles, connecting
the Brandy Creek area with Carr Powerhouse area).
(2) The Superintendent may authorize bicycle use on administrative
roads within the recreation area pursuant to Sec. 4.30 of this
chapter.
(3) A map showing trails and administrative roads open to bicycle
use will be available at the recreation area visitor center and posted
on the recreation area website. The Superintendent will provide notice
of all trails and administrative roads designated for bicycle use in
accordance with Sec. 1.7 of this chapter including in the
superintendent's compendium (or written compilation) of discretionary
actions referred to in 36 CFR 1.7(b).
Kevin J. Lilly,
Principal Deputy Assistant Secretary Exercising the Delegated Authority
of the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2026-02479 Filed 2-6-26; 8:45 am]
BILLING CODE 4310-52-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.