Big Cypress National Preserve; Off-Road Motor Vehicles

Issuing agencies

Abstract

The National Park Service proposes to amend special regulations for Big Cypress National Preserve that regulate the use of motorized vehicles off roads. The current regulations refer to a map that identifies areas within the National Preserve where motorized vehicles can be used unless closed by the Superintendent. This map is outdated and does not depict the current boundary of the National Preserve, which was expanded in 1988 by approximately 147,000 acres. This rule would replace references to the outdated map with references to a map showing the current boundary of the National Preserve, with the effect of expanding the areas within the National Preserve where motorized vehicle use could occur, subject to the discretion of the Superintendent.

Full Text

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<title>Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Proposed Rules]
[Pages 62682-62685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20251]



[[Page 62682]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-BICY-NPS0042712; PPSEBICYS0//266P103601/PPMPSPD1Z.000000]
RIN 1024-AE54


Big Cypress National Preserve; Off-Road Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend special 
regulations for Big Cypress National Preserve that regulate the use of 
motorized vehicles off roads. The current regulations refer to a map 
that identifies areas within the National Preserve where motorized 
vehicles can be used unless closed by the Superintendent. This map is 
outdated and does not depict the current boundary of the National 
Preserve, which was expanded in 1988 by approximately 147,000 acres. 
This rule would replace references to the outdated map with references 
to a map showing the current boundary of the National Preserve, with 
the effect of expanding the areas within the National Preserve where 
motorized vehicle use could occur, subject to the discretion of the 
Superintendent.

DATES: Comments must be received by 11:59 p.m. EDT on December 1, 2026.

ADDRESSES: You may submit comments by any of the following methods:
    (1) Electronically:
    <bullet> Go to the Federal Register website: <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. In the search box, enter 1024-AE54, the 
regulation identifier number (RIN) for this rulemaking. Click on the 
green ``Submit a Public Comment'' button at the top of the document and 
follow the instructions for submitting comments; or
    <bullet> Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter 1024-AE54, the RIN for 
this rulemaking. On the resulting page, select the Dockets tab and then 
click on the title of the rule. Next, click the ``Open for Comments'' 
box, then click the blue ``Comment'' box and follow the instructions 
for submitting comments.
    (2) By hard copy:
    <bullet> Mail to: Superintendent, Big Cypress National Preserve, 
33100 Tamiami Trail E, Ochopee, FL 34141.
    Document Availability: The Final Backcountry Access Plan/Wilderness 
Study/Final Environmental Impact Statement and related Record of 
Decision provide information and context for this proposed rule and are 
available online at <a href="https://parkplanning.nps.gov/bicy">https://parkplanning.nps.gov/bicy</a> by clicking the 
link titled ``Backcountry Access Plan'' and then the link titled 
``Document List.''
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE54) for this rulemaking. Comments 
received may be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 
including any personal information provided.
    Docket: Docket: For access to the docket to view the proposed rule 
and comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for 
``1024-AE54.'' Be sure to check the Dockets Tab, Documents Tab, and 
Comment Tab for possible results.

FOR FURTHER INFORMATION CONTACT: Tom Forsyth, Superintendent, Big 
Cypress National Preserve; (239) 695-1103; <a href="/cdn-cgi/l/email-protection#10647f7d4f767f6263696478507e60633e777f66"><span class="__cf_email__" data-cfemail="ccb8a3a193aaa3bebfb5b8a48ca2bcbfe2aba3ba">[email&#160;protected]</span></a>. 
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. In compliance with the Providing Accountability 
Through Transparency Act of 2023, the plain language summary of the 
proposal is available on <a href="http://Regulations.gov">Regulations.gov</a> in the docket for this 
rulemaking.

SUPPLEMENTARY INFORMATION:

Purpose and Significance of Big Cypress National Preserve

    Congress established Big Cypress National Preserve in 1974 ``to 
assure the preservation, conservation, and protection of the natural, 
scenic, hydrologic, floral and faunal, and recreational values of the 
Big Cypress Watershed in the State of Florida and to provide for the 
enhancement and public enjoyment thereof. . . .'' 16 U.S.C. 698f. The 
original boundary of the preserve surrounded 582,000 acres. This area 
is referred to as the Original Preserve. In 1988, Congress expanded the 
boundary to include within the National Preserve an additional 
approximately 147,000 acres, an area referred to as the Addition.
    The National Preserve is part of the Big Cypress Swamp, which 
covers more than 2,400 square miles of southern Florida. Protecting 
over 729,000 acres of this vast swamp, the National Preserve contains a 
mixture of tropical and temperate plant communities that are home to a 
diversity of wildlife, including the Florida panther. Visitors to the 
National Preserve can travel for miles through an expanse of open 
prairies dotted with cypress trees, distant pinelands, and tree islands 
broken at intervals by dark, forested swamps. Wildlife is abundant; 
great blue herons, kingfishers, and alligators line the roadside canals 
and give visitors an exciting visual focus. Naturalists study the 
area's rich natural history and its delicate ecological balances. Some 
Miccosukee and Seminole Indians who make their homes in the area depend 
on the resources of the preserve for food, shelter, and spiritual 
needs.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages the National Preserve under 
the NPS Organic Act of 1916, which gives the NPS authority to regulate 
the use of the park areas under its jurisdiction. 54 U.S.C. 100101. In 
the National Preserve's enabling act, Congress directed the Secretary 
to administer the preserve by developing and publishing in the Federal 
Register ``such rules and regulations as he deems necessary and 
appropriate to limit or control the use of Federal lands and waters 
with respect to . . . motor vehicles . . . and such other uses as the 
Secretary determines must be limited or controlled in order to carry 
out the purposes of [the National Preserve's enabling act].'' 16 U.S.C. 
698i(b). The legislative history of the enabling act indicates that 
Congress intended to allow off-road motorized vehicles (ORVs) in the 
National Preserve, but only if their use is carefully regulated to 
protect the natural, wildlife, and wilderness values of the preserve. 
(S. Rept. 9301128; H. Rept. 93-502).
    Under 36 CFR 4.10, the use of motor vehicles off established roads 
is not permitted unless routes and areas are designated for off-road 
motor vehicle use by special regulation. Under 36 CFR 4.10(b), such 
routes and areas may be designated only in national recreation areas, 
national seashores, national lakeshores and national preserves. The 
special regulations for the National Preserve in 36 CFR 7.86 designate 
certain areas for ORV use in compliance with NPS general regulations at 
36 CFR 4.10(b) and the Executive Orders.

[[Page 62683]]

ORV Management

    Since the 1930s, people have accessed areas that are now within the 
boundary of the National Preserve using ORVs, including swamp buggies, 
tracked vehicles, and smaller all-terrain vehicles. The NPS promulgated 
36 CFR 7.86(a) in 1979 to govern the use of motorized vehicles in the 
Original Preserve. This provision designates areas where ORVs may be 
used within the preserve. ORVs are defined broadly to include 
automobiles, trucks, glades or swamp buggies, airboats, amphibious or 
air cushion vehicles or any other device propelled by a motor and 
designed, modified for or capable of cross country travel on or 
immediately over land, water, marsh, swampland or other terrain, except 
boats which are driven by a propeller in the water. The special 
regulations establish certain areas within the Original Preserve where 
ORVs are prohibited. ORVs are prohibited in the areas between the Loop 
Road (State Hwy. #B94) and the Tamiami Trail (U.S. Hwy. #B41), except 
that the Superintendent may issue a permit to provide for reasonable 
access by legal residents or to provide access by authorized oil and 
gas companies. ORVs are prohibited on a segment of the main hiking 
trail that is part of Section 1 of the Big Cypress Florida Trail, from 
Tamiami Trail to Alligator Alley. Finally, ORVs are prohibited on the 
two marked loop trails in Section 1 of the Big Cypress Florida Trail, 
except that vehicles may cross the trails. All other areas within the 
Original Preserve are open to ORV use under the special regulations, 
unless closed by the Superintendent. These are the areas south and west 
of Loop Road (State Road #84) and north of Tamiami Trail, which make up 
a substantial portion of the Original Preserve. The outermost 
boundaries of these areas are not described in the special regulations. 
Rather, the special regulations refer to a map numbered BC-91-001, 
dated November 1975. This map depicts the outer boundary of the 
Original Preserve, which was the extent of the National Preserve in 
1975. The special regulations also establish certain requirements for 
ORV operation and equipment related to visitor safety, fire prevention, 
and resource protection.
    Using the regulatory framework in the special regulations, since 
the issuance of the Final Recreational Off-Road Vehicle Management 
Plan/Supplemental Environmental Impact Statement (SEIS) in 2000, 
Superintendents of the National Preserve have managed ORV use in the 
Original Preserve by designating specific routes and areas where ORVs 
may be used, with the effect of closing all other locations to ORV use. 
Consistent with the SEIS, these designations and closures are 
established in a written compilation of designations, closures, permit 
requirements and other restrictions imposed under the discretionary 
authority of the superintendent, referred to as the Superintendent's 
Compendium. 36 CFR 1.7(b). The Superintendent's Compendium for the 
National Preserve is available at <a href="http://www.nps.gov/bicy">www.nps.gov/bicy</a>. As written, the 
special regulations give the Superintendent no authority to allow 
recreational ORV use in the Addition because it was added to the 
National Preserve in 1988 and therefore is not depicted on the 1975 
map. This means that ORV use is prohibited in the Addition under NPS 
general regulations that prohibit ORV use except on areas and routes 
designated in special regulations. 36 CFR 4.10.
    ORV management in the National Preserve has been supported by 
various planning processes and environmental reviews over the years. In 
2000, the NPS released the SEIS that evaluated the environmental 
impacts of ORV use in the Original Preserve, excluding the Addition. In 
October 2010, the NPS issued a Final General Management Plan/Wilderness 
Study/Off-Road Vehicle Management Plan/Environmental Impact Statement 
(FEIS) that evaluated ORV use in the Addition. Most recently in 
November 2024, the NPS published a Final Backcountry Access Plan/
Wilderness Study/Final Environmental Impact Statement (BAP) that 
evaluated ORV use in both the Original Preserve and the Addition. On 
December 12, 2024, the Regional Director, Interior Region 2, signed a 
Record of Decision (ROD) selecting the preferred alternative in the BAP 
for implementation. Under the selected alternative, the NPS will allow 
ORV use only on designated motor vehicle and airboat routes in the 
Original Preserve and the Addition. The BAP planning process involved 
input from various stakeholders, including the U.S. Fish and Wildlife 
Service, the Florida Fish and Wildlife Conservation Commission, Indian 
Tribes, and the general public through various public comment periods.

Proposed Rule

    This proposed rule would broaden the scope of the existing special 
regulations so that the long-standing regulatory framework for managing 
ORV use in the Original Preserve is applied to managing ORV use in the 
Addition. This would allow the Superintendent to designate routes for 
ORV use in the Addition consistent with the selected alternative in the 
ROD, which does not allow for dispersed ORV use. The regulatory 
framework for managing ORV use would be consistent throughout the 
National Preserve, rather than fractured as it is under the existing 
special regulations, which do not allow the Superintendent to designate 
ORV routes on more than 147,000 acres of land and water within the 
National Preserve. Without changing any other provisions in the special 
regulations, this rule would replace two references to the 1975 map 
with references to a map that depicts the current boundary of the 
National Preserve, which includes the Addition. The Addition is north 
of Tamiami Trail, meaning that it would become open to ORV use on 
designated trails consistent with the ROD, which would occur by 
designating specific routes and areas for ORV use in the Addition 
through the Superintendent's Compendium. This map would be available at 
<a href="http://www.nps.gov/bicy">www.nps.gov/bicy</a>.

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 a ``one-time'' enabling regulation 
that would allow the Superintendent to expand consumption options for 
the American public by increasing opportunities for recreation and 
access at the National Preserve. As a result, this rule qualifies as an 
E.O. 14192 deregulatory action pursuant to M-25-20, ``Guidance 
Implementing Section 3 of Executive Order 14192, Titled `Unleashing 
Prosperity Through Deregulation''' issued by the Office of Management 
and Budget, Office of Information and Regulatory Affairs, on March 26, 
2025.

Regulatory Flexibility Act

    An Initial Regulatory Flexibility Analysis (IRFA) has been prepared 
for this proposed rule under the RFA (5 U.S.C. 601 et seq.). The IRFA 
is part of the economic analyses found in the report titled 
``Regulatory Analysis of the Off-Road Motor Vehicles Proposed Rule at 
Big Cypress National Preserve.'' The report is available online at 
<a href="https://parkplanning.nps.gov/bicy">https://parkplanning.nps.gov/bicy</a> by clicking the link titled 
``Backcountry Access Plan'' and then the link titled ``Document List.''

[[Page 62684]]

Congressional Review Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2). This 
proposed rule:
    (a) Would 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) Would 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

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires that agencies assess whether a rule would impose a Federal 
mandate that may result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more (adjusted annually for inflation) in any 1 year. 
As of 2025, that threshold is approximately $206 million (2024 
dollars). This regulation will not result in expenditures by State, 
local, or Tribal governments, in the aggregate, or by the private 
sector, in excess of the threshold. Thus, no written assessment of 
unfunded mandates is required.''

Takings (Executive Order 12630)

    This proposed rule would not effect 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, this 
proposed rule would not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
rule would only affect use of federally administered lands and waters. 
It would have no direct effects on other areas. A Federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. This proposed 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
    (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 National Preserve 
has been a home to indigenous peoples for centuries. Currently, there 
are 15 Miccosukee and Seminole active traditional villages in the 
National Preserve, and more sites that are now considered historic 
cultural sites, multiple active ceremonial grounds, and active burial 
grounds scattered throughout the preserve. The NPS has evaluated this 
proposed rule under the criteria in Executive Order 13175 and under the 
Department's Tribal consultation policy and has determined that Tribal 
consultation is not required because this rule will have no substantial 
direct effect on federally recognized Indian Tribes. Nevertheless, in 
support of the Department of the Interior's and the NPS's commitment to 
government-to-government consultation, the NPS engaged in formal 
consultation with the Miccosukee Tribe of Indians of Florida, the 
Seminole Tribe of Florida, and the Seminole Nation of Oklahoma 
throughout the development of the BAP. Based on information shared 
during Tribal consultation, the NPS understands that the Tribes' view 
is that it is not the presence or lack of human habitation that defines 
the health of a landscape, but the relationship of humans to that land 
that determines the land's fate. The alternative selected for 
implementation in the ROD was chosen in part because it is responsible 
to the concerns expressed by the Seminole and Miccosukee Tribes during 
Tribal consultation, as further discussed in the BAP.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule contains no new information collections. All 
information collections require approval under the Paperwork Reduction 
Act of 1995 (PRA; 44 U.S.C. 3501 et seq.). 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.

National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.)

    The NPS prepared an environmental impact statement as part of the 
BAP and the ROD in compliance with NEPA. This proposed rule implements 
the ROD, which identifies specific routes for ORV use. Copies of these 
documents are available online at <a href="https://parkplanning.nps.gov/bicy">https://parkplanning.nps.gov/bicy</a> by 
clicking the link by clicking the link titled ``Backcountry Access 
Plan'' and then the link titled ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211; this proposed rule is not likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy, and this proposed rule has not otherwise been designated 
by the Administrator of the Office of Information and Regulatory 
Affairs 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 
proposes to amend 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 DC. Code 10-137 and DC. Code 50-2201.07.

0
2. In Sec.  7.86, revise the introductory text in paragraphs (a)(2)(i) 
and (a)(2)(ii) as follows:


Sec.  7.86   Big Cypress National Preserve.

    (a) * * *
    (1) * * *
    (2) * * *
    (i) Unless closed or restricted by action of the Superintendent 
under paragraph (a)(2)(iii), the following areas, which are shown on a 
map numbered 26-001, dated May 1, 2026, and available for public 
inspection at the office of the Superintendent, are open to motorized 
vehicles:
    (A) * * *

[[Page 62685]]

    (B) * * *
    (ii) The following areas which are shown on a map numbered 26-001, 
dated May 1, 2026, and available for public inspection at the office of 
the Superintendent, are closed to motorized vehicles:
* * * * *

Kevin J. Lilly,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2026-20251 Filed 10-1-26; 8:45 am]
BILLING CODE 4312-52-P


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