National Park Service axes industry-dominated advisory group amid legal fears
The Trump administration in August said electric bikes would be allowed on trails at national parks. Now, the National Park Service has disbanded an industry-dominated electric bike advisory group after an advocacy organization complained that it violated federal law.

Public Employees for Environmental Responsibility (PEER) said the E-bike Partner and Agency Group did not comply with federal transparency requirements because the park service never gave public notice of its meetings.

PEER said the e-bike lobbyists had at least eight private meetings "with a large array of federal officials," with quarterly teleconferences that began in September 2017.
The group was shut down after the last call Oct. 10, according to information obtained by PEER under the Freedom of Information Act.
"This e-bike call will conclude our 'Partner and Agency' calls. ...This is to ensure that we avoid any conflict with the Federal Advisory Committee Act," the NPS convener wrote to members of the advisory group.

PEER said the Federal Advisory Committee Act, known as FACA, requires that regular private industry advisory meetings with federal officials be announced in the Federal Register and that meeting minutes and other materials be made available to the public.
The issue also caused internal debate, with one
Forest Service official writing in an email that "I increasingly feel uneasy" about participating because the meetings were not open and included only e-bike and mountain biking advocates.

"Shutting down the e-bikes group after eight meetings and industry had accomplished its policy goal is just like shutting the barn door after all the horses bolted," Peter Jenkins, PEER's senior counsel, said today. "This episode indicates the pervasive industry influence over Interior Department decision making."

"The park service disbanded another industry-dominated committee just last month, shutting down an outdoor recreation advisory panel that had proposed expanding private services at campgrounds..."

Jenkins said NPS kept its e-bike meetings secret because they "could not succeed in the light of day."
A coalition of advocacy groups that included PEER sued the park service earlier this month, seeking to restore the ban on e-bikes in national parks (<https://www.eenews.net/stories/1061731953>Greenwire, Dec. 5).
The lawsuit, filed in the U.S. District Court for the District of Columbia, alleges that NPS developed its new e-bike policy based on recommendations from the advisory group.
PEER said at least 25 NPS units have already acted to put in place the new policy.
NPS did not immediately respond to a request for comment this morning.
When the lawsuit was filed, an NPS spokesman said that "we strongly disagree with the premise" of the complaint and that the new policy "enhances fun and healthy recreational opportunities" for park visitors.

CLICK HERE for the complete article in Greenwire News.

It's becoming more clear now. How the e-bike industry lobby group got US Secretary of Agriculture Sonny Perdue (federal lands) and national parks manager Dept. of Interior Secretary David Bernhardt (already under several ethics lawsuits concerning lobbyists) to change the e-bike classification to "non-motorized", even though it has an electric motor. And to direct their parks and land managers to add e-bikes to non-motorized trails.

2019 was a busy season on Land Trust trails, both building new stretches of trail and cleaning up after the big winter of 2018-2019.

The big news in 2019 was the new stretch of Donner Lake Rim Trail, connecting from the Johnson Canyon overlook to Northwoods Boulevard, completed and opened to the public. If you didn’t get a chance to hike or ride this new 4-miles stretch of trail with its fantastic Donner Lake views and great early-season wildflowers, definitely put it on your list for 2020.

Speaking of 2020, significant progress was made on the new trail in Lower Carpenter Valley, which when complete next year, will fully open the valley to the public. It’s a beautiful walk through the woods and down into the meadow with great wildlife viewing opportunities that’s sure to quickly become a favorite.

Turning our attention to caring for existing trails - the theme of 2019 was drainage improvements after the big snows of last winter. A lot of work went into Donner Lake Rim Trail, Wendin Way, Elizabethtown Meadow Trail and the Royal Gorge Trails from bridge repairs to rock armoring.

Likewise the big winter made for big plant growth, and volunteers were critical in brushing out trails where shrubs encroached.
Trail completing the new pedestrian bridge in Donner Summit Canyon took significant rock work, and the Black Wall access trail was shored up to stand up to future big snow loads.

Thanks to our volunteers, contractors and partners for all the hard work in 2019 - and we’ll see you in 2020 on the trail!

To see the original article in the Truckee Donner Land Trust News CLICK HERE.

From the Chavez Park Conservancy: "A group of half a dozen mountain bicyclists, estimated at high school age, were seen on Friday racing their bikes in the Nature Area on the north side, where humans and dogs are not allowed. Not content with violating this area, they then repeatedly gouged the soft wet soil on the hill just east of the kite lawn in the southern part of the park. The report stated a park visitor who tried to talk to these two-wheeled vandals reports said they showed attitude, became belligerent, and defiantly repeated the harm they were doing.

Mountain biking can be good clean fun when done on trails designed for the purpose. There are no such trails in Cesar Chavez Park. No activity tears up dirt trails for walking and hiking like mountain biking, and weekend warriors on dirt bikes can put walkers in fear of injury from collisions. There’s a club based in El Cerrito specifically formed to stop dirt biking in public parks.
It’s hard to imagine that this gang of destructive morons on big-ticket XC bikes are connected with any of the organized mountain bike clubs in the area. The singletracks.com local mountain bike trail map does not show any trails in Chavez Park." 

If repeated, the Conservancy may ask citizens to lobby Berkeley City Council for an ordinance to ban off-pavement riding in the park.

Chavez Park is a 90 acre preserve  by the Berkeley Marina.

To see the original report at the Chavez Park Conservancy CLICK HERE.

By Jennifer Chapman, USFS Eldorado
PLACERVILLE, Calif. - Eldorado National Forest Supervisor Laurence Crabtree announced that he will retire on January 6, 2020, completing a career that spanned 50 years.
When asked about his most important accomplishments, Supervisor Crabtree said, "I've been fortunate to be surrounded by smart, capable, hard-working folks who understand what it means to be a civil servant. We got a lot done because they really believe in our motto of Caring for the Land and Serving People. Here, I'm particularly proud that the Eldorado has become a leader in the region for both timber production and fuel treatment.”
Regarding a specific highlight, he added, "I think one of the most inspiring moments for me was when we dedicated the Olympic Training Center at Echo Summit as a California Historical Landmark."
"The United States Track and Field Team dominated in the 1968 Olympics, and part of that history was here on the Eldorado National Forest. Meeting the athletes who had the courage to bring international attention to civil rights was an incredible honor," he reflected.
Supervisor Crabtree has collaborated with many state and local agencies, tribes, private industry, environmental groups, researchers, and recreationists alike. Under his leadership, the Eldorado was the first national forest to have a Good Neighbor Authority agreement with CAL FIRE; the first to accomplish projects under a Master Stewardship Agreement with the National Wild Turkey Federation; and a primary partner with Sierra Pacific Industries to reduce the risk of wildfire to California spotted owl habitat.
El Dorado County Supervisor Brian Veerkamp said, "We have great appreciation for the way Laurence worked collaboratively and built relationships between jurisdictions as we worked together on projects such as the SOFAR Cohesive Strategy, Christmas tree permits, improved forest health initiatives, and the Master Stewardship Agreement process. He will be missed."
"Laurence Crabtree's retirement is a big loss to the Pacific Southwest Region and the Forest Service," said Regional Forester Randy Moore. "Fortunately, Laurence has been an outstanding supervisor and mentor to many up and coming future leaders of this agency. His contributions to recruitment and workforce development are among his greatest accomplishments and will leave a lasting legacy."
Congressman McClintock, whose District includes the Eldorado National Forest, remarked, "Laurence Crabtree is the ideal forester Gifford Pinchot had in mind. Pinchot's first maxim for foresters defines Laurence's service -- 'A public official is there to serve the public and not run them.' I personally thank Laurence Crabtree for 50 years of devotion to safeguarding our national forests for the use and enjoyment of the American people."
Beginning as a teenager in 1969, Mr. Crabtree worked in a youth employment program on the Clearwater National Forest in northern Idaho, followed by a series of seasonal positions as a fire fighter and timber cruiser, and as a forester for the Colville Confederated Tribes in Washington. He then worked 20 years on the Lassen National Forest as a District Timber Management Officer and District Resource Officer. In 1999, he was promoted to District Ranger on the Humbolt-Toiyabe National Forest, where he led the consolidation of the Austin and Toponah Districts. In 2003, he transferred to the Modoc National Forest where he held District Ranger positions on the Big Valley and Doublehead Districts, eventually working to consolidate them. From 2011-2013, he served as Deputy Forest Supervisor on the Plumas National Forest. The culmination of his career has been to serve as Forest Supervisor of the Eldorado National Forest for the past 6 ½ years.
Growing up on a ranch, Mr. Crabtree learned about land management and began exploring the outdoors at an early age. Among his forestry accomplishments are his contributions to the field of entomology. He is the author of "Discovering the Butterflies of Lassen Volcanic National Park" (1998); he rediscovered a rare moth in the Sierras which had not been seen for 140 years; and he discovered a new moth in Nevada, that was named Pelochrista crabtreei in recognition of this achievement.
Looking ahead, Mr. Crabtree will have more time for his personal outdoor interests and sharing them with others including his five grandchildren and two great grandchildren. Mr. Crabtree and his wife Denice plan to return to Big Valley in Modoc County where they have had a home for many years.

Press Release from PEER - Public Employees for Environmental Responsibility
Thursday, December 5, 2019
New E-Bikes Order Springs from Industry Lobbying and Violates Laws
​Washington, DC —
The recent National Park Service (NPS) order allowing electric bicycles on park trails violates several federal laws and should be rescinded, according to a lawsuit filed today by Public Employees for Environmental Responsibility (PEER) and a coalition of conservation groups and affected individuals. Nearly 25 National Park System units have acted to implement the e-bikes order.
Following a Secretarial Order by Interior Secretary David Bernhardt directing that all Interior Department agencies, including the NPS, immediately allow e-bikes “where other types of bicycles are allowed,” on August 30, 2019, Deputy NPS Director P. Daniel Smith issued a “Policy Memorandum” ordering all park superintendents to now allow e-bikes on trails where the parks currently allow bicycles.
The PEER suit cites several legal impediments to the NPS order, including that it:

• Violated NPS’s own regulations that may not be set aside by administrative fiat;
• Improperly evaded legally-required environmental reviews; and
• Came from an official, Smith, who lacked the authority to issue such an order.

“This e-bikes order illustrates an improper and destructive way to manage our National Parks,” stated PEER Executive Director Tim Whitehouse, a former enforcement attorney with the U.S. Environmental Protection Agency. “Concerned groups and individuals are joining PEER in demanding that the Park Service follow the normal regulatory processes and assess the additional impacts that higher speed e-bike riders pose both to other trail users and to wildlife in the parks.”
It also turns out that Bernhardt and Smith’s staffs have been regularly meeting behind closed doors with an industry-dominated advisory committee called the “E-bike Partner & Agency Group” at Interior Headquarters and through teleconferences. E-bike vendors stand to profit from the NPS move. The PEER suit demands a halt to these meetings because they violate the Federal Advisory Committee Act, which requires transparency to prevent such clandestine lobbying.
“The impetus from industry is not surprising given that, as a former industry lobbyist himself, Secretary Bernhardt is known for hearing industry concerns and not public concerns,” added Whitehouse, noting that other Bernhardt moves, such as forbidding parks from trying to limit plastic bottle sales, are a form of creeping commercialization affecting park policies. “E-bikes represent another inroad of commercialized recreation into our National Parks.”
Joining PEER in the suit as co-plaintiffs are Wilderness Watch, Marin Conservation League, Environmental Action Committee of West Marin, Save Our Seashore, and three impacted individuals.
###
Read the PEER suit
See partial list of National Park units moving to allow e-bikes
Websites of other Plaintiff groups
Wilderness Watch
Marin Conservation League
Environmental Action Committee of West Marin
Find out more about the issue
Contact: Kirsten Stade (202) 265-7337
https://www.peer.org/lawsuit-to-restore-e-bikes-ban-in-national-parks/

Dec. 5, 2019
Five groups filed a federal court lawsuit Wednesday seeking to restore the ban on electric bikes in national parks.
Led by the Public Employees for Environmental Responsibility, the lawsuit alleges the National Park Service order violated its own regulations when it failed to first amend the existing regulations defining and governing bicycle use.
"Joining PEER in the lawsuit are Missoula-based Wilderness Watch, and these California groups, Marin Conservation League, Environmental Action Committee of West Marin, Save Our Seashore, and three individuals."  The lawsuit also claims the NPS improperly evaded required environmental reviews, and that the order to allow bikes in the parks came from Deputy Director P. Daniel Smith, who lacks the authority to issue the order.
“This e-bikes order illustrates an improper and destructive way to manage our National Parks,” Tim Whitehouse, PEER executive director and former enforcement attorney with the Environmental Protection Agency, said in a news release. “Concerned groups and individuals are joining PEER in demanding that the Park Service follow the normal regulatory processes and assess the additional impacts that higher speed e-bike riders pose both to other trail users and to wildlife in the parks.”
(Photo credit: Pocket-Lint)
Joining PEER in the lawsuit are Missoula-based Wilderness Watch, Marin Conservation League, Environmental Action Committee of West Marin, Save Our Seashore, and three individuals.
Smith issued the policy memorandum to allow electric bikes on trails where the parks currently allow bicycles following an order by Interior Secretary David Bernhardt earlier this year.
Jeremy Barnum, a public information officer with the National Park Service, wrote in an email to the Missoulian that his agency strongly disagrees with the premise of PEER’s lawsuit and will continue to work with park superintendent to implement a “commonsense e-bikes policy.”
“National parks provide visitors opportunities to experience the outdoors through recreational opportunities that are accessible, desirable, and relatable to people of all abilities, and clarifying National Park Service policy for the use of e-bikes is aligned to this mission,” Barnum wrote. “This policy enhances fun and healthy recreational opportunities for visitors to our national parks and supports active transportation options.”
Locally, e-bikes are allowed in Glacier, Yellowstone and Grand Teton national parks anywhere traditional bikes are allowed. E-bikes also are allowed on the pathways of the National Elk Refuge that connect to Grand Teton National Park.
On the Lolo National Forest and throughout Region 1, e-bikes are allowed on roads or trails open for motorized use, according to Kate Jerman with the Lolo forest. The bikes are considered to be motorized vehicles, so they’re not allowed on non-motorized roads and trails.
The lawsuit claims Smith, Bernhardt, the National Park Service and David Vela, the National Park Service director, violated the National Environmental Policy Act by failing to prepare either an environmental impact statement or an environmental assessment that considered all aspects of the action.
“Overcrowding is a serious problem for wild places with an increasing demand for easier, quicker access into remote landscapes. The park service’s order, issued without the public input required by law, exacerbated the problem by instantly converting a massive network of non-motorized trails into electric bike lanes,” Dana Johnson, an attorney for Wilderness Watch, said in the news release.
In addition, the plaintiffs claim that the park service officials violated the Federal Advisory Committee Act by deliberating for months with an advisory committee that involved multiple private industry representatives who promoted the use of e-bikes in the parks.
“The impetus from industry is not surprising given that, as a former industry lobbyist himself, Secretary Bernhardt is known for hearing industry concerns and not public concerns,” Whitehouse added. “E-bikes represent another inroad of commercialized recreation into our national parks.”
The lawsuit also says that e-bikes can achieve and exceed speeds of 20 mph, “and often do so in spite of blind corners and the presence of other visitors,” the lawsuit notes. “E-bikes can travel uphill at speeds double the speed of a physically fit conventional bicyclist. In all cases, the speed capability of e-bikes adds to the potential for collision, or, at a minimum, for near-misses and loss of a sense of tranquility for slower hikers, bikers and equestrians.”
Missoula allows the use of privately owned e-bikes with speeds of up to 20 mph on primary commuter trails in the city limits. Bike-sharing companies like Lime and Bi9rd are prohibited from using the public right-of-way.
CLICK HERE to see the original article.
=======

Dec. 5, 2019
2.  Lawsuit filed to Restore e-Bikes Ban in National Parks
Today, Public Employees for Environmental Responsibility (PEER) and a coalition of conservation groups and affected individuals filed a lawsuit to restore the ban on e-bikes in National Parks. Here’s the PEER press release:
Washington, DC — The recent National Park Service (NPS) order allowing electric bicycles on park trails violates several federal laws and should be rescinded, according to a lawsuit filed today by Public Employees for Environmental Responsibility (PEER) and a coalition of conservation groups and affected individuals. Nearly 25 National Park System units have acted to implement the e-bikes order.
Steve Wilent posted about the Trump administration allowing motorized electronic e-bikes on nonmotorized trails back in August. Here’s that post and discussion/debate.
Following a Secretarial Order by Interior Secretary David Bernhardt directing that all Interior Department agencies, including the NPS, immediately allow e-bikes “where other types of bicycles are allowed,” on August 30, 2019, Deputy NPS Director P. Daniel Smith issued a “Policy Memorandum” ordering all park superintendents to now allow e-bikes on trails where the parks currently allow bicycles.
The PEER suit cites several legal impediments to the NPS order, including that it:
• Violated NPS’s own regulations that may not be set aside by administrative fiat;
• Improperly evaded legally-required environmental reviews; and
• Came from an official, Smith, who lacked the authority to issue such an order.
“This e-bikes order illustrates an improper and destructive way to manage our National Parks,” stated PEER Executive Director Tim Whitehouse, a former enforcement attorney with the U.S. Environmental Protection Agency. “Concerned groups and individuals are joining PEER in demanding that the Park Service follow the normal regulatory processes and assess the additional impacts that higher speed e-bike riders pose both to other trail users and to wildlife in the parks.”
It also turns out that Bernhardt and Smith’s staffs have been regularly meeting behind closed doors with an industry-dominated advisory committee called the “E-bike Partner & Agency Group” at Interior Headquarters and through teleconferences. E-bike vendors stand to profit from the NPS move. The PEER suit demands a halt to these meetings because they violate the Federal Advisory Committee Act, which requires transparency to prevent such clandestine lobbying.
“The impetus from industry is not surprising given that, as a former industry lobbyist himself, Secretary Bernhardt is known for hearing industry concerns and not public concerns,” added Whitehouse, noting that other Bernhardt moves, such as forbidding parks from trying to limit plastic bottle sales, are a form of creeping commercialization affecting park policies. “E-bikes represent another inroad of commercialized recreation into our National Parks.”
Joining PEER in the suit as co-plaintiffs are Wilderness Watch, Marin Conservation League, Environmental Action Committee of West Marin, Save Our Seashore, and three impacted individuals.
Read the PEER suit
See partial list of National Park units moving to allow e-bikes
Find out more about the issue

CLICK HERE to see original article in The Smokey Wire : National Forest News and Views
=======

 

The National Park Service has disbanded an industry-dominated outdoor recreation advisory panel that wanted to expand private services at campgrounds across the country.
​
David Vela, who took over as acting director of the agency Oct. 1, said the panel was terminated on Nov. 1. The committee, created by former Interior Secretary Ryan Zinke, had met only twice in person, when it organized in July 2018 and again in September of this year.

Vela offered no specific reason for the decision, which the Park Service said was made by Interior Secretary David Bernhardt. It came after the group drew fire for its recent recommendation to modernize park campgrounds with more private concessions, bringing in such things as food trucks, mobile camp stores and better Wi-Fi. The group suggested first experimenting with pilot programs.

The Committee spent nearly $250,000 during its short existence: $156,150 in fiscal 2019 and $90,413 in fiscal 2018, according to NPS.

Vela said that the group's recommendations are under review and that the panel, "like any Federal Advisory Act group, was simply an advisory body to the Department of Interior and the Secretary of the Interior."
​
He said the 103-year-old Park Service is already working "to create a second century campground experience that supports sound investment and management for campgrounds that may be enjoyed by all."
"The NPS does not intend to modernize every campground but strives to make smart, consistent decisions on when to modernize or rehabilitate a campground based on the park's unique circumstances, local market and financial factors, and applicable policies and regulations," Vela said in a statement. "As we implement this strategy, the NPS will engage the public and stakeholders for their feedback."
Derrick Crandall, the group's vice chairman, expressed disappointment with the decision. He said the panel had "such promise and such hope" but was affected by the White House push to reduce the number of federal advisory committees.
"We think it's terribly important that there still be continued communications with the recreation industry," he said this morning.
Crandall said he did not think the group's campground recommendation led to its demise, adding that modernizing facilities remains "absolutely essential."
"We know that there are 2 million fewer overnight stays in Park Service campgrounds than 30 years ago, and we believe that campground stays are a very important way for the American people to connect with our national parks," he said.
In a letter to Bernhardt on Monday, Crandall and the panel's chairman, Bill Yeargin, defended the committee's work.
"In a very real way, we provided a missing voice in your department's planning and deliberation, speaking on behalf of our customers who generate the approximately half billion recreation visits to Interior's public lands and waters and the nearly $2 billion in fees and taxes that are administered by your department," they wrote.
Critics of the panel applauded the move.
Aaron Weiss, deputy director of the Center for Western Priorities, said the move to disband the committee was "a tacit recognition that industry-stacked advisory panels are a legal minefield."
"That said, the damage is already done, as we saw from Bernhardt's controversial e-bike order, which was a request from bike manufacturers," Weiss said. "The industry got years of access to senior Interior officials, and now ... Vela is notably leaving the rest of the panel's recommendations on the table."
Zinke established the "Made in America" Outdoor Recreation Advisory Committee, saying that the Park Service needed more help from the private sector and that he didn't want the agency "to be in the business of running campgrounds."
But the panel drew controversy from the beginning. Critics accused Zinke of stacking the committee with members who could benefit by any privatizing work done by the Park Service. When Zinke first announced the 15-member board, it included representatives from national park concessionaires such as Aramark Leisure and Delaware North, the National Park Hospitality Association, Choice Hotels International Inc., and the American Recreation Coalition, a group that wants more motorized access for boats and recreational vehicles.
One government watchdog group, the Democracy Forward Foundation, filed a lawsuit, saying Zinke had created a panel with obvious conflicts of interest and refused to say how members were chosen. The lawsuit also alleged that Zinke had been "a vocal proponent of privatizing large swaths of services provided to the public" by the Park Service.
Charisma Troiano, a spokesperson for Democracy Forward, said that federal courts have already delivered "significant blows to Trump's Interior Department's pattern of creating unlawful advisory committees" and that the administration "appears to have made the call to disband yet another industry-stacked committee."
"But disbandment won't shield DOI from potential legal action should it move forward on any of the committee's problematic recommendations, and we'll remain vigilant," Troiano said.
The Park Service said it has 1,421 campgrounds, with 81 of them managed through concessions contracts.
The agency said it is already moving to modernize its campgrounds "in an appropriate manner," citing three of its sites as examples: Sleeping Bear Dunes National Lakeshore, which is renovating its showers; Chickasaw National Recreation Area, which will replace shower assemblies along with electrical and plumbing equipment at two campgrounds; and Mount Rainier National Park, which has replaced its wireless equipment.
Vela said the committee's recommendations — part of a broader package contained in an Oct. 10 report — are under review by both the Park Service and the Interior Department.
"No action has been taken on the committee's recommendations nor will any action be taken in the future unless and until the Department of the Interior and the National Park Service determine the recommendations will improve the visitor experience, protect national park resources, and are determined to be prudent investments," Vela said.
​
Weiss offered another suggestion, saying Bernhardt "should publicly dispose of the report."
"I'd recommend using a campfire at Yellowstone," he said.

CLICK HERE to see original article in the E&E News.