Now that many national parks have expanded access for eBike users, Interior Secretary Bernhardt wants the National Park Service to ask the general public what they think of that./Rebecca Latson file of carriage roads in Acadia National Park

After already ordering units of the National Park System to be more accommodating to eBike users, Interior Secretary David Bernhardt now wants the National Park Service to seek public opinion on eBikes, a move that could be considered to be backwards.

Typically when there's a management issue that could impact park resources, or other park visitors, or which is considered highly controversial, parks go through a planning process that includes seeking public comment before implementing a management decision. In the case with eBikes, Bernhardt in August directed park superintendents to provide more access for eBikes and seek public reaction later. 

"E-bikes shall be allowed where other types of bicycles are allowed; and E-bikes shall not be allowed where other types of bicycles are prohibited," read the order the Interior secretary issued in late August.

At the time Bernhardt said the decision "simplifies and unifies regulation of electric bicycles (e-bikes) on Federal lands managed by the Department and also decreases regulatory burden."

The policy change came without public disclosure and without an opportunity for the public to comment on the proposal before it is implemented, moves that appear in conflict with the Code of Federal Regulations. The secretarial order called for the policy to be adopted "unless otherwise prohibited by law or regulation" within two weeks. It also called for public comment, after the fact.

Reaction to that decision drew dozens of comments to a Traveler article, and opposition to allowing eBikes on non-motorized trails in the federal lands system came from dozens of conservation groups, who fear permitting the motorized bikes on those trails will create a "slippery slope" that will lead to future problems with managing those trails.

Bernhardt referred to the controversy in his August order.

Uncertainty about the regulatory status of e-bikes has led the Federal land management agencies to impose restrictive access policies treating e-bikes as motor vehicles, often inconsistent with State and local regulations for adjacent areas. The possibility that in some cases e-bikes can be propelled solely through power provided by the electric motor, a function often used in short duration by older or disabled riders as an assist, has contributed to confusion about e-bike classification. Further, Federal regulation has not been consistent across the Department and has served to decrease access to Federally owned lands by e-bike riders.

There are three "classes" of eBikes:

* Class 1: eBikes that are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph.

* Class 2: eBikes that also have a maximum speed of 20 mph, but are throttle-assisted.

* Class 3: eBikes that are pedal-assist only, with no throttle, and a maximum assisted speed of 28 mph.

On Tuesday, a release from the Interior Department said that, "A majority of states have adopted e-bike policies, which primarily have followed model legislation allowing for three classes of e-bikes to have access to bicycle trails. The DOI e-bike guidance seeks to provide consistency with the state and local rules where possible."

“Millions of Americans want to bike on our public lands and pedal assist bikes can facilitate the effort of those whose age, fitness level, or disability limits their interest. E-bikes can help make our parks, refuges, and public lands accessible to them, providing opportunities to explore areas of the great outdoors that were previously unreachable,” said Secretary Bernhardt. “Where possible and appropriate, we want to accommodate bicycling and the enjoyment of our public lands.”

Now the Interior secretary wants the Park Service to "begin the longer term process of obtaining public input on new regulations that will clarify that low-speed e-bikes should enjoy the same access as conventional bicycles, consistent with other federal and state laws."

The guidance to superintendents and field managers will enable visitors to use these bicycles with a small electric motor (less than 1 horsepower) power assist in the same manner as traditional bicycles, Interior's release said. Similar to traditional bicycles, e-bikes are not allowed in designated wilderness areas and may not be appropriate for back-country trails. The focus of the guidance is on expanding the traditional bicycling experience to those who could benefit from the reduction of effort provided by this new e-bike technology.