SUPPLEMENTARY INFORMATION:

Background

Purpose and Management Authority for the Park

First State National Monument was established by Presidential Proclamation 8944, signed by President Barack Obama on March 25, 2013, and redesignated by the U.S. Congress as First State National Historical Park on December 19, 2014. Public Law 113-291. The park is the first National Park System unit in the State of Delaware. Visitors to the park can explore the people, places, and stories that played a role in the early colonial history and settlement of the Delaware Valley. Congress established the park to preserve, protect, and interpret the nationally significant cultural and historic resources that are associated with early Dutch, Swedish, Finnish, and English settlers of the Colony of Delaware and portions of the Colony of Pennsylvania; and the role of Delaware in the birth of the United States and as the first state to ratify the Constitution. 16 U.S.C 410rrr. The park tells the unique story of those early settlers and their relationships with Native Americans.

The park consists of six distinct units located in Delaware and southern Pennsylvania: the Brandywine Valley, Old Swedes Historic Site, Fort Christina, the New Castle Court House Museum, the Dover Green, and the John Dickinson Plantation. The NPS administers the Brandywine Valley unit and park's Welcome Center located in the historic Sheriff's House in New Castle, Delaware. The remaining sites are managed by NPS partners.

The park's enabling legislation directs the NPS to administer the park in accordance with the enabling legislation and with the laws generally applicable to the National Park System, including the NPS Organic Act, which gives the NPS broad authority to regulate the use of the lands and waters within System units. See 54 U.S.C. 100101 and 100751(a).

History and Establishment of the Brandywine Valley Unit

The significant and varied historic resources that form First State National Historical Park include 1,359 acres of preserved natural and cultural landscapes in the Brandywine Valley. The Brandywine Valley unit is the largest of the six units that make up the park. On these lands lie evidence of the seasonal activities of the Lenape bands of Native Americans who utilized the abundant natural resources of the Brandywine Valley for hundreds of years prior to European settlement. The ( printed page 48029) farms dotting the hills and valleys harken to the early eighteenth-century settlement of the landscape by industrious Quaker planters, who followed William Penn to his proprietary commonwealth formerly claimed by Dutch and Swedish traders. The mill remnants along the banks of Beaver Creek reveal some of the earliest industries of the American colonies associated with the remarkable Brandywine Creek corridor.

In 1906, Quaker industrialist William P. Bancroft purchased this bucolic property to preserve the beauty of the Brandywine Valley. His conservation foresight, vision for community planning, and establishment of the Woodlawn Trustees to steward the rural landscape collectively ensured the preservation of this significant area for future generations. In 1959, the Woodlawn Trustees began building bridle paths to help their officers and guests explore more of the area. They used some existing farm roads and added new paths for recreational use. By 1968, these paths were open to the public for activities like hiking, biking, and horseback riding. The land served as a privately-owned park until it was donated to the NPS in 2013. The NPS conserves and interprets the natural and cultural landscape of the Brandywine Valley unit consistent with William Poole Bancroft's vision of an open space accessible to the public for their health and well-being.

Bicycle Use in the Brandywine Valley Unit

The existing trail network in the Brandywine Valley unit consists of historical farm roads and single-track trails, all with natural or unpaved surfacing. The trail network is a popular year-round destination for hikers, mountain bikers, and equestrians, and numerous trails connect the Brandywine Valley unit to neighboring properties such as the Brandywine Creek State Park. As described above, bicycling was a popular recreational activity on the trail network in the Brandywine Vally unit before it became part of the National Park System and continues to be a popular form of recreation in and around the park. Today, bicycles are used on roads that are open to public motor vehicle traffic, on 4.3 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 all of the trails in the existing trail system, comprising approximately 15 miles of trails. Public roads, administrative roads, and trails that are open to traditional bicycles are also open to electric bicycles (e-bikes), which are defined in NPS regulations as two- or three-wheeled cycles with fully operable pedals and electric motors of not more than 750 watts that meet the requirements of one of three classes (36 CFR 1.4). Class 1 e-bikes are 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 e-bikes are equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Class 3 e-bikes are 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 28 miles per hour. Class 1 and class 3 electric bicycles are allowed in the same locations where traditional bicycles are allowed. Class 2 electric bicycles are not allowed on the trail network.

Brandywine Valley Trail Plan and Environmental Assessment

In 2022, the NPS completed a comprehensive trail inventory for the Brandywine Valley unit. The inventory identified approximately 27.4 miles of trails. Some of the trails are designated and maintained by the NPS. Others are social trails created by users for various purposes. Some were created to avoid designated trails that have been eroded or otherwise damaged. Others were created as a continuation of designated trails that end abruptly. Others have been converted to administrative roads. After reviewing the inventory, the NPS identified a need for a trail plan to establish a cohesive and sustainable trail network with more functionality and quality than currently exists.

In July 2024, the NPS published a draft Brandywine Valley Trail Plan/Environmental Assessment for a 30-day public comment period. In November 2024, the NPS revised and reissued the Brandywine Valley Trail Plan/Environmental Assessment (EA), and the Regional Director for Interior Region 1, Northeast Region, signed a Finding of No Significant Impact (FONSI) that identified the preferred alternative in the EA as the selected action. Under the selected action, the NPS will construct approximately 8.5 miles of new shared-use trails and perform site-specific trail modifications and upgrades on 15 miles of existing trails. Trail modifications will focus on existing trail segments identified during the trail inventory as suffering from issues such as erosion, channeling, and saturation. By using trail alignment principles that will be used for new trail construction, modifications to existing trails will improve the durability of the trail surface and soil conditions to accommodate bicycling and other non-motorized uses. The NPS will close and restore to natural condition a total of 8.1 miles of trails that are in poor condition, contribute to erosion and runoff, are unsafe, dead-end at private property, or otherwise fail to provide a high-quality user experience. The EA contains a full description of the purpose and need for taking action, the alternatives considered, maps of the affected areas, and the environmental impacts associated with the project. As stated in the FONSI, the NPS believes the selected action will improve the sustainability of the trail system, better protect the resources of the park, and improve the visitor experience by providing additional trails that are sustainably designed for recreation, interpretation, and safety.

Proposed Rule

NPS regulations in 36 CFR part 7 contain special regulations that apply to individual units of the National Park System. The proposed rule would add a new § 7.99 to this part that establishes special regulations for the park. The rule would authorize the Superintendent to designate approximately 25 miles of trails for bicycle use in the Brandywine Valley unit. The proposed rule includes a table that identifies 12 named trails with approximate trail length and start and end points. The total mileage for these named trails includes existing trail segments, planned new trail construction, and certain segments of administrative roads used as part of the trail alignment. In addition to the 12 named trails, the trail network will include 51 connector trails that link the named trails together. Connector trails will be marked on park maps and serve as short linking segments that provide access between the named trails, trailheads, parking areas, viewpoints, and other features of the trail system. Their purpose is simply to facilitate movement within the trail network. Because connector trails are functional rather than recreational in nature, they are generally designed to be direct, clear, efficient, and minimally intrusive to the landscape. The average length of a connector trail is approximately 0.2 miles. The complexity of the trail network makes it difficult to identify and describe each of the connector trails in the proposed rule. As a result, the connector trails are included in the table as a set of trails labeled C1 through C51 with their cumulative mileage. ( printed page 48030)

The proposed rule would require the Superintendent to notify the public of 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 § 1.7(b). The rule would require the Superintendent to identify the designated trails on maps available at visitor centers and on the park website. The proposed rule would authorize the Superintendent to limit, restrict, or impose conditions on bicycle use, or close any trail to bicycle use, or terminate such limits, restrictions, conditions or closures, after considering public health and safety, resources protection, and other management activities and objectives. 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.

Compliance With NPS Bicycle Regulations

The EA constitutes the planning document and evaluates the criteria required by the NPS's general bicycle regulations at 36 CFR 4.30. Under the selected action in the FONSI, the NPS would allow bicycle use on an approximately 25 mile shared-use trail network.^[1] The EA, informed by the comprehensive trail inventory, 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. The Superintendent of the park has signed a written determination that bicycle use on all of the trails identified in this proposed rule 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, as required by 36 CFR 4.30. This written determination is available on the park's planning website at the URL listed in the ADDRESSES section. The NPS is not publishing the written determination separately in the Federal Register but welcomes comments on the written determination during the public comment period for this proposed rule.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review E.O.s —12866 and 14192

This proposed rule has been determined to be not significant for purposes of E.O. 12866. This rule is a “one-time” enabling regulation that would authorize the Superintendent to expand consumption options for the American public by increasing opportunities for access and recreation at the park. 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

This proposed 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.). No small entities would be directly regulated by this rule, which would authorize the superintendent of First State National Historical Park to allow bicycle use on approximately 25 miles of trails within the Brandywine Valley unit. The action would not generate new costs for small businesses, organizations, or governmental jurisdictions, nor would it impose fees, operational requirements, training, recordkeeping, or other compliance burdens on small businesses or organizations. Trail construction and the subsequent authorization of bicycle use on new and upgraded existing trails would expand and improve bicycling opportunities, which is expected to increase recreational visitation and may benefit nearby small businesses through increased visitor spending. This action is not expected to have adverse economic effects on any sector, including small entities. For these reasons, the NPS certifies that this rule will not have a significant economic impact on a substantial number of small entities; therefore, a regulatory flexibility analysis is not required.

Congressional Review Act

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

This proposed rule would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. This proposed rule would not have a significant or unique effect on State, local or Tribal governments or the private sector. It addresses public use of national park lands 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 proposed rule would not effect a taking of private property or otherwise have takings implications under E.O. 12630. A takings implication assessment is not required.

Federalism (Executive Order 13132)

Under the criteria in section 1 of E.O. 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 E.O. 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- ( printed page 48031) 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 has evaluated this proposed rule under the criteria in E.O. 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 consulted with the Delaware Nation and the Delaware Tribe of Indians. The NPS executed a programmatic agreement (PA) outlining the ongoing consultation process to avoid, minimize, and, when necessary, mitigate adverse effects. The PA was signed by the Pennsylvania State Historic Preservation Office (SHPO) on September 23, 2024, and the Delaware SHPO on September 26, 2024. The Delaware Nation and Delaware Tribe of Indians concurred with the PA. The NPS will continue to consult with Tribes through the standard consultation process. The PA can be found in the EA under Appendix A.

Paperwork Reduction Act

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

The NPS has prepared the EA to determine whether this proposed rule will have a significant impact on the quality of the human environment under the National Environmental Policy Act of 1969. This proposed rule would 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 are available online at https://parkplanning.nps.gov/​frst by clicking the link entitled “BRVA-Comprehensive Trail Plan” and then clicking the link entitled “Document List.”

Final trail alignments may vary slightly from the corridors analyzed in the EA (shown on Figure 12), based on additional field verification prior to construction, archeological field surveys, and Section 106 consultation. The park's natural and cultural resources experts will review final trail alignments to minimize impacts on sensitive resources. If the NPS needs to align a trail outside of an identified corridor, it would conduct additional environmental review of the alignment to avoid or minimize impacts to sensitive resources and would document the change as an amendment to the EA.

Effects on the Energy Supply (Executive Order 13211)

This proposed rule is not a significant energy action under the definition in E.O. 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 OIRA as a significant energy action. A Statement of Energy Effects in not required.

In consideration of the foregoing, the National Park Service proposes to amend 36 CFR part 7 as set forth below:

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.

2. Add § 7.99 to read as follows:

91 FR 48028