Earlier this year we reported that the Tahoe National Forest had authorized the use of Class 1 eMTBs on non-motorized trails in certain areas. It wasn’t an official policy change, nor was it a blanket opening.
At the time, when we interviewed a representative from the USFS about the change, he was extremely careful with his word choice around the authorization of eMTBs in the national forest.
“There really was no decision, and I’m saying decision with a capital D,” said Public Affairs Officer Joe Flannery. “We didn’t trigger NEPA and NEPA didn’t need to be triggered.”
NEPA, the National Environmental Policy Act, mandates that land management agencies conduct environmental impact statements and assessments before implementing a decision to ensure that the surrounding environment won’t be negatively impacted by a new policy.
Flannery also elaborated that after the classification system for eMTBs was more easily understood by the Tahoe National Forest, they could confidently manage class 1 eMTBs on non-motorized trails.
“It’s not really a function of sustainability, it’s in the self-propelled nature. I’m not calling it non-motorized equipment. I’m just saying that with the class 1, pedal-assisted criteria, we can manage it on non-motorized trails.”
As is the case when it comes to any decision about e-bikes, people were mad. In many cases, mountain bikers themselves form the greatest resistance to the eMTB movement, but this time there is a group even more opposed to eMTB access on non-motorized trails: equestrians.
“Backcountry trail and forest groups in California joined together to challenge the U.S. Forest Service’s decision to allow motorized bikes to operate on non-motorized trails in the Tahoe National Forest,” says the Western Environmental Law Center in a statement released last month.
Those trail and forest groups are comprised of three equestrian advocacy groups, the Gold Country Trails Council, the Back Country Horsemen of California, and the Back Country Horsemen of America.
“The Forest Service cannot simply disregard its own rules when it comes to allowing electric bikes on non-motorized trails on the Tahoe National Forest,” said Susan Jane Brown, attorney with the Western Environmental Law Center. “With this lawsuit, we seek to compel the agency to follow those rules.”
The group is taking contention with the Forest Service’s decision on two fronts. First, they argue the agency did not conduct an environmental assessment or follow NEPA procedures when they allowed eMTBs on non-motorized trails. Then, there’s also the whole issue of allowing motors on non-motorized trails.
“Allowing motorized bicycles on non-motorized trails meant for hikers, backpackers, and equestrians poses risks and conflicts for the many visitors who enjoy that type of quiet recreation,” said Helen Harvey, president of the Gold Country Trails Council in Nevada County.
While some could easily debate with Harvey about the fact that eMTBs are not loud, or are even distinguishable from non-motorized bikes by the majority of trail users, the groups want nothing to do with them. Some are also offended that there wasn’t any public scoping for the decision either.
“We are disappointed that the rules for using trails in this wonderful natural area were changed behind closed doors without public participation,” added Randy Hackbarth. “This is particularly disappointing for our members who are proud of the stewardship and care they bring to the non-motorized trails on public lands.”
This resistance comes at a time when eMTBs have been on a streak of access victories, including the most recent announcement from the Secretary of Interior that the National Park Service and the Bureau of Land Management need to implement a new plan to allow all classes of eMTBs on any trail that non-motorized bicycles are allowed.
The hope of the plaintiffs is that the court will find that the Forest Service violated their travel management plan by allowing e-bikes on non-motorized trails, and violated NEPA. They also would like e-bikes to be prohibited again from non-motorized trails and remove the e-bike trail recommendations from the Tahoe National Forest website.
As of now, there is no indication that these issues will be settled anytime soon.
21 Comments
Nov 21, 2019
Nov 22, 2019
Nov 23, 2019
Nov 25, 2019
When I MTB I get passed all the time by non ebike riders trying to be Strava Koh record holders on public lands that think they are on a closed course. They are the ones that give mountain bikers a black eye. Yes we have all seen them as we had better get out of there way or get run over.
Over the weekend I did a 27.5 mile ride on my non assist bike and had a better speed average of almost double of riding my ebike but my knees screamed at me for doing that and had to take pain medication to quiet my knees. I think I will continue going slower on my ebike with happy knees, see you on the single track trail. ENJOY
Nov 21, 2019
I do some trail maintenance, and in all fairness, there are other MB riders who pitch in. It doesn't make sense to tar and feather every rider by assuming that all eMTBs (an their riders) are bad, or that MB riders are all evil. It makes sense to show some responsibility when it comes to riding behavior and trail use, no matter who your are or why you're there.
Nov 24, 2019
Nov 22, 2019
https://www.congress.gov/107/plaws/publ319/PLAW-107publ319.htm
Nov 21, 2019
Who will represent the mountain bikers in this case?
Nov 25, 2019
Like has been said, they do not consider non e-bikes as part of the groups these trails are for. If they get e-bikes banned they will try to ban all bikes.
And people keep saying e-bikes should not be on non motorized trails, but why are they non-motorized trails. The reason is because the hikers and horse riders tried to ban all mechanized access, but failed to prove that bikes damaged the trails more than the horses. So they agreed with banning motorized vehicles for the time.
Now that e-bikes, motor assisted vehicles actually do less damage than horses they want to have them banned without any actual studies, and are just yelling about the lack of studies as a deflection. I say lets do the studies, prove that horses do more damage than e-bikes and then if e-bikes must be banned so do horses.
As far as real mountain bikers being against e-bikes, you need to speak for yourself, and not try to put words in other peoples mouths.
I am a real mountain biker, I built my first trail bike before the term mountain bike even existed. (I built a Klunker from an old Schwinn back in 1970 before most to the people here were even born. We were hated back then just like e-bikes are hated now, and I stand with the e-bikers even though I still do not ride one.
I find no justifiable reason to ban class 1 e-bikes from anywhere any other bike is allowed.
Nov 21, 2019
Are you instead referring to those who ride motorbikes? If so, I'm sure you'll find plenty of "people with a lot of money" to come to their defense, as well.
Nov 27, 2019
Nov 24, 2019
That would be an interesting study. I have seen a lot of damage done from horses with people on top of them. Well said.
Nov 22, 2019
https://www.congress.gov/107/plaws/publ319/PLAW-107publ319.htm
Nov 22, 2019
And if you let one group stop e bikes then what is stopping them from going after any bicycle on the trail systems?
Nov 21, 2019
Nov 21, 2019
“Allowing motorized bicycles on non-motorized trails meant for hikers, backpackers, and equestrians poses risks and conflicts for the many visitors who enjoy that type of quiet recreation”.
Note how NON-motorized MTBs are NOT mentioned as one of the groups the trail is "meant for". As Ed Hall indicates, this speaks to the potential of blurring the lines between MTBs and motorized MTBs and thus the possibility of motorized MTBs to impact regular MTB access.
Nov 25, 2019
Nov 23, 2019
I encourage a genuine study, what does more trail damage, disrupts the environment and introduces more non-native waste to trails, emtb’s or equestrians?
I say, do they study and kick the loser off the trails. Sound like a good idea equestrian riders?
I seriously don’t think they realize how hypocritical and idiotic they sound bashing bikes while riding a frigging horse through those same trails!
Nov 21, 2019
Nov 22, 2019
Nov 23, 2019