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American
Hiking Society * American Lands Alliance * Colorado Mountain Club*
Natural Trails & Waters Coaliton * North Cascades Conservation
Council * Public Employees for Environmental Responsibility * Sierra
Club * The Wilderness Society * Washington Wilderness Coalition
* Wildlands CPR
July
7, 2004
Draft Off-road Vehicle Rule
Well-Intentioned, But Largely Ineffective
Proposal Must be Significantly
Strengthened to Address Growing Threat
Washington, DC - Conservation, recreation, hunting
and other groups across the country today called proposed rules
issued by the USDA Forest Service for off-road vehicle use on America's
National Forests well-intentioned, but largely ineffective. While
the proposal is a small step forward, it needs significant strengthening.
Although some of the proposed changes are positive, they alone
will not solve this growing problem. Oddly, while Forest Service
Chief Dale Bosworth has identified unmanaged off-road vehicle use
as one of the greatest threats to National Forests, the proposal
frequently highlights the importance of "enhancing" opportunities
for off-road vehicle recreation rather than creating a better balance
between this small use and the many other uses of National Forests.
To ensure necessary and common-sense protections for public land,
wildlife and other recreational users, the Forest Service must include
additional measures in the final rule. The most important of these
include:
* Within two years, designating roads and routes that are appropriate
for off-road vehicle travel. At the end of this period, such use
could only occur on designated roads and routes;
* Designating roads and routes based on a full and public analysis
of the site-specific environmental impacts and user-conflicts;
* Immediately barring use of all unauthorized, renegade routes;
and
* Authorizing off-road vehicle use only to the extent that effective
monitoring and enforcement are annually funded and implemented.
Inclusion of a timeframe in regulation for completing route designation
is even more important in light of following statement in the proposal:
"The proposed rule would have no effect on the ground until
designations of roads, trails, and areas are completed at the field
level, with opportunity for public comment." (see page 41)
In spite of the seriousness of the threat, the Forest Service refuses
to make any firm commitment to starting and completing route designation
in a reasonable period of time.
"The proposed rule unfairly favors relatively few off-road
vehicle riders at the expense of millions of recreationists who
seek some peace and quiet," said Jim Furnish, who ended a 34-year
career with the Forest Service as the agency's third highest official
overseeing the National Forest System. "Off-road vehicle reform
is badly needed to heal the land and create some peace -- this proposal
is sluggish and doesn't get to the heart of the problem."
The Forest Service is proposing several policy changes that would
be beneficial if effectively implemented on the ground. These include:
* Prohibiting cross-country travel by motor vehicles except under
limited circumstances;
* Authorizing ATV and dirt bike use only on roads and off-road vehicle
routes specifically designated as open for such use; and
* Enabling law enforcement officers to issue citations more easily.
"Tens of millions of hikers and other human-powered recreationists
turn to National Forests to experience fresh air, clean water, abundant
wildlife, lush vegetation, and quiet, natural sounds," said
Celina Montorfano, Director of Conservation Programs for the American
Hiking Society. "However, uncontrolled off-road vehicle use
is adversely affecting that experience in National Forests across
the country through resource damage, pollution, and incursions on
non-motorized trails."
"Unregulated, irresponsible and out-of-control use of ATVs
threatens our hunting heritage," said Dave Stalling, President
of the Montana Wildlife Federation. "Simply put: unmanaged
ATV use is reducing habitat security, increasing big game vulnerability
and, in the long term, greatly reducing hunting opportunities."
Last year, Forest Service Chief Dale Bosworth identified unmanaged
recreation, particularly off-road vehicle use, as one of the greatest
threats to America's National Forests. He described a litany of
adverse impacts to the land, wildlife and other visitors and highlighted
the proliferation of unplanned - or renegade - dirt bike and all-terrain
vehicle (ATV) routes that crisscross many National Forests. Since
then, Chief Bosworth has also stressed the urgent need to address
this problem: "This is not an easy issue to tackle, but if
we wait a day, a week, or even a year, the impact on the land and
the issue surrounding this problem will become even harder to deal
with. We need to address the issue now."
"The Forest Service has taken a small step forward today,"
said Scott Kovarovics, Director of the Natural Trails and Waters
Coalition. "The proposed rule is a start, but it must be significantly
strengthened by including a two-year timeframe to designate routes
and immediately prohibiting use of renegade ATV and dirt bike routes."
The underlying legal framework for off-road vehicle management
on federal public lands is provided in Executive Orders issued by
Presidents Richard Nixon in 1972 and Jimmy Carter in 1977. President
Nixon's Order (number 11644) states that the purpose of federal
off-road vehicle management is to "ensure that the use of off-road
vehicles on public lands will be controlled and directed so as to
protect the resources of those lands, to promote the safety of all
users of those lands, and to minimize conflicts among the various
uses of those lands." This Order further requires that agencies
"minimize" adverse impacts on natural resources, including
water, soils and vegetation, and wildlife and wildlife habitat,
as well as conflicts with other uses when designating routes for
off-road vehicle use.
The proposed rule is available today on the Forest Service's website
at: http://www.fs.fed.us/recreation/programs/ohv/index.shtml. Publication
of the proposal in the Federal Register, expected in the next several
days, will begin a 60-day public comment period. Comments can be
submitted to the Forest Service via the following:
U.S. Mail:
Proposed Rule for Designated Routes and Areas for Motor Vehicle
Use
c/o Content Analysis Team
P.O. Box 221150
Salt Lake City, Utah 84122-1150
Email:
trvman@fs.fed.us
Fax:
801-517-1014
-end-
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