Federal Regulatory Update

ARRA Reports on New OHV Regulations

ARRA wishes to commend the U.S. Forest Service for putting forth draft regulations governing OHV access to Forest Service lands.  The proposed rules will require each national forest to establish an inventory of roads, trails, and areas available for OHV use.  Once these roads, trails, and areas are designated, motor vehicle use will be authorized in these areas only, unless exempted from the designations.

One of the most important elements of the proposed rule is the acknowledgement on the part of the Forest Service that motorized recreation is a legitimate use of public lands.  As the supplementary information states, “motor vehicle use is an appropriate way to recreate in the National Forests, access hunting and fishing opportunities, sightsee, and otherwise enjoy recreational experiences on National Forest Service land.”   It also goes on to say that OHV use is a growing and important recreational activity on National Forest System lands.

The rule also recognizes that local input in managing our public lands is essential.  By making broad policy at the national level while leaving much of the decision-making to local Forest Service officials, the agency has properly balanced both local and national goals.

Despite ARRA’s general support for the proposed rules, we have identified several areas that merit special attention and clarification on the part of the Forest Service:

1. As currently written, the proposed rule does not eliminate the possibility of a deadline or timetable for completion of the   process.  The final rule must prohibit the establishment of any deadlines; doing so would only create incentives for an incomplete, rushed job.
2. Any inventory must include all roads and trails, not simply those on current Forest Service maps.
3. Forest Service budget currently does not have any funds dedicated for the inventory process.  For OHV management to be successful, this funding shortfall must be addressed for FY 2005.
4. Areas, roads, and trails that are currently open must remain until the inventory process is completed.
5. Forest Service needs to enlist the assistance of the general public in the inventory of OHV trails and roads.  The use of standardized GPS systems on the part of both the Forest Service and the general public will assist the accuracy of this undertaking. 
6. The emergency closure authority must be better defined so land managers cannot arbitrarily and privately close land for indefinite periods.  There should be a one-year maximum time allowed for closures, an annual review of all temporary or emergency closures, and public availability of monitoring and analysis methods used to close lands.