Testimony Submitted by Larry E. Smith
Executive Director, Americans for Responsible
Recreational Access
Senate Committee on Energy and Natural Resources
Hearing on OHV Recreation Management on Public Lands
June 5, 2008
Mr. Chairman and Members of the Committee.
My name is Larry E. Smith and I serve as the Executive Director of Americans for Responsible Recreational Access (ARRA).
For several years, ARRA has been active in a number of issues affecting the management of OHV recreation on public lands. ARRA’s mission is to encourage the use of our public lands in a responsible manner. We appreciate this Committee’s decision to hold this public hearing.
As you know, more and more Americans are deciding to visit their public lands and many are doing so by using off-highway vehicles (OHVs). In the coming years, we anticipate that this mode of recreation will increase in popularity especially as our urban areas become more congested and as our general population ages. More families and more senior citizens are choosing to visit public lands on OHVs.
In recent years, as OHV recreation has increased in popularity, our public lands’ agencies have begun to make the management of OHV recreation a higher priority. Such a response is not unusual. Greater demand usually results in greater attention. We see such a response in all forms of public policy whether it has to do with transportation, education, health care or public lands.
In terms of OHV recreation, the challenge for the Forest Service and the Bureau of Land Management is how to handle increased demand without crippling the public’s enthusiasm for visiting our public lands. For example, the U. S. Forest Service has approached this by embracing a Travel Management Rule whereby National Forests will go to a designated trail system for OHV recreation. ARRA supported the adoption of this rule and has worked closely with the agency during the implementation phase.
Such an approach is not an easy task since the Forest Service has to balance the needs and desires of those who enjoy OHV recreation and those who do not. Fortunately for non-motorized recreation groups, the Congress has designated millions and millions of acres of public lands as Wilderness areas. Wilderness areas do not permit any form of motorized recreation. So while non-motorized recreation is experiencing an expansion of areas where it can exclusively visit, motorized recreation is experiencing a decrease in areas as designated trail systems are implemented. Designing a challenging dedicated trail system for motorized recreation becomes all the more important as both the BLM and the Forest Service go to a designated trail system.
As we have said, ARRA strongly supported the adoption of the Travel Management Rule and remains actively involved in the implementation phase of this rule. We do have concerns about the pace of implementation especially when financial resources for this purpose are limited. The Forest Service has set a four-year timetable for the completion of the implementation of this rule in all National Forests. Because of the enormity of this undertaking, we think a longer timetable for completion is warranted for some National Forests especially if the ultimate goal is to design a trail system that works best for both the Forest Service and the OHV enthusiasts.
Similarly, the Bureau of Land Management has begun the active management of OHV access to the lands under its jurisdiction as it updates the resource management plans for the various land holdings. This is an ongoing effort on the part of the agency. We see BLM restricting cross-country travel and going to a designated trail system for OHV recreation. ARRA supports BLM in taking this action provided that local citizens are invited to be a part of the process.
In recent times, we have heard much about the growth of OHV recreation and the impact such activities are having on our public lands. Decisions to actively manage OHV recreation by both the Forest Service and BLM are meant to minimize adverse impact while at the same time enhancing the recreation experience of the OHV enthusiast. Critics of OHV recreation often advocate that this activity should be totally banned on all public lands. We strongly disagree with such an approach because we think that it is possible to effectively manage OHV recreation. We are pleased that both the Forest Service and the BLM recognize that motorized recreation is an appropriate activity on federal lands.
We acknowledge that some individuals do deliberate harm to our public lands just as they do on our highways and in the neighborhoods of our cities and towns. We think the appropriate response to such bad behavior is to prosecute those individuals and groups to the fullest extent under the law. Unfortunately, the current laws governing our public lands are in desperate need of updating and this is an area where this Committee and this Congress can make a real difference.
One such approach is embodied in legislation introduced in the House of Representatives, H. R. 1484. Similar legislation passed the House of Representatives in both the 108th and 109th Congress only to be sent to the Senate where no action was taken. This legislation, if enacted into law, would standardize among all federal land agencies, the National Park Service, the U. S. Fish and Wildlife Service, the Bureau of Land Management and the
U. S. Forest Service, fines and penalties for bad behavior on public lands. In the past, all of these federal land agencies have supported enactment of this legislation.
H. R. 1484 would create two general classes of fines and penalties for those found guilty of unlawful abuse of public lands. For example, any individual found guilty of a Class B Misdemeanor, violating regulations governing the use of public lands, would be subject to a fine not to exceed $5,000 and/or imprisonment of up to six months. A group found guilty of a Class B Misdemeanor will be subject of a fine not to exceed $10,000 and/or imprisonment of up to six months.
The penalty would be much steeper for someone who went out and deliberately caused destruction on our public lands. For example, if they “knowingly” violated regulations and were found guilty of a Class A Misdemeanor, they would be subject to a fine not to exceed $100,000 and/or imprisonment of up to one year. The same penalty for a group found guilty of a Class A Misdemeanor would be subject to a fine not to exceed $200,000 and/or imprisonment of up to one year. It’s important to note that a defendant charged with a Class A Misdemeanor must receive a jury trial.
We believe this Committee can take a significant step in assisting the federal land agencies as they actively manage OHV recreation by giving them the necessary tools for law enforcement purposes. Effective law enforcement doesn’t harm those who obey the law. It focuses on those who do not. ARRA strongly believes that effective law enforcement with the necessary tools of stiff fines and penalties will effectively curb inappropriate behavior on public lands by all forms of recreation. H.R. 1484 effectively addresses this need.
OHV recreation is popular on our federal public lands and that is evident by the fact that more Americans choose access to the great outdoors through OHV recreation. ARRA believes that OHV recreation can be effectively managed provided that adequate resources are available for trail maintenance, law enforcement, education and outreach to the user community.
We are gratified that this Committee is interested in how these agencies are managing OHV recreation. ARRA believes this Committee can assist these agencies by passing legislation such as H.R. 1484. Working together, we can ensure that OHV recreation continues to have a rightful place on public lands, where appropriate. Doing so will ensure that Americans citizens, regardless of age or physical condition, will continue to enjoy and experience all of what our public lands have to offer.
Larry E. Smith
Executive Director
Americans for Responsible Recreational Access (ARRA)
1152 15th Street, N.W., Suite 800
Washington, D. C. 20005
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