NationalManagement Strategy

for MotorizedOff-Highway Vehicle Use

on Public LandsU.S. Department of the Interior

Bureau of Land Management

January 2001

NATIONAL

MANAGEMENT STRATEGY

FOR

MOTORIZED OFF-HIGHWAY VEHICLE USE

ON PUBLIC LANDS

Prepared by:U.S. Department of the Interior

Bureau of Land ManagementWashington, DC

January 19, 2001

Date

ABBREVIATIONS

ANILCA Alaska National Interest Lands Conservation ActACEC area of critical environmental concernATV all-terrain vehicleBMP best management practiceBLM U.S. Department of the Interior, Bureau of Land ManagementCFR Code of Federal RegulationsEIS environmental impact statementE.O. Executive OrderFLPMA Federal Land Policy and Management Act of 1976GAO General Accounting OfficeIMP Interim Management Policy for Lands Under Wilderness ReviewNEPA National Environmental Policy Act of 1969, as amendedOHV off-highway vehicle ORV off-road vehicleRAC Resource Advisory CouncilRMP resource management planSUV sport utility vehicleWSA wilderness study area

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CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1NEED FOR AND PURPOSE OF THE STRATEGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2LAND USE PLANNING AND REVIEW OF THE DESIGNATION PROCESS . . . . . . . . . . . . . . . . . . . . . . 3SCOPE OF THE STRATEGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4THE STRATEGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

What it Is, What it Is Not . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5What It Can do and Cannot do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

PUBLIC PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6PUBLIC COMMENTS REQUIRING CLARIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7STRATEGY MANAGEMENT GOALS AND ACTION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1. Coordination, Internal and External . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2. Easements and Acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. Environmental Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. Fees and Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. Inventory and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7. Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8. Penalties and Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9. Program Management and Regulatory Guidance (43CFR8340) . . . . . . . . . . . . . . . . . . . . . 17

10. Program Management and Regulatory Guidance (BLM Regulations and ANILCA) . . . . . . . 1711 Program Management and Regulatory Guidance (Personal Watercraft

and Snowmobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812. Recreation Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813. Road and Trail Design, Maintenance, and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814. Signs, Maps, and Other Public Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1915. Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016. Wilderness Study Areas (General and IMP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2017. Wilderness Study Areas (Monitoring, Observation, and Management) . . . . . . . . . . . . . . . . 21

GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

APPENDIXES

APPENDIX 1: EXCERPTS FROM E.O. 11644 (as amended by Executive Order 11989) . . . . . . . . . . 27APPENDIX 2: EXCERPTS FROM THE CODE OF FEDERAL REGULATIONS TITLE 43

PART 8340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33APPENDIX 3: PUBLIC PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39APPENDIX 4: EXCERPTS FROM THE WILDERNESS STUDY AREA INTERIM

MANAGEMENT POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

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NATIONAL MANAGEMENT STRATEGYFOR MOTORIZED OFF-HIGHWAY VEHICLE USE

ON PUBLIC LANDS

INTRODUCTION

The Bureau of Land Management’s NationalManagement Strategy for Motorized Off-HighwayVehicle Use on Public Lands (Strategy) is acomprehensive effort to address a significantissue for natural resource management. Thisdocument is a first step in developing a pro-active approach to determine and implementbetter on-the-ground motorized off-highwayvehicle management solutions designed toconserve soil, wildlife, water quality, nativevegetation, air quality, heritage resources, andother resources, while providing for appropriatemotorized recreational opportunities. It providesagency guidance and offers recommendationsfor future actions to improve motorized vehiclemanagement.

Over the past several decades, the public hasincreasingly relied on public lands to providemotorized recreational opportunities. Whileallowing this acceptable use of BLM-administered lands, it is also the responsibility ofthe BLM to ensure that these lands arepreserved and conserved for future generations. Balancing public use and enjoyment of the publiclands along with protection of importantresources requires BLM to have a moreorganized and effective program for themanagement of roads and trails, and theactivities that occur on them. Theimplementation of this strategy will be an on-going, adaptive process that will require thecontinued cooperation and participation ofinterested publics. As a guiding document, thestrategy will be refined and implemented asopportunities arise and funding allows. Thestrategy will help ensure consistent and positivemanagement of environmentally responsiblemotorized off-highway vehicle (OHV) use onpublic lands.

NEED FOR AND PURPOSEOF THE STRATEGY

Motorized off-highway vehicle use on publiclands administered by the Bureau of LandManagement (BLM) has increased substantiallyin recent years. Many factors have contributed tothe growing popularity of motorized off-highwayrecreational activities and the resulting impactsto public land resources. Some of these factorsare:

• greater public interest in unconfined,outdoor recreational opportunities;

C rising disposable income, fostered by ahealthy domestic economy, for use onrecreational pursuits;

• advances in vehicle technology thatenable motorized OHV users to reachpreviously inaccessible areas;

• the rapid growth of the West’s cities andsuburbs, whose expansion andpopulation growth has broughtWesterners closer to once-remote publiclands, and;

• a population with an increasing medianage with changing outdoor recreationalinterests.

The BLM has become increasingly concernedabout the impact of all types of recreationalactivities, including motorized OHV use, on the264 million acres of public land resources forwhich it provides stewardship. Discussions withother federal agencies, state agencies, countygovernments, the general public, and BLM staffhave identified motorized OHV use as a nationalmanagement issue. The BLM Director hasnoted that because of the advances in OHVtechnology and an increase in their popularity,some of the BLM’s land use plans need updatingand budgets and staffing levels need to beincreased

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to meet the management challenges posed bymotorized OHV use in the fast-growing West.

The purpose of this Strategy is to help the BLMfield managers implement on-the-groundsolutions to motorized OHV recreation andaccess issues, protect public land resources,and make more effective use of existing staff andfunding, and pursue additional resources tosuccessfully accomplish this strategy.

This Strategy addresses proposals from thegeneral public expressed during “ListeningMeetings” and in written and electroniccomments received during the development ofthis Strategy including suggestions from otherfederal agencies, state and local governments,the BLM’s Resource Advisory Councils (RACs),nongovernmental organizations, and BLMspecialists. It also offers guidance andrecommends numerous actions aimed atcreating a local framework for reviewing andresolving motorized OHV-related issues. Theseissues include:

C current motorized off-road vehicle(motorized OHV in this document)designations;

C regulations;C resource issues;C management of special areas and

resources;C monitoring; C education; C law enforcement, and C budget.

This Strategy also identifies critical funding andstaffing needs throughout the agency, toadequately address motorized OHVmanagement. The public identified the need forincreases in law enforcement capability,educational programs, signing and mapping,inventory and monitoring, maintenance andconstruction, and development of partnershipsand volunteer programs. All these actions willrequire significant increases in appropriatedfunds. This strategy outlines what resources areneeded to fully implement a comprehensive OHVmanagement program. It also emphasizes the

need for the BLM to identify OHV managementas a budget priority.

This Strategy recognizes, as does the policyoutlined in BLM Manual 8340 (May 25, 1982), thatoff-road vehicle use is an “acceptable use ofpublic land wherever it is compatible withestablished resource management objectives.” As established by the Federal Land Policy andManagement Act of 1976 (FLPMA), the BLM isrequired to manage the public lands on the basisof multiple use and sustained yield, whileprotecting natural values. The BLM believes thatimplementing actions in this Strategy will helppromote balance between these sometimescompeting principles.

In developing this Strategy, the BLM has drawnon the thousands of comments and suggestionsit received during the public comment period. These comments will continue to help the BLM infinding solutions to motorized OHV managementissues. It should be noted that in soliciting publicinput, the BLM expressed a desire to compile a“toolbox” of motorized OHV managementsuccess stories and techniques. The BLM hasmade completion of the “toolbox,” in thisdocument called the “Motorized OHVManagement Field Guide,” an action item forimplementing this Strategy.

BACKGROUND

On January 10, 2000, the Bureau of LandManagement announced its plans to develop anational strategy for ensuring environmentallyresponsible off-highway vehicle (motorized OHV)use on BLM-administered public lands. The BLMcommitted to working in partnership with thegeneral public, user groups, and other interestedparties in developing a strategy aimed at resolv-ing issues prompted by the growing popularity ofmotorized OHV use on public lands. Thispopularity is evidenced by the fact that recrea-tional enthusiasts are buying motorized OHVs ata rate of 1,500 units per day nationwide, withnearly one-third of them doing so as first-timebuyers of such vehicles. Motorized OHV use isnow firmly established as a major recreational

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activity on BLM-administered public lands. At thesame time, this motorized OHV activity and itsrelated impacts are now the subject ofconsiderable public scrutiny and discussion.The BLM manages OHV use under FLPMA andunder Executive Order 11644 (as amended byExecutive Order 11989), which the Presidentissued in 1972, when there were an estimated 5million OHVs (See Appendix 1, “Excerpts fromExecutive Order 11644....”). Since then, OHVuse on public lands has risen dramatically,prompting concern over the nature and scale ofimpacts from all types of OHV recreationalactivities.

For many years the term “off-highway vehicle”(OHV) has been used by the public, industry, andthe BLM interchangeably with the term “off-roadvehicle” (ORV). However, only the term off-roadvehicle has a legally established definition in thePresidential Executive Orders and the BLM’srelated 43 CFR 8340 regulations. (See Appendix2, “Excerpts from the Code of FederalRegulations....”) In general, throughout thisdocument we will refer to motorized OHV, exceptwhen discussing issues related to policy,regulation, or land use planning. The BLMelected to use “off-highway,” partly because it isa more popular term, but primarily because theregulations address vehicles which use roadsand trails on BLM-administered land, and aretherefore, not just “off-road.”

LAND USE PLANNING ANDREVIEW OF THEDESIGNATION PROCESS

Off-highway vehicle designations are determinedthrough a comprehensive land-use planningprocess which serves as an adaptive and flexibleapproach to the management of all activities onthe public lands. As circumstances andconditions have changed over the past severaldecades, BLM has made a concerted effort tofocus the agency’s resources in the developmentof land-use plans by seeking additional fundingand staff to address issues associated with the

increased population growth near the publiclands. Off-highway vehicle designations are amajor component of all future planning efforts.

In 1972, the President issued Executive OrderNo. 11644, requiring each federal agency todesignate “areas and trails” for off-road vehicleuse or restriction and to develop regulationsimplementing this Executive Order (E.O.). TheBLM’s regulations (43 CFR 8340) establishedmanagement areas as either “open,” “limited,” or“closed” to off-road vehicle use. (The ExecutiveOrder and regulations refer to ORVs rather thanoff-highway vehicles, so the term ORV will beused in this section of the Strategy.) ProperORV management provides for the public’srecreational needs, protects resources, ensuresthe safety of the public, and minimizes conflictsamong the various public land uses. The BLM’sORV designations are:

Open: The BLM designates areas as“open” for intensive ORV use where thereare no compelling resource protectionneeds, user conflicts, or public safetyissues to warrant limiting cross-countrytravel.

Limited: The agency designates areas as“limited” where it must restrict ORV use inorder to meet specific resourcemanagement objectives. These limitationsmay include: restricting the number ortypes of vehicles; limiting the time orseason of use; permitted or licensed useonly; limiting use to existing roads andtrails; and limiting use to designated roadsand trails. The BLM may place otherlimitations, as necessary, to protectresources, particularly in areas thatmotorized OHV enthusiasts use intenselyor where they participate in competitiveevents.

Closed: The BLM designates areas as“closed” if closure to all vehicular use isnecessary to protect resources, ensurevisitor safety, or reduce use conflicts.

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These designations are incorporated in theBLM’s 8340 Manual (issued May 25, 1982) whichprovides land managers with general guidance inmanaging ORVs on public lands. The manualalso guides managers in issuing emergencylimitations, interim designations, or closures. Land managers are required to take action wherethey have determined ORV use is causing, ormay cause, considerable adverse effects onresources. Emergency limitations or closuresare not ORV designations, but remain in effectuntil the adverse effects are eliminated,measures are in place to prevent theirrecurrence, or revised ORV designations areadopted.

The BLM completes ORV designations as part ofits land-use planning process. In developingland-use plans the BLM takes the followingactions relating to ORV use on public lands.

– Defines the nature and extent of problems oropportunities relating to ORV use.

– Develops planning criteria that deal withresource protection, user needs, publicsafety, and user conflict resolution.

– Compiles data needed to determinerequirements for resource protection, userneeds, public safety, and user conflictresolution.

– Collects new road and trail network data ifexisting baseline data are insufficient toresolve significant ORV issues.

– Analyzes the capability of public landresources to sustain ORV use.

– Develops proposed ORV designations andincludes various alternatives in the draftenvironmental impact statement (EIS) anddraft resource management plan (RMP).

– Addresses ORV designations, use, andsubsequent impacts as part of the draft EISand draft RMP.

– Decides on the resource allocation for ORVuse that best meets the purpose and need forthe RMP and best resolves the planningissues through completion of the final EISand RMP.

– Applies legal requirements of laws such asFLPMA, National Environmental Policy Act of1969 (NEPA), R.S. 2477 rights-of-way, validexisting rights, the Alaska National InterestLands Conservation Act, the Threatened andEndangered Species Act, and theWilderness Act.

To implement ORV land-use plan decisions, theBLM prepares maps of the designations forpublic use; appropriately signs roads, trails, andlimited-use areas; and informs the public throughpublications in the Federal Register and localmedia.

SCOPE OF THE STRATEGY

This Strategy is designed to help the BLM fieldmanagers implement on-the-ground solutions tomotorized OHV issues, protect public landresources, and make more effective use ofexisting staff and funding. It will also identify theadditional funding and staffing needed to improveoverall motorized OHV management.

This Strategy is designed to accomplish fiveprimary things:

1. Protect public land resources,promote safety for all public landusers, and minimize conflicts amongthe various uses of the public lands.

2. Prescribe actions that can be taken atthe national level to identify, review,and clarify policy, and if needed, towork toward revising regulations.

3. Provide guidance to the BLM stateand field offices regarding existingregulatory authorities andrequirements.

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4. Identify staffing and resource needs atthe BLM’s state and local levels inorder to improve overall motorizedOHV management.

5. Use the experiences of the BLM staffand the public’s concerns,comments, and willingness toparticipate in management activitiesexpressed during the development ofthis National Motorized OHVManagement Strategy.

Since the BLM started managing motorized OHVactivities, new technology and recreationalequipment specifically designed for motorizedOHV use have been introduced. In addition tocars, trucks, dune buggies, jeeps, and motor-cycles, the motorized OHV category includessport utility vehicles (SUVs), all-terrain vehicles(ATVs), snowmobiles, personal watercraft,ultralights, motorized bicycles, and otheremerging technologies.

Approximately 60 percent of the commentsreceived on the draft Strategy reflected theassumption that nonmotorized activities, such asmountain biking, were going to be included in thesame category as motorized vehicles. However,due to the complexity of the issues and upon fullconsideration and further review, BLM hasdetermined to pursue a separate strategy for themanagement of nonmotorized transportation,which includes mechanized and human-poweredactivities. A separate discussion on this issuehas been added to the section “PublicComments Requiring Clarification.”

THE STRATEGYBecause the public requested actions that areoutside the scope of this Strategy, the followingis a summary of what the Strategy is and is not,and what it can and cannot do.

What it Is, What it Is Not

This Strategy is:

• an effort to manage motorized OHV activitiesin full compliance with Executive Orders11644 (1972) and 11989 (1978), 43 CFR

8340, policy, and manual guidance whichdirect the BLM’s management of motorizedOHVs;

• a “catch up” initiative aimed at meeting thechallenges of the fast-growing West, wheremany new motorized OHV users, with newequipment designed for motorized use, areseeking access to the public lands;

• an approach that reflects extensive publicinput, offers flexibility (meaning it can, andwill, change over time as resource issuesemerge and user conflicts arise), and seeksto promote local solutions to local problems;and

• an effort to enhance the management andprotection of all public lands administered bythe BLM that are part of specially designatedareas (that is, designated wilderness,national areas of critical environmentalconcern (ACECs), monuments, nationalconservation areas, and wild and scenicrivers), and within temporary protectivedesignations, such as wilderness studyareas.

This Strategy is not:

• a new set of regulations (although theStrategy does call for a review of existingregulation in 43 CFR 8340);

• a national motorized OHV designation (thisStrategy–while recommending additionalprotection for specially designated areas andWSAs–does not impose any “top down” or“one-size-fits-all” designations);

• an initiative that closes any roads orauthorizes the construction of any roads(these decisions will continue to be madelocally within the BLM’s land-use planningprocess);

• a forum for discussing the appropriateness ofdesignating or not designating NationalMonuments, National Conservation Areas,and Wilderness Areas (inasmuch as thesedesignations fall strictly within the purview ofthe President and Congress).

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What It Can do and Cannot do

If fully implemented, this Strategy can:

• promote consistency of motorized OHVdecision making and management within theBLM by clarifying guidance and promotingunderstanding of motorized OHVmanagement goals;

• highlight the additional funding and staffingneeded by the BLM to manage motorizedOHV use effectively;

• lead to updating existing off-road regulationsand policy guidance while raising publicawareness about the complexities ofimplementing and enforcing motorized OHVdesignations;

• clarify the BLM land manager’s legalauthorities for managing motorized OHVuses;

• reduce conflicts among user groups;

• promote responsible motorized OHV use andreduce habitat degradation and potentialimpacts to wildlife; and

• provide an opportunity for long-terminvolvement of the public in motorized OHVmanagement on public lands.

However, this Strategy cannot:

C directly revise existing regulations (which canoccur only in the formal rulemaking process,with full public participation);

• change any legislation or Executive Order;

• provide the additional funds and staffingneeded for effective motorized OHVmanagement; or

• increase any fines or penalties for violationsof motorized OHV rules and regulations.

PUBLIC PARTICIPATION

The BLM recognized the importance of effectivecommunication among all parties to develop anyworkable solution or strategy. On June 1, 2000,the Bureau of Land Management initiated a majoroutreach effort to solicit public comments on howbest to develop a National Off-Highway VehicleManagement Strategy. The public was invited toprovide recommendations and solutions toenable the BLM to better manage motorized OHVactivities. A multimediaapproach using public meetings the internet,electronic mail, brochures, and mailers wasused to encourage widespread publicparticipation in the process. The goal was toensure the active participation of the public and,based on the public comment, to draft clear andconcise guidance for the BLM offices in the day-to-day management of motorized OHV activities.

To facilitate the process, a mailer was developedwhich outlined four areas and provided examplesof currently recognized issues associated withthe motorized OHV program. These areasincluded (1) land use concerns, (2) resourceconcerns, (3) management tools, and (4) legalconsiderations. In addition, the public was invitedto participate in locally held discussions at 49“Listening Meetings.” In response to thisoutreach program, the BLM received almost5,000 comments. All the comments werecategorized and served as the basis fordeveloping the Draft National ManagementStrategy for Motorized OHV Use on PublicLands.

On December 3, 2000, the public was providedcopies of the draft Strategy via the internet, andprinted copies were sent to all members of thepublic on the mailing list from the first publicoutreach effort. The public was invited to providerecommendations, suggestions and commentson the draft Strategy. The response from thepublic was overwhelming. Over 14,000comment letters were received on the draftStrategy, either electronically or by mail. Overall,the comments were supportive of many of theStrategy’s goals, yet provided comments on how

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to modify the Strategy to meet the particularneeds of the various off-highway communities.There were many recommendations andsuggestions that served as the basis forclarifying and improving goals and action items inthis Strategy. These included goals for betterroad and trail design, maintenance, signing,maps, and a consistent policy for access forindividuals with special needs. Please refer toAppendix 3, Public Participation.

PUBLIC COMMENTSREQUIRING CLARIFICATION

The BLM received many comments andrecommendations that require clarification. Some public comments suggested that the BLMimpose identical motorized OHV restrictions onall BLM-administered lands and waters. Othersuggestions used terms or called for require-ments that are inconsistent with federal law andBLM regulations, policies, and procedures. Below are key items requiring clarification.

Public Suggestion: Nonmotorized useshould not be included in this Strategy.

The BLM recognizes the use of bicycles andother human-powered, mechanizedconveyances as appropriate recreationalactivities. The agency also realizes that thereare substantial differences in the type of use,associated impacts, and managementapproaches between nonmotorized andmotorized vehicle activities.

Critical to any successful strategy is full publicparticipation in the process. Over the years,BLM has a long, productive relationship andpartnership with the mountain bike communityand has taken a leadership role in the manage-ment of mountain bike use on public lands. In1992, the BLM coordinated closely with theInternational Mountain Bicycle Association tojointly develop one of the first partnerships andnational strategies involving mountain bikes. Today, the BLM acknowledges that reviewing

and updating the mountain bike strategy andguidance is a necessity.

The BLM initially incorporated nonmotorized(mechanized/human-powered) vehicles in thedraft Strategy, since management of nonmotor-ized and motorized vehicle activities on thepublic lands share many of the same solutions. Many of the recommended on-the-ground andadministrative actions for OHV managementcontained in the draft Strategy could equally andeffectively be applied to mountain biking andother trail and road activities. These includeimproved planning for trails, regional and localsolutions, clarified use designations, potential forpartnerships with interest groups, need forimproved signing, maps and educationprograms, and potential for outside fundingsources. However, based on an analysis of theissues and concerns, and the specific andunique difference between the activities, BLMhas determined that mountain bike and othernonmotorized vehicle management warrant theirown strategy and management guidance.

Currently, mountain bikes are not specificallyreferenced in the 43 CFR 8340. This omissionof mountain bikes and other nonmotorizedvehicles from this regulation results in confusionabout enforcement authority and can lead toinconsistent management decisions. Regulations for nonmotorized, mechanized/human-powered activity need to be developed toadequately address advances in technology andeliminate regulatory loopholes anddiscrepancies.

Based on the comments from the initial outreacheffort and on the draft Strategy, several keyelements need to be considered in developing astrategy for nonmotorized vehicles. The BLMshould:

1. develop a comprehensive nationalstrategy for nonmotorized vehicle useon public lands; and

2. consider entering into a rulemakingprocess for the management ofnonmotorized/mechanized/ human-powered vehicles.

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Public Suggestion: Close all WildernessStudy Areas (WSAs) and “roadless”areas to OHV use.

The BLM used “roadless” as a criterion during itswilderness inventory process in accordance withFLPMA. As part of this process, BLM desig-nated some roadless land (exceeding 5,000acres) as wilderness study areas.

However, the BLM carries out no “roadless area”management apart from designated WSAs. Therefore, the BLM does not use the term“roadless area” as a land use classification or asa specific designation and cannot implement thissuggestion as an across-the-board designation.

Where limits on motorized OHV use are neededto protect public lands, the BLM can take actionunder existing land-use planning or the motorizedOHV designation process to limit or restrictmotorized OHV use. These decisions can be:

site-specific–limiting use to specific ways;seasonal–limiting use to certain times of the

year; or other–by type of vehicle, number of

participants or other particulars.

To protect areas where resources are at risk, theBLM can designate areas or roads, trails or waysas closed to motorized OHV use.

Public Suggestion: Open all designatedWilderness Areas, National Monuments,and Wilderness Study Areas to OHVuse.

This suggestion is contrary to federal laws,presidential proclamations, and executive orders. The Wilderness Act of 1964 prohibits the use ofmotorized and mechanized vehicles indesignated wilderness areas, subject to validexisting rights. National Monumentproclamations or legislation may direct specifictypes of motorized OHV use or designations.

The BLM must comply with this direction andmodify its relevant land use plans accordingly. The Federal Land Policy and Management Act of1976 requires the BLM to manage WSAs in amanner that protects their wildernesscharacteristics until Congress either designatesthese WSAs as permanent wilderness orreleases them for nonwilderness uses. ThisWSA protection requirement is reflected in theBLM’s Interim Management Policy (IMP) for LandUnder Wilderness Review. (See Appendix 4,“Excerpts from the BLM’s Interim ManagementPolicy for Lands Under Wilderness Review.”)

Public Suggestion: Close all BLM lands,including roads, to OHV use unlessposted as open to use.

Although the EO gives the BLM authority toestablish policies to control and direct the use ofoff-road vehicles on the public lands, subsequentplanning regulations require BLM to establishdesignations through the land-use planningprocess. As noted in the “Review of Off-Road(Off-Highway) Designation Process” section, theBLM must designate public lands as “open,”“limited,” or “closed” to OHV use. This strategydoes not meet the legal requirements to create adefault national designation to “open unless...” or“closed unless....” The BLM manages more thanhalf of all public lands under a limited or closeddesignation. Under its land use planningprocess, which includes public participation, theBLM has designated most of the remaining landsas open. To impose a nationwide closure of alllands would be a rejection of the past publicinvolvement in the existing designations. Moreover, such an action would be contrary tothe BLM’s intention and the public’s request forlocally developed motorized OHV managementplans and solutions. In light of current motorizedOHV use and resulting resource conditions, theBLM realizes that it must reevaluate its land useplans. To begin to address this need, the BLMrequested and received a $19 million increase infiscal year (FY) 2001 for land use planning andplan revisions, much of which relates directly tomotorized OHV issues and concerns.

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Public Suggestion: Open all BLM lands,including roads, to OHV use unlessposted as closed to use.

As noted above, this Strategy does not meet thelegal requirements for implementing thissuggestion. Opening all lands to unrestrictedmotorized OHV use would negate the publicinvolvement in the current limited and closeddesignations which exist on more than half of theBLM-administered public lands. Opening allthese public lands to motorized OHV use withoutadequate planning and environmental review iscontrary to law and would subject them topotentially serious resource damage.

Public Suggestion: The BLM shouldestablish a registration, licensing, ornew identification permit system forOHV riders or vehicles.

Such a system would constitute a significantdeparture from existing federal policy, whichdefers such regulatory matters to state and localagencies.

There are actually three distinct items involved inthis suggestion: permits, licenses, andregistration.

Permits, which fall within the BLM’sexisting authority, are authorizations touse the public lands in a certain manner. In certain situations, the BLM does issuepermits to individuals and organizations,who must generally pay a fee.

Licenses are instruments issued toindividuals that grant them the privilege ofoperating certain motor vehicles. Toobtain a license, an individual ordinarilymust take and pass a knowledge test andskills proficiency examination; the licenseapplicant must also meet certain agerequirements and physical standards,such as adequate eyesight. Issuingdrivers’ licenses is generally performedby state governments.

Registration is a means for collectinginformation about specific vehicles forpurposes of revenue collection, theftprevention, and law enforcement. Theregistration of motor vehicles is also astate government function.

STRATEGY MANAGEMENTGOALS AND ACTION ITEMS

OVERVIEW

The BLM launched this Strategy in response togrowing concerns that motorized OHV access,while an acceptable use of public lands importantfor many human needs, it may also be causingor perceived to be causing unacceptableresource impacts and conflicts with other publicland users. The public has demonstrated itsinterest in motorized OHV management onpublic lands by their participation in the publicmeetings, and the large number of commentsthat the BLM has received. For the Strategy,BLM requested ideas and proposed solutions forimproving motorized OHV management. Inreviewing the comments, a number ofsuggestions were incorporated into this Strategy,and others that will be further refined into otherguidance, including an “Motorized OHVManagement Field Guide.” The managementgoals and actions that will be presented in thisStrategy are recommended responses to theissues raised by the public, and to a large extent,incorporate the public comments. Theserecommendations depend on three factors tobecome a reality:

The first factor is funding. Scores ofcomments were received suggestinginnovative funding sources, and offeringvolunteer help and services for motorizedOHV management. These suggestionshave been incorporated into this Strategywith BLM’s commitment to implementingthem on the ground. No amount of publicor volunteer effort, however, can alleviatethe need for a well-trained staff and infra-structure required to effectively manage a

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program that involves a large land area withimportant needs. Without consistent,adequate funding, the BLM will be unable toaccomplish most of the recommendedactions.

The second factor is that successfulimplementation of this Strategy dependson continued participation by the public. The BLM is encouraged by the willing-ness of so many people to be involved inthis effort, both as commenters and asvolunteers to help with implementationefforts in the future. The success of thisStrategy depends greatly on that contin-ued level of support.

The third factor is the recognition thatmost of the implementation actions mustbe accomplished at the local level. TheWashington office will provide guidanceand coordination, and will act as afacilitator to allow the BLM’s state andfield offices to work with the localcommunities to accomplish many of theneeded actions in this Strategy.

ISSUES

The issues are not listed in any specific order. The action items highlighted in bold text arethe actions the BLM feels critical to the successof this Strategy and will be implemented as soonas practical.

1. Coordination, Internal andExternal

Proper OHV management relies on goodcoordination and communication throughout theagency and with the general public, OHV interestgroups and organizations, environmentalorganizations, state, local, and tribalgovernments, and other stakeholders.

Management Goal I: A Motorized OHVManagement Field Guide (toolbox).

Action: Compile and publish a“Motorized OHV Management FieldGuide” (Field Guide), as acommunications tool, incorporatingsuccessful approaches from fieldoffices, the public comments,recommendations, and suggestions oftechniques, and practices for themanagement of motorized OHVactivities on BLM-administered publiclands.

Management Goal II: Improved national-levelcoordination with other land managementagencies and interest groups.Action 1: Establish a national interagency

coordinating group to improveconsistency among agencies managingmotorized OHV activities.

Action 2: Encourage BLM state and fieldoffices to form similar state and(or) localcoordinating groups.

Management Goal III: Form a “Motorized OHVStrategy Action Team” within the BLM toimprove management and to incorporate thisStrategy into a continuous process capableof responding to changing conditions.Action 1: State directors will identify a

state/regional OHV coordinator at theappropriate organizational level. TheOHV coordinator position should be afull-time assignment rather thancollateral duty, unless motorized OHVuse is minimal in a particularstate/region. The OHV coordinatorwill be responsible for OHV activitieswithin the state or states and willserve on the National Motorized OHVStrategy Action Team.

Action 2: The National Motorized OHVStrategy Action Team will work with thenational OHV coordinator to implementaction items in this Strategy andperiodically provide progress reports tothe public.

Action 3: The state/regional OHVcoordinator will work with field offices toidentify additional interdisciplinary staffingneeds, position responsibilities, and

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budget needs for successful motorizedOHV management.

Action 4: The state/regional OHV coordinatorand field offices should use their resourceadvisory councils in the development ofOHV management activities and plans.

2. Easements and Acquisitions

Much of the BLM-administered public lands areintermingled with private, state-owned, andfederally-owned lands. An estimated 10 to 20percent of the BLM’s existing roads and trailshave no legal access, as many private routesprovide the only means of reaching certain publiclands. While private landowners may currentlyallow public access, owners could close thisaccess at any time. Although land acquisitionsand disposals may seem to be the solutiontomotorized OHV access issues, such landtransactions usually take place on the basis ofbroad resource management objectivesestablished through land-use planning, not onmotorized OHV issues alone.

Management Goal: Improved legal access topublic land, where appropriate andnecessary.Action 1: Field offices will identify access

needs and request funding for motorizedOHV-related access, exchanges, andacquisitions through existing inventoryand land use planning.

Action 2: The motorized OHV needsidentified in Action 1 will be incorporatedinto the existing agency ranking systemfor use in funding the backlog ofacquisition needs.

Action 3: Consult with state and localgovernments and the general public priorto initiating easement acquisitions.

3. Education

Public comments focused on the need to createor strengthen a responsible-use ethic amongpublic land users. The BLM has worked formany years with other agencies, user groups,environmental groups, schools, manufacturers,retailers, and private partners to promote such

an ethic. However, it is clear from the public’scomments and BLM staff observations, that theBLM must do more to foster responsible publicland use.

The public also feels that the BLM staff’s under-standing of motorized OHV activities, issues, andprogram management could be improved. It wassuggested that the BLM provide staff training onthe motorized OHV designation process, thecurrent laws and regulations, and the bestmanagement practices related to motorized OHVuse.

Management Goal I: An improved publicoutreach program for motorized OHV visitorsto instill and strengthen a more effectiveresponsible-use ethic.Action 1: Develop an information network to

foster the proper use of public lands,particularly directed to new motorized OHVenthusiasts and youth groups. Use BLMstaff and volunteers to develop and conductthe training and to increase the variety oftechniques and locations where trainingopportunities can occur.

Action 2: Expand the BLM’s relationship withnational ethics development organizations,such as Tread Lightly! Inc. and Leave NoTrace, and with other partners to explorethe development of a training curriculum. Instructors will need to be recruited andtrained.

Action 3: Information about regulations,penalties, consequences for irresponsiblebehavior, and potential impacts toresources from inappropriate use and thesubsequent loss of use areas should beincorporated into training and outreachprograms.

Action 4: Training and outreach programswill incorporate information about statutoryand regulatory restrictions for motorizeduse in special management areas such asdesignated wilderness, nationalmonuments, national conservation areasand wild and scenic rivers.

Action 5: Expand current efforts to work withmanufacturers to promote responsible use

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of off-highway vehicles. Accomplish this inconjunction with other federal agencies andTread Lightly! Inc.

Management Goal II: A comprehensive OHVeducation and training curriculum for trainingBLM field managers and specialists and forvolunteers.Action 1: Identify training needs, available

training courses, and develop new training,if needed, in cooperation with other stake-holders in motorized OHV recreation.

Action 2: The national OHV coordinator, incoordination with the National TrainingCenter, will identify existing trainingcourses and send out a training needsassessment questionnaire to office staffs. Develop new courses for training officestaffs, based on the needs assessmentfindings.

Action 3: Incorporate the principles of “TreadLightly! Inc.” and “Leave No Trace” asformal guidance for all activities in theagency. These principles will be used inday-to-day activities and decision making.

Action 4: Develop a “Motorized OHVManagement for Managers” course.

Action 5: Incorporate the motorized OHVdesignation process as an element of theland use planning training.

Action 6: Develop training courses specific tothe process required for completing andimplementing motorized OHV designations.

Management Goal III: Fully integrate interpre-tation into motorized OHV Management toimprove the understanding of public landresources and the relationship of theseresources to human needs.Action 1: Develop interpretive training re-

lated to appropriate OHV use, for visitorcontact staff (Park Rangers, Law Enforce-ment Rangers, other BLM staff) andvolunteers.

Action 2: Work with interpreters around theBLM to develop examples of themes andmessages that relate public land resourcesto the activities of motorized OHV users.

Action 3: Develop interpretive outreach formotorized OHV users such as audio tapes,

brochures, and wayside exhibits.Action 4: Work with cooperating associations

and community groups to better distributeinterpretive materials to motorized OHVusers.

4. Environmental Considerations

The public expressed concern about motorizedOHV impacts and the BLM’s assessment ofthose impacts (including cumulative impacts)under the National Environmental Policy Act(NEPA) process. The BLM will conduct soundenvironmental analysis in compliance with allapplicable executive orders and statutes such asthe Federal Land Policy and Management Act,the Endangered Species Act, the Clean WaterAct, the Clean Air Act, and the National HistoricPreservation Act. Emphasis will be placed onidentifying, monitoring, and mitigating motorizedOHV-related impacts, and taking swift actions tosolve immediate problems.

Management Goal I: Thorough analysis ofmotorized OHV issues and concernsthroughout the land-use planning process.Action 1: Use interdisciplinary teams and

public participation to ensure the effects ofOHV use on natural resources areanalyzed during the land-use planningprocess.

Action 2: Pursue interagency coordination ordevelop multi-jurisdictional plans to ensureconsistency across agency boundaries.

Action 3: Where motorized OHV use “willcause or is causing considerable adverseeffects,...” the BLM will “immediately closesuch areas or trails to the type of [OHVuse] causing such effects until such timeas it determines such adverse effects havebeen eliminated and that measures havebeen implemented to prevent future recur-rence.” (EO 11989, 1977). When imple-menting emergency closures use 43 CFR8341.2. Using the land use planningprocess, evaluate potential mitigationand(or) the need for short-term or long-term closures.

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Action 4: Integrate motorized OHVmanagement into BLM assessment andrestoration efforts such as watershedanalysis, riparian restoration, habitatmanagement, emergency fire rehabilitationplans, and other resource managementactivities.

Action 5: Conduct an appropriate level ofNEPA analysis that fully addressesmotorized OHV issues and concerns,including social and economic impacts, incompliance with all applicable laws.

Action 6: Use the best available science inmaking land management decisions.

Management Goal II: Full compliance with theEndangered Species Act and BLM policy forproposed or listed threatened or endangeredspecies and “Special Status Species” relativeto OHV activities on public lands.Action 1: The National OHV coordinator

will work with the State Directors todevelop a plan of action to identifyareas within each state where thecumulative effects of OHV use haveresulted in, or are reasonably expectedto result in, more than negligibledisturbance to proposed or listedthreatened or endangered species and“Special Status Species” and theirproposed or designated critical habitat. This should be done in conjunctionwith ongoing planning or new NEPAactivities.

Action 2: For those areas identified underAction 1, State Directors will use theemergency closure procedures found in 43CFR 8341.2 until such time as long-termdesignations are completed, through theland use planning process.

Management Goal III: Ensure that motorizedOHV designations are completed according tothe land use planning guidelines.

Action 1: For those lands identified wheremotorize OHV use “will cause or iscausing considerable adverse effects,...” and where vehicle use designationshave not been completed or thecurrent designations are out-of-date

because of use changes and(or)resource impacts, and a new planningstart or revision is not scheduled tobegin by the end of FY2003, an interimmotorized OHV designation through aland-use plan amendment may becompleted and implemented until suchtime as long-term designations arecompleted. These interim designationsmust, at a minimum, establishdesignations that are sufficient toinitiate vehicle manage-ment in areaswhere limited-use restrictions (such aslimited to existing or designated roadsand[or] trails) are warranted and(or)identify areas that should beimmediately designated as closed to alltypes of vehicle use.

Action 2: For those where interimdesignations are implemented and vehicleuse is limited to existing or designatedroads and(or) trails, as opposed toseasonal or other types of administrativelimitations, a plan amendment to designatespecific roads and trails on which vehicleuse is allowed must be initiated within fiveyears of completion of the interimdesignation.

Management Goal IV: Scientific and socialresearch projects that assess the currentrange of available motorized OHV-relatedscientific information.Action 1: The BLM will take a leadership role

in developing new managementtechniques, work with other federalagencies and partners through the StrategyAction Team to identify available researchon motorized OHV management, and tosupport and encourage additional researchas needed.

Action 2: The BLM will sponsor periodicworkshops at the national and state levels,to encourage the production and sharing ofmotorized OHV-related research.

Action 3: New information and data thatrelates to motorized OHV management orimpacts (such as state and nationalprograms to manage water quality or air

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quality, to reduce the spread of noxiousweeds, or to protect cultural resources) willbe shared with field offices and partners.

Management Goal V: Effective implementationof air quality and noise reduction standards asrelated to OHV activities on public lands.Action 1: Work with other agencies and

partners to encourage development andproduction of new and aftermarketmotorized OHV equipment to reduce noiseand emission levels.

Action 2: The BLM will support thedevelopment and application of practicalnoise-measuring techniques and standardsand will encourage and participate in noise-level testing on public lands. The BLM willwork cooperatively with states that haveinstituted laws governing legal noisethresholds.

5. Fees and Funding

The BLM’s motorized OHV-related fundingand staffing have not kept pace with risingrecreational use and the Bureau’s need toimprove motorized OHV management. The BLMmust make better use of existing sources offunding for such management. It also needsnew sources of funding, including revenue fromuser fees, outside funding, and grants to managemotorized OHV use effectively. The publicoffered a number of recommendations forimproving management through the use ofoutside funds.

Management Goal I: Adequate appropriatedfunding to manage off-highway vehicle use onpublic lands based on clearly identified actualcosts and future needs for effective motorizedOHV management, including planning,education, resource protection, andenforcement.Action 1: The BLM will survey field offices

and use existing databases to deter-mine unfunded needs for motorizedOHV management and report findings. These unfunded needs would includestaffing and operations costs, supportservices, administrative personnel,

multi-disciplinary staffs, engineeringand maintenance, as well as increasedfield staff such as technicians, visitorservices, and law enforcement rangers.

Action 2: The BLM will emphasize multipleprogram/subactivity funding needs forimplementation of this Strategy in its annualbudget submissions to Congress.

Management Goal II: Capability to acquireoutside funding and generate user revenue.Action 1: Identify all potential outside funding

sources and share them throughout thesystem. (The “Field Guide” will contain alist of sources, both public and private.)

Action 2: As non-BLM funding sources areidentified, determine those which requirefederal cost-share support and identifyprojects for funding. Seek to minimize theadministrative surcharge associated withcost-sharing partnerships.

Action 3: Using existing recreation challengecost-share authority, the BLM will create amotorized OHV challenge cost-shareprogram to leverage outside partnershipsand funding.

Action 4: Assist BLM field offices in theapplication for and administration of StateOHV grant-funded programs.

Action 5: Encourage and cooperate withStates which may be considering thedevelopment of state OHV grant-fundedprograms such as the California GreenSticker and the State of Idaho gas tax.

Action 6: Assist BLM field offices inpartnering with motorized OHV user groupsin applying for grants, taking advantage ofany opportunities to obtain matchinggrants. Highlight offices that havesuccessfully done this and identify expertsin writing such grant applications.

Action 7: Form new or expand existingpartnerships with recreation equipmentmanufacturers and dealers to obtainadditional funds for on-the-groundmotorized OHV management, education,and interpretation. Encouragemanufacturers to donate equipment andmoney for restoration, signing, and the

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publication of motorized OHV materials, such asmaps, brochures, and outdoor ethic educationmaterials.

Action 8: Encourage States to establishpersonal rescue insurance programs, likethat in Colorado, and encourage motorizedOHV users to participate in these programs(personal rescue insurance poolsreimburse agencies for search-and-rescuecosts). The cost of search and rescue andaccident response diverts critical funds andpersonnel from other responsibilities.

Action 9: Compile a list of successfulmotorized OHV-related fee projects andlessons learned, and include it in the FieldGuide.

Action 10: BLM will identify existingcooperating nonprofit associations thatwork with motorized OHV recreation andinclude this information in the Field Guide.

Action 11: Work with communities toestablish and fund management of areasfor motorized OHV activities that requireintensive management.

6. Inventory and Monitoring

Successful resource management depends ongathering quality data using the best scienceavailable. The BLM defines its land managementresponsibilities through a process that beginswith land management planning and continueswith on-the-ground management. Effectiveplanning and on-the-ground manage-ment arelimited by the quality of relevant inventory andmonitoring data.

Inventory data present a “snapshot” of the statusof resources. Monitoring is the critical factor indetermining cumulative impacts to resources. Areas must be monitored for impacts to theresources in addition to the quantity and type ofuses which are occurring. Analysis andevaluation of monitoring data provides anindication of both change in use and the effectsof that use on the environment. The BLM needsto dedicate sufficient resources to baselineinventory data acquisition and follow-up monitor-ing to be truly successful resource stewards.

Management Goal I: Availability of goodinformation that allows the BLM to makesound resource decisions while providing forrecreational opportunities.Action 1: Determine information needs

related to motorized OHV activity andcoordinate local and national efforts toimprove the overall baseline inventory.

Action 2: Assess and evaluate datacollection technologies.

Action 3: Identify and share successfultechniques for data collection, includingcase studies of innovative projects. (Forexample, aerial or satellite photography orthe use of contractors or volunteers fordata collection and GIS applications.)

Action 4: Coordinate inventory andmonitoring activities with other ongoingprogram activities (such as prescribed fire,scientific research, “rangeland health”implementation, and planning) to share thecosts and labor associated with collectionand use of data.

Management Goal II: Clear and consistentmethodologies, procedures, and techniquesfor monitoring motorized OHV use andimpacts to meet existing resource healthstandards and guidelines. Developmonitoring plans and procedures sufficient todetect and evaluate motorized OHV-relatedimpacts so that management changes canoccur, if needed.Action 1: The Strategy Action Team will

provide national guidelines to be used indeveloping local OHV monitoring plans.

Action 2: Field offices will prepare amonitoring plan which will include the typeof data and amount of funding they need inorder to monitor OHV use and its impact onpublic land resources.Action 3: Copies of the completed

monitoring plans will be forwarded to theOHV Strategy Action Team consistencyreview.

Action 4: The Field Guide will containexamples of successful OHV monitoringplans.

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7. Law Enforcement

Law enforcement needs to be a more visible andeffective tool for motorized OHV management. The public strongly supported an increased lawenforcement presence as an importantcomponent in the motorized OHV managementprogram. Improvements in user education, WSAmonitoring and observation, signing, routemarking, and other Strategy outcomes will assistmotorized OHV law enforcement efforts. But,substantially more law enforcement rangers andsupport resources are needed to ensurecompliance with motorized OHV regulations. Currently, each ranger patrols an average of 1.76million acres of often very remote public land.

Management Goal I: A strengthened rangerworkforce.Action 1: Determine specific law

enforcement needs, including newrangers and resources. Hire additionallaw enforcement rangers and locatepositions, on a priority basis, to fieldoffices with the greatest needs.

Action 2: Strengthen existing or develop newlaw enforcement agreements with stateand local law enforcement agencieswherever feasible.

Management Goal II: Opportunities for greaterpublic involvement in OHV enforcementissues.Action: Explore establishing, wherever

feasible, a system of 1-800 numbers togive citizens a convenient and timelymethod for reporting motorized OHV useconcerns.

8. Penalties and Fines

The public felt the BLM needs to seek moreeffective penalties and fines for motorized OHV-related violations. The Federal Land Policy andManagement Act authorizes maximum fines andimprisonment for violations of its provisions. Under FLPMA, a violation of the BLM’s

motorized OHV regulations can subject theoffender to a $1,000 fine and/or 12 months ofimprisonment. Another federal law (18 U.S.C.3571) authorizes courts to raise the fine level to$100,000. In practice, the courts typicallyassess fines of less than $200 for motorizedOHV-related offenses, which many members ofthe public regard as an insufficient deterrent tosuch violations. The BLM does not haveauthority to change FLPMA’s maximum penaltiesand can only make recommendations to the U.S.District Courts on minimum fines (collateral/bailschedules.)

Management Goal I: Regulations, penalties,and patrolling techniques to make the lawenforcement program more effective.

Action 1: Improve patrolling techniquesby providing additional equipment andtraining to field office personnel and/orcooperating state and local lawenforcement agencies. Patrollingtechniques should reflect the types ofactivities taking place on the publiclands, such as the use of all-terrainvehicles (ATVs), motorcycles, dunebuggies, personal watercraft, andsnowmobiles.

Action 2: Adopt patrol techniques, includingcommunity policing, that will enhancevisitor contact and user compliance.

Action 3: Compare collateral/bail schedulesamong the various U.S. district courts todetermine the range of fines for motorizedOHV-related violations. Based on thefindings, the BLM will request the U.S.District Courts to increase thecollateral/bail schedule amounts whereappropriate.

Action 4: Review, clarify, and revise theexisting motorized OHV regulations. (Seeanalysis and recommend actions under“Regulatory and Program Management (43CFR 8340).”)

Action 5: The BLM will work with adjacentland managers, landowners, and local lawenforcement agencies to develop moreconsistent and coordinated enforcementtechniques on all lands.

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Management Goal II: Increased publicawareness about the BLM’s efforts to enforcecompliance with motorized OHV regulations.Action 1: Prepare an annual law enforce-

ment report that contains summary dataand illustrative examples of BLMenforcement actions related to motorizedOHV management.

Action 2: Issue information periodically thatdescribes noteworthy motorized OHV-related enforcement actions by the BLM. Take advantage of motorized OHV groupnewsletters to disseminate this information.

Action 3: As part of the BLM’s compre-hensive motorized OHV educationprogram, prepare information thatdescribes the legal consequences forviolating motorized OHV regulations.

9. Program Management andRegulatory Guidance (43 CFR 8340)

The BLM’s off-road regulations (43 CFR 8340)need updating in order to meet today’s motorizedOHV management challenges. The existingregulations define vehicles as “Off-RoadVehicles (ORVs)” and the regulatory definitiondoes not include nonmotorized vehicles used offroad or off highway. Without necessaryrevisions to the existing 8340 regulations, theBLM will be hampered in its ability to effectivelyand consistently manage a broad range ofmotorized OHV uses. There is a publicmisunderstanding about the BLM’s policy forORV designations. Concerns have beenexpressed about the need to take into accountvalid existing rights (such as R.S. 2477 rights-of-way, American Indian rights, and inholdings) andto consider the access needs of persons withdisabilities and senior citizens, and for gameretrieval.

Management Goal I: Regulations whichaddress comprehensive vehicle managementas a function of our public land managementresponsibilities.Action: Review and revise the current

regulations (43 CFR 8340) with the intent of

developing comprehensive vehiclemanagement regulations.

Management Goal II: Clearly understoodterminology for limited-use designations formotorized OHV management.Action 1: Develop new terminology that

presents a clear, direct message on signs,maps and brochures.

Action 2: Conduct field testing of alternativelimited-use messages to compare theireffectiveness with existing phrases.

Management Goal III: Consistent methods forevaluating requests for special accessconsiderations or other administrative accesssuch as access for persons with disabilities,necessary tasks such as big game retrieval,and access for permittees.Action: Develop national guidance for

evaluating requests at the field office levelfor special access consideration ornecessary tasks or when preparing landuse plans. This guidance will examine theimplications of granting specialconsiderations, particularly the precedent-setting effect on other users, programs,and agencies.

10. Program Management andRegulatory Guidance (BLMRegulations and ANILCA)

Alaska has identified an apparent conflict inAlaska between the Alaska National InterestLands Conservation Act (ANILCA) regulations in43 CFR 36, dealing with implementation of TitleXI of the of 1980, and 43 CFR 8340, concerningOff-Road Vehicles. The issue involves“subsistence and the use of snowmachines.”

Management Goal: Achieve regulatoryconsistency and identify and resolve theconflicts between ANILCA and 43 CFR8340,as identified by the State of Alaska.Action 1: Propose any revisions needed to

make ANILCA and 43 CFR 8340 consis-tent, as far as they apply to Alaska landuse.

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Action 2: Incorporate recommendedchanges into the proposed revision of 43CFR 8340 (needed for updating definitionsand for other purposes), as described inAction 1, above.

11. Program Management andRegulatory Guidance(Personal Watercraft andSnowmobiles)

A General Accounting Office report (GAO/ CED-00-243) found that a significant number of federalland managers are uncertain of their authority formanaging personal watercraft and snowmobileson public lands and waters. In many areas itappears that this uncertainty has resulted ininadequate management, raising the possibilityof adverse resource impacts from theserecreational activities.

Management Goal: Manage vehicle usesconsistently throughout the BLM and ensurethat all field managers know the specific legalauthority for managing vehicle use on publiclands, particularly use involving personalwatercraft and snowmobiles.Action 1: Provide field managers with a

summary of all existing legal authoritiesunder which vehicle use can be managed. Include, for each authority, the specifictype(s) of vehicle(s) covered.

Action 2: Clarify the relationship betweenpersonal watercraft and the exemptionfrom off-road regulations for “registeredmotor boats” included in E.O. 11644.

12. Recreation Facilities

The BLM recognizes that designated OHVrecreation sites (park areas) play a vital role insatisfying a portion of the recreation experiencefor OHV enthusiasts. The BLM currentlymanages, solely or in partnership with otheragencies, recreation sites designed for adiversity of OHV recreation interests. Theserange from moto-cross tracks, trials areas,novice riding areas, dune riding areas to hill

climbs. Many of these areas also have otherrecreation facilities (such as picnic areas,restrooms, interpretative kiosks) developed aspart of the site.

Management Goal: Provide OHVparks/recreation sites where concentratedOHV recreation activity can occur.Action 1: Where demand exists and land

resources can accommodate OHV use,field offices should provide OHV recreationsites to be used for destination-typefacilities. Funding support andpartnerships should be sought with stateagencies, other federal agencies, privatelandowners, and user groups fordevelopment and maintenance of sites.

Action 2: The BLM should explorepartnerships, Recreation and PublicPurposes Act agreements (with publicsponsors) or concessions as possiblemechanisms for OHV park developmentand management.

Action 3: These sites will be managed toreduce the possibilities for inappropriateactivities on adjacent public lands

13. Road and Trail Design,Maintenance, andRestoration

[Note: Road and trail construction and maintenance inAlaska under Sec. 17(b) of the Alaska Native ClaimsSettlement Act (ANSCA) is not addressed in this Strategy.]

The public has drawn attention to inadequatemaintenance level of many existing roads andtrails. Road and trail design, maintenance, andrestoration techniques need to be improved toenhance resource conditions and visitorexperiences on public lands. Additionally, lack ofmaintenance and poor road conditions createresource impacts, and encourage trailproliferation.

The BLM also needs to improve the technologyfor reclamation of closed motorized OHV routesand for restoration of areas impacted by

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motorized vehicle use. The public has stressedthe need for restoration as the best technique toassure permanent closure of a route. The publicalso expressed the concern that BLM isconstructing many “new motorized OHV roadsand trails.” Except for specific resourcemanagement purposes, the BLM generally doesnot construct new road and trails for off-highwayvehicle use. The BLM often works with the publicto designate or link specific routes to providerecreation opportunities.

Management Goal I: Guidelines for managingand maintaining roads and trails to protectresource values, promote public safety, andimprove public compliance on designatedroutes.Action 1: The BLM will identify an

interdisciplinary team to develop theguidelines. The team will include motorized OHV, recreation, and otherresource specialists and engineers.

Action 2: The “Field Guide” will include routedesign, construction, monitoring,maintenance, and restoration techniques,references, and information..

Management Goal II: A higher priority formotorized OHV trail maintenance. Action 1: Improve documentation of deferred

maintenance needs as determined byresource concerns and use levels.

Action 2: Participate in the ongoing effort todesign a system of maintenancecategories for roads and trails as part ofthe BLM transportation planning re-engineering effort.

Action 3: During the road and traildesignation process, determinemaintenance categories for existing roadsand trails. Propose changes tomaintenance categories if the desireddesignation and use of a particular road ortrail will affect its maintenance level.

Action 4: To the extent possible with otherpriorities, the BLM will record existing roadsand trails in Facility Inventory andMaintenance Management System

(FIMMS) and will collect visitor use data inRecreation Management InformationSystem (RMIS) and link the two systems.

14. Signs, Maps, and OtherPublic Information

Off-highway vehicle users are often confusedabout the appropriate use of their vehicles onpublic lands because of inadequate signs (bothinformational and regulatory), maps, brochures,and interpretive products. This confusion leadsto conflicts among users, degradation ofresources, and increased risks to public healthand safety. However, excellent outreachproducts and efforts exists throughout the BLM. These include innovative techniques of mapping,Internet-posted information, outstanding publiccontact, cooperative efforts with other agencies,and the effective use of volunteers.

Management Goal I: Higher quality andeffective distribution of motorized OHV visitorservices information.Action 1: The BLM state or regional

motorized OHV leads will evaluate theexisting maps with the assistance of theNational Science and TechnologyCenter. Determine mappingdeficiencies and inconsistencies.

Action 2: The BLM will develop maps thatmeet the needs of the public landmotorized OHV user to enhance theopportunity for safe and enjoyable visits,and to protect resource values.

Action 3: Develop standardized formats andsymbols for maps and other OHVpublications for public and field office use.

Action 4: Encourage field offices to enlistuser groups and volunteers to help carryout Geographic Information System andGlobal Positioning System mapping, roadand trail inventories, and other mapping-related work.

Action 5: Fund updated and revisedmotorized OHV maps as a priority item inthe motorized OHV strategyimplementation.

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Action 6: Consider development of a nationaltrail difficulty rating system for selectedroutes.

Action 7: Create websites that featuremotorized OHV bulletin board-typeinformation and provide links to othermotorized OHV-related sites. This websitewill include downloadable motorized OHVmapping capabilities for at-home tripplanning.

Action 8: Provide motorized OHV user mapsin a digital format available on CD ROM orthe Internet as the information becomesavailable.

Management Goal II: Easily-understood visitoruse informational, interpretive, and regulatorysigns that are sufficient to meet motorizedOHV user needs, enhance the opportunity forsafe and enjoyable visits, and protectresource values.Action 1: Review existing guidance and

participate in the improvement of ordevelopment of a BLM sign manual andhandbook.

Action 2: State and field offices will work withother federal and state agencies to improveconsistency in sign format and wording.

Action 3: The Field Guide will provideexamples of interpretive media, such askiosks, bulletin boards, and signs.

15. Volunteers

The public is very supportive of the use ofvolunteers in the motorized OHV program. Volunteering helps to instill a sense of ownershipand pride within the motorized OHV communityand promotes responsible motorized OHV use. The BLM recognizes that volunteers are anexcellent resource to help in the education of thepublic, in trail design and maintenance, and inmonitoring and patrolling for resource protection. However, to have a successful volunteerprogram requires a serious and continuouscommitment by BLM employees andmanagement.

Management Goal I: An expanded BLM fieldpresence through a more effective use ofvolunteers, organized groups, and the generalpublic.Action 1: Enhance opportunities for citizen

involvement in motorized OHVmanagement issues by working directlywith the public, user groups, andpartnership organizations such as theNational Off-Highway Vehicle ConservationCouncil. Encourage volunteer participationfrom within the environmental community

Action 2: Raise the profile of the BLM’s fieldpersonnel and volunteers through therequired use of the BLM uniform and bystaffing on weekends and holidays and atspecial events.

Action 3: Enlist volunteers to assist in visitorcontact and monitoring of motorized OHVuse on the public lands.

Action 4: Enhance opportunities for citizeninvolvement in trail design, construction,and maintenance.

Action 5: Expand BLM’s outreach forvolunteers to a broader public including theenvironmental community, youth groups,and nonaffiliated users.

Action 6: Include examples of successfulvolunteer programs and training, andexisting volunteer job descriptions in theField Guide.

16. Wilderness Study Areas(General and IMP)

Public concern for the protection of wildernessvalues in WSAs was one of the majorconsiderations for undertaking this Strategy. Without the completion of formal motorized OHVdesignations through the land-use planningprocess, the BLM cannot effectively carry out orenforce the motorized OHV policies contained inthe Interim Management Policy for Lands UnderWilderness Review [IMP]. The IMP includesguidance for the management of motorizedOHVs in WSAs. The IMP needs to be clarifiedfor the public and reinforced for field office staffs.

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Management Goal I: Wilderness values inWSAs protected under the IMP, until suchtime as Congress designates themwilderness or releases them from furtherstudy.Action 1: As authorized under the IMP and

using the procedures prescribed underE.O. 11644, BLM State Directors willpublish a Federal Register notice within90 days of public release of thisStrategy, announcing the immediateclosure of all WSA’s to cross-countryvehicle travel except for travel on (1)trails and ways identified, mapped, orknown to exist during the BLM’swilderness inventory process and (2)sand dunes or snow areas designatedas open to use by the appropriate sandor snow vehicles, along with theexemptions identified in E.O. 11644 asamended by E.O.11989. For stateswhere closures are already in place, noaction would be required.

Action 2: Within 60 days of the publication ofthe Federal Register Notice, each StateDirector will develop a map for the public,showing which cross-country closuredesignations represent a change in status.

Action 3: Within 180 days of publishing theFederal Register notice, each state directorwill post the changed status designationsat key boundary locations and entry points. Subsequently, field offices will update thesigning of boundaries, access points, andexisting trails and ways, and publicizeclosures as appropriate and whenreasonably practical.

Action 4: Field offices managing WSA’s willreview current management to assurecompliance with the IMP. This review will,to the extent possible, include a review ofmotorized activity within the area, andassure that all motorized travel is limited tothe exclusions listed in the IMP.

Management Goal II: Clarify the BLM’s WSAInterim Management Policy as it applies toOHV management.Action 1: The motorized OHV Strategy Action

Team will develop criteria for managing“ways” and trails within WSAs. Thisguidance should specify techniques,

methodology, and documentationnecessary to assure consistency whenevaluating compliance with thenonimpairment criteria.

Action 2: Within 90 days of public release ofthis Strategy, the Washington Office willissue an internal directive that reaffirms theneed for BLM staff to be familiar with theIMP’s “Motor Vehicles, Aircraft andMechanical Transport” managementprovisions.

Action 3: Develop public outreach materialsabout the BLM’s Wilderness Study Areasand Interim Management Policy.

17. Wilderness Study Areas(Monitoring, Observation,and Management)

The BLM’s monitoring and surveillance of WSAsshould be improved to prevent impairment ofwilderness values.

Management Goal: More effective monitoringand management of motorized OHV activitiesin WSA’s.Action 1: Increase field office staffing and

funding for monitoring and managingmotorized OHV use and impacts withinWSAs in accordance with monitoring andsurveillance plans.

Action 2: Improve compliance with OHVclosures and restrictions within wildernessstudy areas and designated wildernessthrough enhanced enforcement (see LawEnforcement section).

Action 3: Enlist all field staff and partners toassist in monitoring WSAs.

Action 4: Develop a model format fordocumenting monitoring and surveillancefor use by BLM field offices, which willadapt to meet local needs. Include thisformat as a component of the BLM’straining course for WSA management.

Action 5: The field offices will use the modelformat as a guide to review their WSAmonitoring and surveillance plans. Thepurpose of this review is to ensure thatlocal plans include effective criteria toidentify and report motorized OHV impactson wilderness characteristics.

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GLOSSARY

air quality. Refers to standards for variousclasses of land as designated by the Clean AirAct, P.L. 88-206: Jan. 1978.

all-terrain vehicle (ATV). A wheeled or trackedvehicle, other than a snowmobile or work vehicle,designed primarily for recreational use or for thetransportation of property or equipmentexclusively on undeveloped road rights of way,marshland, open country or other unpreparedsurfaces.

best management practices (BMP). A suite oftechniques that guide, or may be applied to,management actions to aid in achieving desiredoutcomes. Best management practices areoften developed in conjunction with land useplans, but they are not considered a land useplan decision unless the land use plan specifiesthat they are mandatory. They may be up-datedor modified without a plan amendment if they arenot mandatory.

closed road. A road or segment which is restrictedfrom certain types of use during certain seasons of theyear. The prohibited use and the time period of closuremust be specified.

closed. Designated areas and trails where theuse of off-road vehicles is permanently ortemporarily prohibited. The use of off-roadvehicles in closed areas may be allowed forcertain reasons; however, such use shall bemade only with the approval of the authorizedofficer.

Code of Federal Regulations (CFR). Theofficial, legal tabulation or regulations directingfederal government activities.

cultural resources. The physical remains ofhuman activity (such as artifacts, ruins, burialmounds, petroglyphs) having scientific,prehistoric, or social values.

designated roads and trails. Specific roadsand trails identified by the agencies where some

type of motorized vehicle use is appropriate andallowed either seasonally or year-long.

environmental impact statement (EIS). Adetailed statement prepared by the responsibleofficial in which a major Federal action whichsignificantly affects the quality of the humanenvironment is described, alternatives to theproposed action provided, and effects analyzed.

Federal Land Policy and Management Act of1976 (FLPMA): Public Law 94-579, October 21,1976, often referred to as the BLM’s “OrganicAct,” which provides the majority of the BLM’slegislated authority, direction policy and basicmanagement guidance.

Federal Register. A daily publication whichreports Presidential and Federal Agencydocuments.

geographic information system (GIS): acomputer system capable of storing, analyzing,and displaying data and describing places on theearth’s surface.

goal: A broad statement of a desired outcome. Goals are usually not quantifiable and may nothave established time frames for achievement.

guidelines: actions or management practicesthat may be used to achieve desired outcomes.

impacts (or effects). Environmentalconsequences (the scientific and analytical basisfor comparison of alternatives) as a result of aproposed action. Effects may be either direct,which are caused by the action and occur at thesame time and place, or indirect, which arecaused by the action and are later in time orfarther removed in distance, but are stillreasonably foreseeable, or cumulative.

implementation plan. A site-specific planwritten to implement decisions made in a landuse plan. An implementation plan usually selectsand applies BMPs to meet land use plan

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objectives. Implementation plans aresynonymous with “activity” plans. Example ofimplementation plans include interdisciplinarymanagement plans, habitat management plans,and allotment management plans.

interdisciplinary team. A group of resourceprofessional with different expertise thatcollaborate to develop and evaluate resourcemanagement decisions.

land use plan. A set of decisions that establishmanagement direction for land within anadministrative areas, as prescribed under theplanning provisions of FLPMA, an assimilation ofland-us-plan-level decisions developed throughthe planning process outlined in 43 CFR 1600,regardless of the scale at which the decisionswere developed.

limited. Designated areas and trails where theuse of off-road vehicles is subject to restrictions,such as limiting the number or types or vehiclesallowed, dates and times of use (seasonalrestrictions), limiting use to existing roads andtrails, or limiting use to designated roads andtrails. Under the designated roads and trailsdesignation, use would be allowed only on roadsand trails that are signed for use. Combinationsof restrictions are possible, such as limiting useto certain types of vehicles during certain timesof the year.

limited. An area restricted at certain times, incertain areas, and(or) to certain vehicular use. These restrictions may be of any type, but cangenerally be accommodated within the followingtype of categories: Numbers of vehicles; typesof vehicles; time or season of vehicle use;permitted or licensed use only; use on existingroads and trails; use on designated roads andtrails; and other restrictions.

mitigation. Actions to avoid, minimize, reduce,eliminate, replace, or rectify the impact of amanagement practice.

National Environmental Policy Act (NEPA). An Act which encourages productive andenjoyable harmony between man and hisenvironment; promotes efforts to prevent or

eliminate damage to the environment andbiosphere and stimulate the health and welfare ofman; enriches the understanding of theecological systems and natural re-sourcesimportant to the Nation; and establishes aCouncil on Environmental Quality.

noxious weeds. A plant species designated byFederal or State law as generally possessingone or more of the following characteristics:aggressive and difficult to manage; parasitic; acarrier or host of serious insects or disease; ornonnative, new, or not common to the UnitedStates. According to the Federal Noxious WeedAct (PL 93-639), a noxious weed is one thatcauses disease or has other adverse effects onpeople or their environment and therefore isdetrimental to the agriculture and commerce ofthe United States and to the public health.

off-highway vehicle (off-road vehicle): anymotorized vehicle capable of, or designed for,travel on or immediately over land, water, orother natural terrain, excluding: (1) Anynonamphibious registered motorboat; (2) Anymilitary, fire, emergency, or law enforcementvehicle while being used for emergencypurposes; (3) Any vehicle whose use isexpressly authorized by the authorized officer, orotherwise officially approved; (4) Vehicles inofficial use; and (5) Any combat or combatsupport vehicle when used in times of nationaldefense emergencies.

off-road vehicle designations. Open:Designated areas and trails where off-roadvehicles may be operated, subject to operatingregulations and vehicle standards set forth inBLM Manuals 8341 and 8343; or an area whereall types of vehicle use is permitted at all times,subject to the standards in BLM Manuals 8341and 8343.

official use. Use by an employee, agent, ordesignated representative of the FederalGovernment or one of its contractors, in thecourse of his employment, agency, orrepresentation.

open. Designated areas and trails where off-road vehicles may be operated, subject to

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operating regulations and vehicle standards setforth in BLM Manuals 8341 and 8343; or an areawhere all types of vehicle use is permitted at alltimes, subject to the standards in BLM Manuals8341 and 8343.

plan amendment: The process for consideringor making changes in the terms, conditions, anddecision of approved resource managementplans or management framework plans using theprescribed provisions for resource managementplanning appropriate to the proposed action orcircumstances. Usually only one or two issuesare considered that involve only a portion off theplanning areas.

public lands or BLM-administered lands. Anyland and interest in land (outside of Alaska)owned by the United States and administered bythe Secretary of the Interior through the Bureauof Land Management.

resource management plan. A BLM planningdocument, prepared in accordance with Section202 of the Federal Land Policy and ManagementAct, that presents systematic guidelines formaking resource management decisions for aplanning area. An RMP is based on an analysis

Resource Advisory Council (RAC): a councilestablished by the Secretary of the Interior toprovide advice or recommendations to BLMmanagement. In some states, provincialadvisory councils (PACs) are functionalequivalents of RACs.

roadless areas: A USDA, Forest Servicedesignation. The USDI, BLM does not haveroadless areas.

stakeholders: In this document, a person,group, or organization having a particular interestin motorized OHV use on public lands.

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APPENDIX 1

EXCERPTS FROM

EXECUTIVE ORDER 11644

(as amended by Executive Order 11989)

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Appendix 1

EXECUTIVE ORDER NO. 11644< Feb. 8, 1972, 37 F.R. 2877, as amended by Ex. Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617 >

USE OF OFF-ROAD VEHICLES ON PUBLICLANDS

An estimated 5 million off-road recreationalvehicles--motorcycles, minibikes, trail bikes,snowmobiles, dune buggies, all-terrain vehicles,and others--are in use in the United States today,and their popularity continues to increase rapidly. The widespread use of such vehicles on thepublic lands--often for legitimate purposes butalso in frequent conflict with wise land andresource management practices, environmentalvalues, and other types of recreationalactivity--has demonstrated the need for a unifiedFederal policy toward the use of such vehicleson the public lands.

Now, Therefore, by virtue of the authorityvested in me as President of the United Statesby the Constitution of the United States and infurtherance of the purpose and policy of theNational Environmental Policy Act of 1969 (42U.S.C. 4321) [this chapter], it is hereby orderedas follows:

Section 1. Purpose. It is the purpose of thisorder to establish policies and provide forprocedures that will ensure that the use ofoff-road vehicles on public lands will becontrolled and directed so as to protect theresources of those lands, to promote the safetyof all users of those lands, and to minimizeconflicts among the various uses of those lands.

Sec. 2. Definitions. As used in this order, theterm:

(1) "public lands" means (A) all lands underthe custody and control of the Secretary of theInterior and the Secretary of Agriculture, exceptIndian lands, (B) lands under the custody andcontrol of the Tennessee Valley Authority that are

situated in western Kentucky and Tennesseeand are designated as "Land Between theLakes," and (C) lands under the custody andcontrol of the Secretary of Defense;

(2) "respective agency head" means theSecretary of the Interior, the Secretary ofDefense, the Secretary of Agriculture, and theBoard of Directors of the Tennessee ValleyAuthority, with respect to public lands under thecustody and control of each;

(3) "off-road vehicle" means any motorizedvehicle designed for or capable of cross-countrytravel on or immediately over land, water, sand,snow, ice, marsh, swampland, or other naturalterrain; except that such term excludes (A) anyregistered motorboat, (B) any fire, military,emergency or law enforcement vehicle whenused for emergency purposes, and any combator combat support vehicle when used for nationaldefense purposes, and (C) any vehicle whoseuse is expressly authorized by the respectiveagency head under a permit, lease, license, orcontract; and

(4) "official use" means use by an employee,agent, or designated representative of theFederal Government or one of its contractors inthe course of his employment, agency, orrepresentation.

Sec. 3. Zones of use. (a) Each respectiveagency head shall develop and issue regulationsand administrative instructions, within six monthsof the date of this order, to provide foradministrative designation of the specific areasand trails on public lands on which the use ofoff-road vehicles may be permitted, and areas inwhich the use of off-road vehicles may not bepermitted, and set a date by which suchdesignation of all public lands shall be

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completed. Those regulations shall direct thatthe designation of such areas and trails will bebased upon the protection of the resources of thepublic lands, promotion of the safety of all usersof those lands, and minimization of conflictsamong the various uses of those lands. Theregulations shall further require that thedesignation of such areas and trails shall be inaccordance with the following—

(1) Areas and trails shall be located tominimize damage to soil, watershed, vegetation,or other resources of the public lands.

(2) Areas and trails shall be located tominimize harassment of wildlife or significantdisruption of wildlife habitats.

(3) Areas and trails shall be located tominimize conflicts between off-road vehicle useand other existing or proposed recreational usesof the same or neighboring public lands, and toensure the compatibility of such uses withexisting conditions in populated areas, taking intoaccount noise and other factors.

(4) Areas and trails shall not be located inofficially designated Wilderness Areas orPrimitive Areas. Areas and trails shall be locatedin areas of the National Park system, NaturalAreas, or National Wildlife Refuges and GameRanges only if the respective agency headdetermines that off-road vehicle use in suchlocations will not adversely affect their natural,aesthetic, or scenic values.

(b) The respective agency head shall ensureadequate opportunity for public participation inthe promulgation of such regulations and in thedesignation of areas and trails under this section.

(c) The limitations on off-road vehicle useimposed under this section shall not apply toofficial use.

Sec. 4. Operating conditions. Eachrespective agency head shall develop andpublish, within one year of the date of this order,regulations prescribing operating conditions foroff-road vehicles on the public lands. Theseregulations shall be directed at protecting

resource values, preserving public health, safety,and welfare, and minimizing use conflicts.

Sec. 5. Public information. The respectiveagency head shall ensure that areas and trailswhere off-road vehicle use is permitted are wellmarked and shall provide for the publication anddistribution of information, including maps,describing such areas and trails and explainingthe conditions on vehicle use. He shall seekcooperation of relevant State agencies in thedissemination of this information.

Sec. 6. Enforcement. The respectiveagency head shall, where authorized by law,prescribe appropriate penalties for violation ofregulations adopted pursuant to this order, andshall establish procedures for the enforcement ofthose regulations. To the extent permitted bylaw, he may enter into agreements with State orlocal governmental agencies for cooperativeenforcement of laws and regulations relating tooff-road vehicle use.

Sec. 7. Consultation. Before issuing theregulations or administrative instructions requiredby this order or designating areas or trails asrequired by this order and those regulations andadministrative instructions, the Secretary of theInterior shall, as appropriate, consult with theSecretary of Energy and the Nuclear RegulatoryCommission.

Sec. 8. Monitoring of effects and review. (a)The respective agency head shall monitor theeffects of the use of off-road vehicles on landsunder their jurisdictions. On the basis of theinformation gathered, they shall from time to timeamend or rescind designations of areas or otheractions taken pursuant to this order asnecessary to further the policy of this order.

(b) The Council on Environmental Qualityshall maintain a continuing review of theimplementation of this order.

Sec. 9. Special protection of the public lands. (a) Notwithstanding the provisions of Section 3 ofthis Order, the respective agency head shall,whenever he determines that the use of off-roadvehicles will cause or is causing considerable

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adverse effects on the soil, vegetation, wildlife,wildlife habitat or cultural or historic resources ofparticular areas or trails of the public lands,immediately close such areas or trails to the typeof off-road vehicle causing such effects, untilsuch time as he determines that such adverseeffects have been eliminated and that measureshave been implemented to prevent futurerecurrence.

(b) Each respective agency head isauthorized to adopt the policy that portions of the

public lands within his jurisdiction shall be closedto use by off-road vehicles except those areas ortrails which are suitable and specificallydesignated as open to such use pursuant toSection 3 of this Order.

RICHARD NIXON

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APPENDIX 2

EXCERPTS FROM

THECODE OF FEDERAL REGULATIONS

TITLE 43PART 8340

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Appendix 2

CODE OF FEDERAL REGULATIONSTITLE 43--PUBLIC LANDS: INTERIOR

PART 8340--OFF-ROAD VEHICLES

Subpart 8340 – General

Sec.8340.0-1 Purpose.8340.0-2 Objectives.8340.0-3 Authority.8340.0-5 Definitions.8340.0-7 Penalties.8340.0-8 Applicability.

Subpart 8341 – Conditions of Use

8341.1 Regulations governing use.8341.2 Special rules.

Subpart 8342 – Designation of Areas and Trails

8342.1 Designation criteria.8342.2 Designation procedures.8342.3 Designation changes.

Subpart 8343 – Vehicle Operations

8343.1 Standards.

Subpart 8344 – Permits

8344.1 Permit requirements.

AUTHORITY: 43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et seq., 16 U.S.C. 1281c,16 U.S.C. 670 et seq., 16 U.S.C. 460l-6a, 16U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.

SOURCE: 44 FR 34836, June 15, 1979,unless otherwise noted.

SUBPART 8340--GENERAL

§ 8340.0-1 Purpose.

The purpose of this part is to establish criteriafor designating public lands as open, limited or

closed to the use of off-road vehicles and forestablishing controls governing the use andoperation of off-road vehicles in such areas.

§ 8340.0-2 Objectives.

The objectives of these regulations are toprotect the resources of the public lands, topromote the safety of all users of those lands,and to minimize conflicts among the varioususes of those lands.

§ 8340.0-3 Authority.

The provisions of this part are issued underthe Federal Land Policy and Management Act of1976 (43 U.S.C. 1701 et seq.); the TaylorGrazing Act ( 43 U.S.C. 315a); the EndangeredSpecies Act (16 U.S.C. 1531 et seq.); the Wildand Scenic Rivers Act (16 U.S.C. 1281c); theAct of September 15, 1960, as amended (16U.S.C. 670 et seq.); the Land and WaterConservation Fund Act (16 U.S.C. 460l-6a); theNational Trails System Act (16 U.S.C. 1241 etseq.) and EO 11644 (Use of Off-Road Vehicleson the Public Lands), 37 FR 2877, 3 CFR 74,332, as amended by EO 11989 42 FR 26959(May 25, 1977).

§ 8340.0-5 Definitions.

As used in this part:(a) "Off-Road Vehicle" means any motorized

vehicle capable of, or designed for, travel on orimmediately over land, water, or other naturalterrain, excluding: (1) Any nonamphibiousregistered motorboat; (2) any military, fire,emergency, or law enforcement vehicle whilebeing used for emergency purposes; (3) anyvehicle whose use is expressly authorized by theauthorized officer, or otherwise officiallyapproved; (4) Vehicles in official use; and (5) anycombat or combat support vehicle when used intimes of national defense emergencies.

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(b) "Public Lands" means any lands thesurface of which is administered by the Bureauof Land Management.

(c) "Bureau" means the Bureau of LandManagement.

(d) "Official Use" means use by anemployee, agent, or designated representativeof the Federal Government or one of itscontractors, in the course of his employment,agency, or representation.

(e) "Planning System" means the approachprovided in Bureau regulations, directives andmanuals to formulate multiple use plans for thepublic lands. This approach provides for publicparticipation within the system.

(f) "Open area" means an area where alltypes of vehicle use is permitted at all times,anywhere in the area subject to the operatingregulations and vehicle standards set forth inSubparts 8341 and 8342 of this title.

(g) "Limited area" means an area restrictedat certain times, in certain areas, and/or tocertain vehicular use. These restrictions maybe of any type, but can generally beaccommodated within the following type ofcategories: Numbers of vehicles; types ofvehicles; time or season of vehicle use;permitted or licensed use only; use on existingroads and trails; use on designated roads andtrails; and other restrictions.

(h) "Closed area" means an area whereoff-road vehicle use is prohibited. Use ofoff-road vehicles in closed areas may beallowed for certain reasons; however, such useshall be made only with the approval of theauthorized officer.

(i) "Spark Arrester" is any device which trapsor destroys 80 percent or more of the exhaustparticles to which it is subjected.

[53 FR 31003, Aug. 17, 1988]

§ 8340.0-7 Penalties.

Any person who violates or fails to complywith the regulations of Subparts 8341 and 8343is subject to arrest, conviction, and punishmentpursuant to appropriate laws and regulations. Such punishment may be a fine of not morethan $1,000 or imprisonment for not longerthan 12 months, or both.

§ 8340.0-8 Applicability.

The regulations in this part apply to all publiclands, roads, and trails under administration ofthe Bureau.

SUBPART 8341--CONDITIONS OF USE

§ 8341.1 Regulations governing use.

(a) The operation of off-road vehicles ispermitted on those areas and trails designatedas open to off-road vehicle use.

(b) Any person operating an off-road vehicleon those areas and trails designated as limitedshall conform to all terms and conditions of theapplicable designation orders.

(c) The operation of off-road vehicles isprohibited on those areas and trails closed tooff-road vehicle use.

(d) It is prohibited to operate an off-roadvehicle in violation of State laws andregulations relating to use, standards,registration, operation, and inspection ofoff-road vehicles. To the extent that State lawsand regulations do not exist or are lessstringent than the regulations in this part, theregulations in this part are minimum standardsand are controlling.

(e) No person may operate an off-roadvehicle on public lands without a valid Stateoperator's license or learner's permit whererequired by State or Federal law.

(f) No person shall operate an off-roadvehicle on public lands:

(1) In a reckless, careless, or negligentmanner;

(2) In excess of established speed limits;(3) While under the influence of alcohol,

narcotics, or dangerous drugs;(4) In a manner causing, or likely to cause

significant, undue damage to or disturbanceof the soil, wildlife, wildlife habitat,improvements, cultural, or vegetativeresources or other authorized uses of thepublic lands; and

(5) During night hours, from a half-hourafter sunset to a half-hour before sunrise,without lighted headlights and taillights.(g) Drivers of off-road vehicles shall yield the

right-of-way to pedestrians, saddle horses,pack trains, and animal-drawn vehicles.

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(h) Any person who operates an off-roadvehicle on public lands must comply with theregulations in this part, and in § 8341.2 asapplicable, while operating such vehicle onpublic lands.

[44 FR 34836, June 15, 1979, as amended at45 FR 47843, July 17, 1980]

§ 8341.2 Special rules.

(a) Notwithstanding the consultationprovisions in § 8342.2(a), where the authorizedofficer determines that off-road vehicles arecausing or will cause considerable adverseeffects upon soil, vegetation, wildlife, wildlifehabitat, cultural resources, historicalresources, threatened or endangered species,wilderness suitability, other authorized uses, orother resources, the authorized officer shallimmediately close the areas affected to thetype(s) of vehicle causing the adverse effectuntil the adverse effects are eliminated andmeasures implemented to prevent recurrence. Such closures will not prevent designation inaccordance with procedures in Subpart 8342of this part, but these lands shall not be openedto the type(s) of off-road vehicle to which it wasclosed unless the authorized officerdetermines that the adverse effects have beeneliminated and measures implemented toprevent recurrence.

(b) Each State director is authorized to closeportions of the public lands to use by off-roadvehicles, except those areas or trails which aresuitable and specifically designated as open tosuch use pursuant to Subpart 8342 of this part.

[53 FR 31003, Aug. 17, 1988]

SUBPART 8342--DESIGNATION OF AREASAND TRAILS

§ 8342.1 Designation criteria.

The authorized officer shall designate allpublic lands as either open, limited, or closedto off-road vehicles. All designations shall bebased on the protection of the resources of thepublic lands, the promotion of the safety of allthe users of the public lands, and theminimization of conflicts among various uses

of the public lands; and in accordance with thefollowing criteria:

(a) Areas and trails shall be located tominimize damage to soil, watershed,vegetation, air, or other resources of the publiclands, and to prevent impairment of wildernesssuitability.

(b) Areas and trails shall be located tominimize harassment of wildlife or significantdisruption of wildlife habitats. Special attentionwill be given to protect endangered orthreatened species and their habitats.

(c) Areas and trails shall be located tominimize conflicts between off-road vehicleuse and other existing or proposed recreationaluses of the same or neighboring public lands,and to ensure the compatibility of such useswith existing conditions in populated areas,taking into account noise and other factors.

(d) Areas and trails shall not be located inofficially designated wilderness areas orprimitive areas. Areas and trails shall be located in natural areas only if the authorizedofficer determines that off-road vehicle use insuch locations will not adversely affect theirnatural, esthetic, scenic, or other values forwhich such areas are established.

§ 8342.2 Designation procedures.

(a) Public participation. The designation andredesignation of trails is accomplished throughthe resource management planning processdescribed in Part 1600 of this Title. Currentand potential impacts of specific vehicle typeson all resources and uses in the planning areashall be considered in the process of preparingresource management plans, plan revisions, orplan amendments. Prior to makingdesignations or redesignations, the authorizedofficer shall consult with interested usergroups, Federal, State, county and localagencies, local landowners, and other partiesin a manner that provides an opportunity for thepublic to express itself and have its views givenconsideration.

(b) Designation. The approval of a resourcemanagement plan, plan revision, or planamendment constitutes formal designation ofoff-road vehicle use areas. Public notice ofdesignation or redesignation shall be providedthrough the publication of the notice required by§ 1610.5-1(b) of this Title. Copies of such

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notice shall be available to the public in localBureau offices.

(c) Identification of designated areas andtrails. The authorized officer shall, afterdesignation, take action by marking and otherappropriate measures to identify designatedareas and trails so that the public will be awareof locations and limitations applicable thereto. The authorized officer shall make appropriateinformational material, including maps,available for public review.

[53 FR 31003, Aug. 17, 1988]

§ 8342.3 Designation changes.

Monitoring use. The authorized officer shallmonitor effects of the use of off-road vehicles. On the basis of information so obtained, andwhenever the authorized officer deems itnecessary to carry out the objectives of thispart, designations may be amended, revised,revoked, or other actions taken pursuant to theregulations in this part.

SUBPART 8343--VEHICLE OPERATIONS

§ 8343.1 Standards.

(a) No off-road vehicle may be operated onpublic lands unless equipped with brakes ingood working condition.

(b) No off-road vehicle equipped with amuffler cutout, bypass, or similar device, orproducing excessive noise exceedingEnvironmental Protection Agency standards,when established, may be operated on publiclands.

(c) By posting appropriate signs or bymarking a map which shall be available forpublic inspection at local Bureau offices, theauthorized officer may indicate those publiclands upon which no off-road vehicle may beoperated unless equipped with a properlyinstalled spark arrester. The spark arrestermust meet either the U.S. Department ofAgriculture--Forest Service Standard 5100-1a,

or the 80-percent efficiency level standardwhen determined by the appropriate Society ofAutomotive Engineers (SAE) RecommendedPractices J335 or J350. These standardsinclude, among others, the requirements that:(1) The spark arrester shall have an efficiencyto retain or destroy at least 80 percent ofcarbon particles for all flow rates, and (2) thespark arrester has been warranted by itsmanufacturer as meeting this efficiencyrequirement for at least 1,000 hours subject tonormal use, with maintenance and mounting inaccordance with the manufacturer'srecommendation. A spark arrester is notrequired when an off-road vehicle is beingoperated in an area which has 3 or moreinches of snow on the ground.

(d) Vehicles operating during night hours,from a half-hour after sunset to a half-hourbefore sunrise, shall comply with the following:

(1) Headlights shall be of sufficient power toilluminate an object at 300 feet at night undernormal, clear atmospheric conditions. Two-or three-wheeled vehicles or single-trackedvehicles will have a minimum of oneheadlight. Vehicles having four or morewheels or more than a single track will have aminimum of two headlights, except doubletracked snowmachines with a maximumcapacity of two people may have only oneheadlight.

(2) Red taillights, capable of being seen ata distance of 500 feet from the rear at nightunder normal, clear atmospheric conditions,are required on vehicles in the samenumbers as headlights.

SUBPART 8344--PERMITS

§ 8344.1 Permit requirements.

Permits are required for certain types of ORVuse and shall be issued in accordance with thespecial recreation permit procedures underSubpart 8372 of this chapter.

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APPENDIX 3

PUBLIC

PARTICIPATION

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Appendix 3

PUBLIC PARTICIPATION

The BLM incorporated a substantial level ofpublic involvement during the preparation ofthis strategy. Recognizing the intense intereston the part of the public concerning OHVmanagement, as well as the high level of publicconcern over interrelated issues of publicaccess and transportation management ingeneral on the public lands, the BLM providedextensive opportunity for public involvementand comment in the development of thestrategy. The agency integrated a number ofoutreach efforts including mailing ofinformational materials and questionnaires,conducting 49 “listening” workshops across thecountry and provided several opportunities forthe public to comment during the preparation ofthe document. This collaborative publicprocess was designed to solicit substantiveinput from an informed and involved public. The BLM also recognized the important role theinterested public will play in implementing thestrategy. The continued participation of thepublic, especially organized groups andorganizations, will be integral for successfulimplementation of a comprehensivestrategy–their partnership, cooperation andsupport will be critical to implementing effectiveon-the-ground OHV management solutions.

The public was invited to review, and providecomment and additional suggestions on thedraft strategy. We were pleased with theresponse and level of interest from the public. More than 14,000 comments were received onthe draft document. Pertinent suggestionswere analyzed to determine whether changeswere necessary in the draft strategy. Thefollowing is a brief summary of the key issuesraised through public comments that resultedin changes made to the strategy.

Comments were generally supportive of amajority of the recommended action items, specifically those dealing with easements,

acquisitions, fees, funding, law enforcement,and road and trail design, maintenance andrestoration. Nonetheless, there werecomments which requested revisions. Many ofthe comments provided suggestions on how toimprove or change the portions of the strategy,specifically in the areas of nonmotorizedvehicles (particularly mountain biking),heightened agency priority for motorized OHVmanagement, volunteers and user education,management of Wilderness Study Areas, andenvironmental considerations.

There also seemed to be some confusion onthe purpose and scope of the strategy. Thestrategy is intended to be a comprehensiveapproach or vison on how best to develop andmanage an adaptive and effective motorizedOHV program. Many comments were receivedthat encouraged the BLM to expand thestrategy to address a multitude of otherimportant but separate issues related totransportation system management, publicaccess, wilderness management, and others. The strategy’s goals were edited to be morefocused and specific to motorized vehiclemanagement. Action items were also modifiedto be more explicit and measurable. Severalsections were combined and others wereseparated under a new headings based oncomments received to improve the document’sflow and clarity.

NONMOTORIZED VEHICLES(MOUNTAIN BIKES)

Many readers assumed that the strategyintended to treat nonmotorized activities suchas mountain biking the same as motorizedvehicles—this was not the intention. Therewere many comment recommendations whichrequested that mountain bikes be removedfrom the strategy entirely, while others thoughtit was appropriate that mountain biking be

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included in any guiding document dealing withvehicle transportation and access issues. Comments also pointed out that the mountainbike community and other nonmotorizedinterests were not fully involved in thedevelopment of the strategy from thebeginning. As a result, a principal change wasmade that recommends the BLM develop aseparate strategy to address the specificrequirements and activities of associated withnonmotorized vehicles. The BLM recognizesthat nonmotorized activities have uniquemanagement considerations requiring anddeserving of a distinct approach.

IMPROVED COORDINATION ANDHEIGHTENED AGENCYPRIORITIZATION OF MOTORIZED OHVMANAGEMENT

The public reinforced the need for continuedpublic input, participation and improvedcommunication, particularly at the local level. Involvement of the affected local communitieswill ensure success in managing recreation onpublic lands, providing better trail recreationalexperiences with an environmentallyresponsible emphasis. The public stronglysupported the identification of an BLM OHVcoordinator at the state or regional level andother actions to heighten awareness,coordinate efforts and elevate the importanceof motorized vehicle management to betterprovide adequate public access and improveenvironmental protection.

VOLUNTEERS AND EDUCATIONPROGRAMS

Numerous comments were very supportive ofusing volunteers and implementingpartnerships throughout the OHV program. Many individuals related positive experiences as participants in various BLM OHV activitiessuch as building and maintaining trails,monitoring use or educating the public. TheBLM acknowledges the continued active publicinvolvement is a vital element for a successfulOHV program. Therefore, a new section whichconsolidated a number of action items

associated potential volunteer opportunitieswas incorporated.

Many readers considered education a veryimportant component of the strategy. Theseparate education sections were combined tostrengthen BLM’s emphasis on the importancevisitor education as a critical aspect of thestrategy. This section was also expanded toreiterate the need to create a consistent andcomprehensive training program which willaddress the various principles and concepts ofTread Lightly and Leave No Trace for both thepublic and BLM employees. By combining thesections, equal emphasis will be placed oninternal employee training as well as improvedcommunication and contact with the public.

WILDERNESS STUDY AREAMANAGEMENT

Another principal viewpoint contained in thepublic comments was that the draft strategydid not provide adequate environmentalprotection for WSAs. Generally, commentsrequested that these areas be closed to OHVuse, as well as restricting OHV use to clearlymarked trails and roads. Comments alsocalled for actions to monitor impacts andincrease enforcement to protect special areas. It was clear from the comments that manyreaders did not fully understand how theexisting federal laws and BLM policies arealready in place to protect wilderness values. The draft strategy was modified to clearlyoutline the actions that BLM will use improvemonitoring and develop better enforcementcapabilities to prevent impair-ment of thewilderness values in WSAs.

ENVIRONMENTAL CONSIDERATIONS

A number of comments highlighted theconfusion associated with the goals and actionitems contained under EnvironmentalConsiderations section. This section wasmodified to address those concerns and clarifyrecommendations. Guidance for virtually allenvironmental considerations relevant to thestrategy is provided by a host of existing laws,policies and regulations. The BLM uses a

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comprehensive land-use planning process toevaluate resource information, ensurecompliance with applicable laws andregulations, and provide opportunities for publicparticipation in the development ofmanagement plans or activities. In particular,concern was raised on how the strategy wouldaddress proposals to list threatened andendangered species or critical habitat. Thestrategy was modified to emphasize the need

for thorough analysis of motorized issues andimpacts using the land-use planning process. In addition, specific action items wereincorporated to improve compliance with theEndangered Species Act. Recommendedactions will help coordinate and integrate theapplication of existing laws, regulations, rulesand policies for the administration of the publiclands in decisions dealing with management ofmotorized vehicle use and access.

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APPENDIX 4

EXCERPTS FROM

THE

WILDERNESS STUDY AREA

INTERIM MANAGEMENT POLICY

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Appendix 4

Excerpts From the“Interim Management Policy for

Lands Under Wilderness Review”(BLM, H-8550-1, Rel. 8-17, 7/5/95) Regarding Off-Highway Vehicle Use

Chapter I B. Specific PolicyGuidance

An overriding consideration before applying anyof the policies below must be that thepreservation of wilderness values within aWSA is paramount and should be the primaryconsideration when evaluating any proposedaction or use that may conflict with or beadverse to those wilderness values. Theconcept of considering wilderness values firstasserts, with few exceptions (e.g., validexisting rights, grandfathered rights, etc.), thatwilderness resource management objectiveswithin a WSA should take precedence over allother resource management program objec-tives. In other words, the wilderness resourcewill be dominant in all management decisionswhere a choice must be made betweenpreservation of wilderness suitability and othercompeting uses.

Chapter I B.2. Nonimpairment.The following criteria are referred to hereafteras the "nonimpairment criteria".

a. The use, facility, or activity must betemporary. This means a temporary usethat does not create surfacedisturbance or involve permanentplacement of facilities may be allowed ifsuch use can easily and immediately beterminated upon wildernessdesignation. "Temporary" means the useor facility may continue until the date ofwilderness designation, at which time theuse must cease and/or the facility must beremoved. "Surface disturbance" is anynew disruption of the soil or vegetation,

including vegeta-tive trampling, whichwould necessitate reclamation. The term"surface disturbance" is discussed furtherin Specific Policy Guidance, Section 3below. Decisions to allow or denyproposed actions based on thenonimpairment criteria will be included inappropriate decision documents.

b. When the use, activity, or facility isterminated, the wilderness values mustnot have been degraded so far as tosignificantly constrain the Congress'sprerogative regarding the area's suita-bility for preservation as wilderness. The wilderness values to be considered arethose mentioned in Section 2(c) of theWilderness Act of 1964.

The only permitted exceptions to the aboverules are:

(1) Emergencies such as suppressionactivities associated with wildfire orsearch and rescue operations;

(2) Reclamation activities designed tominimize impacts to wilderness valuescreated by IMP violations andemergencies;

(3) Uses and facilities which areconsidered grandfathered or validexisting rights under the IMP;

(4) Uses and facilities that clearly protect orenhance the land's wilderness valuesor that are the minimum necessary forpublic health and safety in the use andenjoyment of the wilderness values;and,

(5) Reclamation of pre-FLPMA impacts.

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Chapter I B. 3. SurfaceDisturbance. Surface disturbance is anynew disruption of the soil or vegetationrequiring reclamation within a WSA. Uses andfacilities necessitating reclamation (i.e.,recontouring of the topography, replacement oftopsoil, and/or restoration of native plant cover)are definitely surface disturbing and must bedenied. Cross-country vehicle use offboundary roads and existing ways is surfacedisturbing because the tracks created by thevehicle leave depressions or ruts, compact thesoils, and trample or compress vegetation.

Chapter I B. 7. Existing Facilities. Some lands under wilderness review maycontain minor facilities that were found in thewilderness inventory process to besubstantially unnoticeable. For example, thesemay include primitive vehicle routes ("ways")and livestock developments. There is nothingin this IMP that requires such facilities to beremoved or discontinued. On the contrary,they may be used and maintained as before,as long as this does not cause new impactsthat would impair the area's wildernesssuitability.

Chapter I B. 11. Motor Vehicles,Aircraft and MechanicalTransport. Motor vehicles and mechan-ical transport may be allowed off boundaryroads and existing ways for these purposesonly:

(a) in emergencies and search and rescueoperations (as described in Section 12, below);

(b) for official purposes by the BLM andother Federal, State, and local agencies andtheir agents when necessary and specificallyauthorized by the BLM for protection of humanlife, safety, and property; for protection of thelands and their resources; and,

(c) to build or maintain structures andinstallations authorized in this document, aslong as such use of vehicles is determined tosatisfy the nonimpairment criteria and is onlyalong routes authorized and specified by the

BLM. No grading, blading, or vegetativedisturbance will be permitted as this wouldconstitute surface disturbance and thus notmeet the nonimpairment criteria.

In emergencies, cross-country travel will notbe held to the nonimpairment standard; but inall other cases, cross-country travel is allow-edonly where it is specifically authorized by BLMand it satisfies the nonimpairment criteria. Ifimpacts threaten to impair the area's wilder-ness suitability, the BLM may limit or close theaffected lands to the uses causing the problem.

Mechanical transport, including all motorizeddevices as well as trail and mountain bikes,may only be allowed on existing ways andwithin "open" areas that were designated priorto the passage of FLPMA (October 21, 1976). Use of such devices off existing ways and trailsare allowed only for the purposes listed in theparagraph above.

Chapter III H. 11-12. Recreation.

11. Except for emergency situations asdefined in Chapter I.B.12, vehicle desig-nations in WSAs are to be handled throughthe land-use planning process. Until WSAsare designated as wilderness or releasedfrom study status, vehicle use within eachWSA is governed by the terms andconditions as identified in Chapter I.B.11and any land-use planning decisions. Open areas may be designated only: (1) assand dune or snow areas for use by theappropriate sand or snow vehicles, or (2)where an area was designated open priorto October 21, 1976. No vehicle desig-nation in a WSA may allow vehicles totravel off existing ways and trails, except inthese two circumstances.

12. Organized vehicle events will not beallowed unless they can meet the nonim-pairment criteria, and are contained onexisting ways and trails or within pre-FLPMA sand dune or snow open areas. (For clarification of definitions of applicablevehicles and designation of areas seeguidance contained in 43 CFR 8340 and1601.)

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