http://www.floridatrailriders.org/articles/20060116a.htmTHE NATIONAL PUBLIC LANDS REPORT
What It Is...
The USDA Forest Service (FS) has finalized regulations that require the designation of roads, trails and areas for motor vehicle use.
Forests or Ranger Districts that have not already done so will be required to designate those roads, trails and areas open to motor vehicle use, by class of vehicle and, if appropriate, by time of year. The Rule provides a national framework for local decision making. The Rule includes definitions, procedures and criteria for designation of roads, trails and areas
The Rule will not implement any closures until the designation process is complete.
Over the next few years, National Forests (NFs) and Ranger Districts across the country will engage the public and coordinate with state, county and tribal governments to identify which routes should be designated for which classes of motor vehicles.
More than 81,000 public comments were submitted on the proposed rule, published in July 2004. Anti-recreation groups came out in force with an all out effort to wrangle the Rule into a giant closure scheme. Indeed, it was almost refreshing to see many of these folks clearly state what they truly believe: that OHV's should not be allowed on NFs at all, but all FS lands should be managed solely for "preservation of natural values," water quality, wildlife habitat, endangered species, biological diversity, quiet and spiritual renewal.
As this issue affects motorized vehicle use throughout the FS system, the OHV community was organized and involved. We're pleased to report we were successful in thwarting the anti's attempts to influence the rule in any meaningful way. This effort represents an increase in professionalism, sophistication and organization of National OHV groups such as BRC, United Four Wheel Drive Association, the American Motorcyclist Association, the American Council of Snowmobile Associations and Americans for Responsible Recreational Access.
The Good...
We're here to stay
The Rule formally acknowledges motor vehicles are a legitimate and appropriate way for people to enjoy their NFs. Further, the agency recognized motor vehicles are also used as a recreational experience in their own right, such as for trail riding and driving for pleasure.
User created trails can be allowed
The agency denied the anti's on a major point about what are commonly referred to as "user created" trails. Many valued travelways are "user created," including many popular hiking, equestrian and mountain bike trails. Speaking for our growing number of mountain bike riding members, this is very important. Many in the anti community, and also within the FS, have dogmatically opposed authorizing any use along these routes, as they are rarely recognized within the route "system." The Rule clarifies these routes can be formally authorized for use and notes some user-created routes would make excellent additions to the designated route system. The agency says it's committed to working with user groups and others to identify such routes and consider them on a site-specific basis.
The FS recognized the importance of accurate maps
The agency is developing a usable standard national format for motor vehicle use maps issued under the Rule. Information released in conjunction with the Rule promises accurate maps will be available at local FS offices and on the Web.
No deadline
The Rule ignores the anti's strong push to create a deadline for completion of the nationwide designation process. OHV supporters strongly opposed any specific timetable, and the agency rejected the anti's arguments on this important point.
No "close first, open later"
The anti-access crowd also pushed the agency to immediately close all unclassified routes and reopen routes only after completion of a new designation process. They specifically targeted vehicle use in high alpine areas, wetlands, riparian areas, sensitive soil areas, wildlife habitat and, of course, "roadless" areas. They also demanded no route be open unless it had full funding for maintenance and enforcement. The list goes on and on.
The FS response further reflects the OHV community's increasing influence. Instead of the anti's "top-down" approach, the Rule requires only that a process occur and establishes general guidelines for individual Forests or Ranger Districts to use in completing that process, repeatedly emphasizing these decisions should be made on the local level.
Flexible options for "open" areas
The agency preserved options for off-route riding in managed open areas. In particular, guidance submitted with the Rule specifically allows local managers the discretion to authorize limited cross-country motor vehicle use for dispersed camping or downed big game retrieval. Again, the Rule clarifies these decisions will be made at the local level, based on site-specific evaluation of local conditions and public involvement.
No interim management (a.k.a. "Interim closures")
The agency denied demands for various interim management schemes, all involving immediate closures. Instead, current management rules will apply until the route designation process is complete.
But understand this clearly: After these roads, trails and areas are designated, motor vehicle use, including the class of vehicle and time of year, not in accordance with these designations is prohibited by law. Motor vehicle use off designated roads and trails and outside designated areas will be illegal.
Ability to add routes to system
New routes may be constructed and added to the system following public involvement and site-specific environmental analysis.
Snowmobiles are exempt
Snowmobiles are technically included in the definition of "off-road vehicle" under existing regulations, but the agency has apparently concluded cross country use of snowmobiles presents a different set of management issues and environmental impacts. Partly in response to effective input from the snowmobile community, snowmobiles are exempt from the Rule's mandatory designation scheme. This does not mean snowmobiling is unregulated; rather, use will continue to be managed under other processes.
Concerns...
Two classifications
The FS has formulated two classifications of motorized travelway: 1) designated route and 2) unauthorized route. The agency has lumped all travelways into these two categories. There seems to be a negative stigma attached to all "unauthorized" routes. The Rule and accompanying information suggest some recognition of the possible legitimacy of some "unauthorized" routes, but we are concerned many FS employees and local managers might neglect to fully understand this direction. In fact, many popular, but "unauthorized" recreational travelways were used and/or constructed by the agency itself, such as roads associated with early timber sales.
Dispersed camping
Most camping on FS lands does not take place in designated camping areas. Most of these popular "undesignated" campsites are adjacent to roads or trails or are accessed by relatively short 'dead end' travelways. It makes little sense for the Forest to identify every site or "route" associated with this dispersed camping activity. Absent clear direction on this issue and authorization of "limited cross-country travel" for this purpose, some Forests may interpret historical access to these campsites as "off route" travel. This will be a major issue in some regions and effective participation by affected local interests will be essential.
"ATV on the Brain"
When the Draft Rule was out for public review, BRC published a humorous article questioning whether the agency has "ATV On the Brain." The premise of the article was FS planners, including those behind the Draft Rule, seemed to form a mental picture of an ATV when conducting OHV "planning." Obviously there are significant components of the OHV community and BRC membership disserved by this fixation.
In at least a partial correction, the agency has preserved flexibility to identify and manage as "trail" routes those wider than 50 inches. Many such "trails" have provided historic and important Jeep and full-size 4WD opportunities. However, BRC still is finding symptoms of "ATV on the Brain" in many areas. Single track motorcyclists and 4x4 enthusiasts will need to watch the designation process carefully.
Unlicensed vehicles on 'System Roads'
This is a big issue. Most BRC members are aware of situations where vehicles not street legal must travel along major roads to access trailheads and make a loop. Again to their credit, the FS has preserved the option to designate such roads as open to unlicenced vehicles. However, in some Forests the process is controversial and cumbersome. Again, we must be active participants in the local process to keep a close eye on issues like this one.
Route Inventory
The Good — Most agency planners understand the importance of adequate and accurate resource inventories before planning, and route inventories are no exception. The Rule reinforces the importance of advance planning and public involvement.
The Bad — However, the agency believes reviewing and inventorying all roads, trails and areas before planning begins would be nearly impossible and will not require individual Forests to do such inventories. However, the agency says it's committed to working with user groups and others to identify routes and consider them on a site-specific basis. The clear message here is local interests MUST step forward and provide detailed information and argument in support of any "non-system" routes they hope to include in the final designated travel network.
Changes to the Travel Plan Outside the Lawful Planning Process
The agency has the flexibility to implement temporary closures. However, the Rule does clarify that the motor vehicle use must directly cause a considerable adverse effect to be subject to emergency closure. The Department is also including a requirement for public notice of the closures, including reasons for the closure and the estimated duration of the closure.
Bottom Line...
The new FS OHV Rule is a significant opportunity for the OHV community. There will be no way to avoid the transition to vehicle travel exclusively on designated roads, trails and areas. The FS has responded to many of the OHV leadership's concerns voiced during this process and has provided local decision-makers with the authority to designated open areas, to allow limited cross-county travel, to add "user-created" routes to the inventory and to formally designate as "open" previously "non-system" or "unauthorized" routes. However, FS planners will not tailor site-specific decisions to address any of these issues if the OHV community doesn't provide regular, voluminous and effective input during the planning process. The new Rule doesn't shut us out of the Forests, nor does it magically remove the concerns over OHV access. Now more than ever, the OHV community, pro access and pro-multiple use interests must be actively engaged in the designation processes that will flow from the new National Rule.
BlueRibbon Magazine, January, 2006
