| There are lots of details but the following are key points (all documented below): 1. The fundamental problem motivating the 1972 Executive Order and the 2005 Travel Management Rule is the need to limit the impacts of unregulated use of motor vehicles on public land. 2. Although appropriate but limited motorized use is supported, the objective is to minimize impacts on natural and cultural resources and non-motorized uses. 3. The purpose is not to divide the public lands between motorized and non-motorized users. Natural and cultural resources must be protected also (first?). 4. There is a conflict between motorized and non-motorized use and land managers "must" and "shall" work to minimize that conflict. 5. Separate motorized and non-motorized areas are strongly encouraged as a way to minimize conflict. Explicit designation of named non-motorized areas is not quite required, because it is assumed that de-facto non-motorized quiet areas will be created if the criteria for road designation are followed. Named non-motorized areas are nevertheless allowed. The Executive Order: The basic premise is stated in the second sentence of President Nixon's 1972 Executive Order (E.O. 11644) http://www.archives.gov/federal-register/codification/executive-order/11644.html. "...off-road recreational vehicles...[are]...in frequent conflict with wise land and resource management practices, environmental values, and other types of recreational activity..." This problem is now much more serious as stated on page 68265 of the 2005 Rule. The purpose of the Executive Order is stated in Section 1. "It is the purpose of this order...to ensure that the use of off-road recreational vehicles on public lands will be controlled and directed so as to protect the resources of those lands,... and to minimize conflicts among the various uses of those lands." Section 3 of the Executive Order requires "...designation of the specific areas and trails on public lands on which the use of off-road vehicles may be permitted, and areas in which the use of off-road vehicles may not be permitted,...based upon the protection of the resources of the public lands,...and minimization of conflicts among the various uses of those lands." Other key language in subsections under section 3 include: "Areas and trails shall be located to minimize damage to soil, watershed, vegetation, or other resources of the public lands. ...to minimize harassment of wildlife or significant disruption of wildlife habitats....to minimize conflicts between off-road vehicle use and other existing or proposed recreational uses..." Section 4 includes "These regulations shall be directed at protecting resource values, preserving public health, safety, and welfare, and minimizing use conflicts." The 2005 Rule: The Travel Management; Designated Routes and Areas for Motor Vehicle Use; Final Rule (36 CFR 212, www.fs.fed.us/recreation/programs/ohv/final.pdf) refers to and elaborates on Executive Orders 11644 and 11989). This 2005 "Rule" signed by Mark Rey, Undersecretary of Agriculture for Resources and Environment, frequently copies wording from the Executive Order. Section 212.55 Criteria for designation of roads, trails, and areas. (page 68289)is key. It includes: "(a) General criteria for designation of National Forest System roads...the responsible official shall consider effects on National Forest System natural and cultural resources,...conflicts among uses of National Forest System lands..." and (b) Specific criteria for designation of trails and areas. ... the responsible official shall consider effects on the following, with the objective of minimizing: (1) Damage to soil, watershed, vegetation, and other forest resources; (2) Harassment of wildlife and significant disruption of wildlife habitats; (3) Conflicts between motor vehicle use and existing or proposed recreational uses ..." The Summary (page 68264) says: "The clear identification of roads, trails, and areas for motor vehicle use... will ... preserve areas of opportunity... for non-motorized travel and experiences." On page 68266: "The Department believes that National Forests should provide access for both motorized and nonmotorized users in a manner that is environmentally sustainable over the long term. The NFS is not reserved for the exclusive use of any one group, nor must every use be accommodated on every acre. It is entirely appropriate for different areas of the National Forests to provide different opportunities for recreation." On page 68266: "MUSY specifically provides 'that some land will be used for less than all of the resources' (16 U.S.C. 531(a)). Neither Act directs that all NFS lands be open to all uses." Referring to Multiple Use-Sustained Yield Act (MUSY) and Federal Land Policy and Management Act (FLMPA). Page 68281: In Executive Order 11644 "President Nixon directed agencies to take conflicts among uses into account in designating trails and areas for motor vehicle use....the Department also believes that some trails are better managed for one use or the other, and that providing separate trail systems can sometimes result in better recreational experiences for all users." On page 68270: "In designating roads, trails, and areas local agency officials must consider minimization of conflicts among uses of NFS lands." Two sentences later: "A system of quiet use areas established outside the designation process is unnecessary." Clearly the reason that quiet use areas need not be designated "outside" the process because they "must" be designated inside the process. (Note on page 68273: "The proposed rule was never intended to require each National Forest to have areas designated for motor vehicle use.") Compiled by Dick Walton - EWC/MWA |