According to the Code of Federal Regulations, which carries the force of law, when ORVs adversely impact wildlife, water quality, other resources, or other users, the Forest Service must close the area to ORVs. The Bureau of Land Management has nearly identical regulations.
With effective citizen
oversight, the Forest Service cannot ignore this clear direction. If you
are aware of conflicts or resource damage occurring because of ORVs, notify
local land managers in writing and request prompt action, and complete
Wild Wilderness' incident report form.
(a) On National Forest System lands, the continuing land management planning process will..analyze and evaluate current and potential impacts arising from operation of specific vehicle types on soil, water, vegetation, fish and wildlife, forest visitors and cultural and historic resources if the analysis indicates that the use of one or more vehicle types off roads will cause considerable adverse effects on the resources or other forest visitors, use of the affected areas and trails by the vehicle type or types likely to cause such adverse effects will be restricted or prohibited until such time as the adverse effects can be eliminated as provided in 36 CFR part 261.(b) Designation of [Off-road vehicle] areas and trails shall be in accordance with the following:
(1) Areas and trails shall be located to minimize damage to soil, watershed, vegetation or other resources of the public lands.
(2) Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitats.
(3) Areas and trails shall be located to minimize conflicts between off-road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands...
§S295.3 Public Participation.
The public shall be provided an opportunity to participate in the process of allowing restricting or prohibiting use of areas and trails to one or more specific vehicle types off forest development roads. In emergency situations, temporary [restrictions] up to one year In length may be made or revised without public participation if needed to protect the resources and/or to provide for public safety.
§S295.5 Monitoring effects of vehicle use off forest development roads.
The effects of use by specific types of vehicles off roads on National Forest System lands will be monitored If the results of monitoring including public input, indicate that the use of one or more vehicle types off roads is causing or will cause considerable adverse effects on the factors and resource values referred to in §295.2, the area or trail suffering adverse effects will be immediately closed to the responsible vehicle type or types until the adverse effects have been eliminated and measures have been implemented to prevent future recurrence as provided in 36 CFR part 261 Forest Supervisors may delegate immediate closure authority to District Rangers or other forest officers in order to facilitate timely actions to meet these objectives.
§S295.6 Revision of off-road vehicle management plans.
Forest Supervisors will annually review off-road vehicle management plans and temporary designations implemented since the last annual review If the plan needs revision, the public will be given the opportunity to participate in the review as stated in §295.3.
Scott Silver, Executive Director,
Wild Wilderness
248 NW Wilmington Avenue, Bend OR 97701
Phone (541) 385-5261 E-mail: ssilver@wildwilderness.org