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Last updated: 03/31/00

QUESTIONS AND ANSWERS

The BLM's Development of an Off-Highway Vehicle Management Strategy

Background Q's and A's

How many miles of roads and trails does the BLM manage overall? How many miles for hiking and equestrian? Bicycling? And Off-Highway Vehicle use?

The BLM manages about 60,000 miles of administrative roads that are used by the public and are maintained by the Bureau or by State or local entities in support of the public land transportation network. To date, the BLM has also inventoried and documented approximately 13,000 miles of trails used by hikers, snowmobilers, skiers, bicyclists, equestrians, and OHV enthusiasts. The largest number of miles in the BLM's transportation system consist of thousands of miles of vehicle routes, not classified as roads or trails, that have not been inventoried or documented. The Bureau has not had sufficient funds to inventory these routes and determine whether they are appropriate for OHV use.

Is a permit required to operate an OHV on public lands?

Generally, the BLM does not require permits or charge fees to operate OHVs on the public lands, although some local areas charge fees that are paid prior to entering certain recreation sites. Some State governments require special permits or stickers to operate certain OHVs, which may apply to public land areas. The BLM routinely requires permits for special events, including organized OHV competitions.

What does it mean that an area is open, limited, or closed to OHV use?

Executive Orders 11644 and 11989 and the BLM's regulations at 43 CFR 8340 include provisions for designating public land areas and trails as open, limited, or closed to the operation of OHVs. Open areas are zones where cross-country travel is permitted by all types of vehicles at all times, while closed areas prohibit OHV use. Limited-area designations contain restrictions that vary by time, area, or vehicle type. These primarily involve numbers of vehicles, types of vehicles, time or season of use, permitted or licensed-use only, use on existing roads and trails, or use on designated roads or trails.

Off-Highway Vehicle designations are generally made during the BLM's Resource Management Planning process or in other regional or activity-level planning. The Bureau makes these designations area based on public input during the planning process and considers such factors as natural, social, cultural, and heritage resources, as well as all public land uses. But in many cases the BLM's land-use plans are outdated and therefore do not reflect current needs and uses, including the dramatic increase in OHV use caused by the rapidly growing populations of the West. The agency has not had sufficient resources to update these plans.

What is an "existing" road or trail? How is that different from "designated" roads and trails?

For the "limited" OHV designation category, planning documents may direct that OHV use in a given area be limited to "existing" roads and trails. Existing roads or trails are those that are physically present on the ground at the time the planning decision is signed by the local manager. Any cross-country travel or creation of new routes would be prohibited in the limited area for the life of the planning document. There is no universal definition for what an existing road or trail may be.

For areas with "limited" designations, planning documents may also specify that individual "designated" roads or trails have been or will be selected for motorized use or travel, considering natural and cultural resources and various uses. These are sometimes selected during the larger planning process, but are often deferred to a subsequent activity-planning level. The BLM may select these routes from an inventory of existing routes or may base its decisions on the knowledge of its field staff, as well as on input from the public and available data.

How does OHV use affect public lands?

Motorized access to and across public lands is a pivotal concern. While motorized access is critical for a variety of purposes and uses, natural resources, cultural resources, and recreational settings can be affected. Since the early 1970s, the popularity of motorized recreation in all forms has dramatically increased. Technology advances have increased the ability of the vehicle operator to access more remote and challenging terrain than ever before. In addition, the sprawl of the West's fast-growing cities and suburbs has meant that once-remote public lands are near or even adjacent to public lands.

Designation Qs and As

How many acres are designated for OHV use as open, limited, or closed, or not designated at all?

The BLM's Recreation Management Information System (RMIS 1999) data show that the agency has made OHV designations for approximately 90 percent of the public lands under its jurisdiction. The Bureau has made these designations through Resource Management Plans and older Management Framework Plans. Of the 10 percent of public lands where these decisions have not been made, nine percent is in Alaska.

Of the 90 percent of the public lands which have OHV designations in place, 37 percent, or 94,850,054 acres, are designated as "open" to the use of OHVs. This designation allows for cross-country travel at any time, away from existing roads and trails. Some of these open areas include intensively used and sanctioned OHV play areas, such as sand dunes, dry lake beds, and badlands, while other open acreage includes vast lands areas with varying terrain.

Of the remainder, 49 percent are "limited" and four percent are "closed" to motorized use. The limited areas generally restrict vehicles to travel on either existing or designated roads or trails. Areas that are "closed" are not open to any kind of OHV use, either statutorily or because they contain sensitive resources or non-motorized recreation opportunities.

Does the BLM provide guidance about how areas should be designated?

The BLM has been actively involved in the management of Off-Highway Vehicles since the early 1970s. Executive Orders 11644 (Use of Off-Road Vehicles on Public Lands, February 8, 1972) and 11989 (Off-Road Vehicles on Public Lands, May 24, 1977) were issued to establish policies and procedures for regulating the use of OHVs on Federal lands. This guidance is consolidated in the code of Federal regulations at 43 CFR 8340. BLM manuals 8340, 8341, and 8342 offer more specific guidance on implementation of the regulations.

When did BLM make these designations?

Most BLM OHV designations were made in the late 1970s and 1980s. At that time, OHV-use levels were considerably lower. With the increase in use, the BLM's OHV designations may be out of date in certain locations. As the Bureau continues to implement existing regulations through its planning process, the OHV management issue is addressed on an area-by-area basis during plan amendments or revisions.

Why is so much public land undesignated for OHV use or designated as open?

Most of the undesignated acreage results from the Alaska National Interest Conservation Act, which sets aside a certain portion of BLM lands for selection by the State and native people. The selected lands may not have OHV designations, inasmuch as they will eventually be released from BLM interest. Other undesignated acreage may result from new land acquisition, planning oversight, or tabulation errors.

The amount of "open" acreage is due to the lower levels of use at the time planning decisions were made, the level of controversy and amount of financial resources available to manage open areas (as compared with limited or closed areas), or for other reasons.

Today, issues include increased motorized use; level or reduced staffing and funding; inadequate law enforcement staff to patrol millions of acres; insufficient resources to effectively monitor OHV use and resources on all but the highest priority areas; limited ability to implement Resource Management Plan provisions effectively or follow through with activity-level planning; new conservation designations requiring restrictions; reductions in or prohibitions of OHV use; and the increasing number of threatened or endangered plant and animal species.

Despite these challenges, the BLM has been successful in implementing OHV management in many areas, such as the California Desert National Conservation Area, the Paiute Trail and the Grand Staircase-Escalante National Monument, both in Utah, and the Gila Box Riparian National Conservation Area and the Hotwell Dunes, both in Arizona. In these places, the BLM's management strategies have proven successful because of adequate funding and staffing;

success with State OHV grant programs; partnerships and funding opportunities with other Federal, State, and local agencies; close relationships and agreements with the motorized community and user groups; collaborative planning efforts involving the environmental community; intensive field inventories of existing roads and trails; and open communication about program needs.

Why would an open designation ever be appropriate? Shouldn't the use of OHVs always be limited to existing roads and trails at the very minimum?

Open designations are appropriate in certain areas and provide recreational experiences and opportunities available nowhere else. Access, terrain, vegetation, natural and cultural resources, use levels, recreation objectives, and various public land uses and users are considered when designating open areas. Limiting OHV use to existing roads and trails may or may not be appropriate, depending on the resource issues involved. Numerous factors, such as when the routes were created, what constitutes an existing route, and the presence of sensitive resources, are considered when making any OHV designation. OHV designations should be tailored to the individual situations found across BLM lands.

Can people pull off of designated roads and trails to park, camp, or retrieve game?

This varies from plan to plan, based on terrain, natural and cultural resources, State laws, and other factors. There is no consistent policy since each situation may be different.

Strategy Questions

What is the BLM doing to change or increase its management of OHVs?

The BLM is initiating a National OHV Strategy to address OHV use on the public lands. A myriad of issues - such as urban-suburban sprawl, increasing use levels, threatened and endangered species, new special-area designations, legal challenges, and law enforcement staffing levels - are causing the agency to take a closer look at the OHV program.

When will the strategy be made public?

The strategy will be an ongoing effort involving motorized recreation groups, environmental organizations, and State and local governments. The schedule for completing the strategy has not yet been determined, and the timetable will depend on the coordination, cooperation, and progress of the stakeholders involved.

Will the strategy reduce OHV access?

With the growth in public land use, increases in the number of threatened and endangered species, and the addition of new special-area designations (such as wilderness), OHV access will likely decline over time, regardless of the development of the national OHV management strategy. The overall intent of the strategy is to ensure quality OHV opportunities while protecting sensitive resources, and in so doing to focus scarce funding on the most important areas and opportunities. Whether the BLM attempts to maintain existing OHV designations or to increase or decrease motorized use, legal challenges may force determinations for the agency. A consensus among the various stakeholders will enable the BLM to use its OHV management funding in the most effective and efficient manner.

Since taxpayers own the public lands, shouldn't OHV users be able to drive wherever they want on these lands?

Taxpayer desires for the use of public lands are as diverse as the terrain that the BLM manages. While some want unrestricted use, others demand absolute protection. The BLM's responsibility is to listen to the diverse voices of the public and to provide the best possible balance in natural resource management while following all public land laws.

Is the BLM going to close areas to OHV use?

The intent of the national strategy is to address the issues surrounding motorized recreation on public lands with the participation of OHV groups, environmental organizations, and State and local governments. It is likely that OHV designations will eventually be updated to reflect current management issues. Some of the updated designations may result in closures, with most closures likely affecting inappropriate cross-country travel.

Is the BLM instituting a moratorium on roads as the Forest Service did recently?

No. The BLM's National OHV Strategy will address issues surrounding motorized recreation on the public lands based on input from OHV groups, environmental organizations, and State and local governments. The Bureau does not anticipate issuing any moratoriums during its development of this strategy.

Why is the BLM developing a National Strategy to address OHV management on the public lands when many other States are already taking steps to address OHVs? How do these strategies fit with the national effort?

There are many reasons for the BLM to develop a national strategy. Over the past several years, motorized recreation use has increased dramatically, outpacing the BLM's ability to manage this activity with available personnel and funding resources. Impacts to the environment from a host of causes - motorized vehicles, an over-use of remote areas, the creation of new routes, the lack of a comprehensive road and trail inventory, an increase in the number of threatened and endangered species, new special designations requiring additional management attention, reduced law enforcement capability, litigation, many other factors - have prompted the need for OHV management strategies. Each BLM State Office is attempting to address these issues in different ways, through plan amendments, Resource Advisory Council action, OHV team strategies, road and trail inventories, and other means.

Will the BLM consult with its stakeholders in developing this national strategy?

The key to success in this national strategy effort is the coordination, involvement, and participation of OHV groups, environmental organizations, State and local governments, and other interested stakeholders. Rather than continuing to spend scarce funds on litigation and answering Freedom of Information Act inquiries, the BLM believes it is in the best interest of all interested parties to find consensus on the issues surrounding motorized recreation.

How does the recently announced Tri-State Strategy (Montana, North Dakota, and South Dakota) fit in with the National Strategy? Is the tri-state strategy a prototype?

Montana, like the other western States will be involved in the development of the National OHV Strategy. The tri-state strategy is not a prototype, but information learned through that work process will be considered, along with other examples of planning efforts throughout BLM and Forest Service areas.

How will the national strategy affect RS 2477 claims?

The national strategy will not affect RS 2477 claims. Until the BLM develops regulations regarding RS 2477, no action will be taken regarding these claims.