Now that the Forest Service
has issued a Final Rule on the OHV route designation process,
it is extremely important that OHV riders participate in the
process. ARRA has compiled a comprehensive list of all
National Forest locations for your convenience.
Click Here.
Please note that the list
has been organized in alphabetical order by state and that the
name of each forest acts as a link to each forest's web site.
We encourage you to take a look at the list and find the
forest(s) closest to you to visit and familiarize yourself
with the site. We hope that in the coming weeks you will get
in touch with your local office to inquire as to how you can
participate and when they may be scheduling meetings to
solicit public input on the designation process. Please let
them know that you want to be involved.
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The Forest
Service acknowledges that motorized recreation is an
appropriate form of recreation in National Forests.
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The Forest
Service has determined that decisions concerning motorized
recreation in National Forests can best made at the local
level, with the full involvement of Federal, tribal, State
and local governments, motorized and non-motorized users,
and other interested parties.
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For the first
time, the Final Rule provides a definition for “off-highway
vehicle.”
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The Final Rule
states each National Forest will make “motor vehicle use
maps” available to the general public and will endeavor to
post this same information on the Forest Service website.
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The Forest
Service rejected the notion that all areas should be closed
to OHV recreation until such time as the implementation
process is completed.
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The Forest
Service indicated that OHV designation would be implemented
at each National Forest at the time the designation process
is completed at each National Forest.
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The Forest
Service indicated that it would continue to encourage and
rely on volunteer assistance for the construction,
improvement and maintenance of roads and trails for
motorized recreation.
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Designation
decisions at the local level will determine the appropriate
consideration of other Federal laws, such as issues relating
to threatened or endangered species.
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The Forest
Service will seek public comment on the directives they have
prepared for Forest Service personnel to use for the
implementation of this rule. These directives will be in
the Forest Service Manual and the Forest Service Handbook.
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The Final Rule
provides that actual designation of routes shall be the
responsibility of the Ranger Districts of the NFS. In other
words, Forest Supervisors and District Rangers will be
making these determinations after receiving public input.
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The Forest
Service states that decisions regarding NEPA compliance for
the implementation phase of the rule will be determined at
the local level depending upon site-specific factors
including: the local history of travel planning, public
input, and environmental impacts at the local level.
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The Forest
Service acknowledged that some user-created routes should be
incorporated in the final designation process. However, such
determinations should be made at the local level by
officials with first-hand working knowledge of the National
Forest after working closely with local governments, users
and other interested parties.
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The Forest
Service does not believe that a complete inventory of all
roads and trails must be completed prior beginning the
implementation/designations process.
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The Final Rule
recognizes that designations of roads, trails and areas for
motor vehicle use will not be permanent. Such designations
could be revised depending upon environmental impacts,
changes in public demand, route construction and usage.
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The Final Rule
does not require local officials to reconsider previous
decisions designating existing roads and trails for
motorized recreation. Such reconsideration is at the
discretion of the local official after consultation with the
public and user community.
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The Final Rule
does not set a specific deadline for the completion of the
implementation of the rule. The Forest Service, however,
stated that it hopes to complete the designation process as
quickly as possible.
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The Final Rule
requires the Forest Service to see public involvement in the
designation process.
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While
acknowledging that specific funding for the designation
process is the purview of the Congress, the Forest Service
stated its commitment to utilize available funding sources
for an early implementation of this rule.
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The Forest
Service did not embrace the concept of a no-net-loss policy
in terms of OHV routes.
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The Forest
Service confirmed that the Final Rule’s prohibition on motor
vehicle use of the designated system only goes into effect
at the administrative unit or Ranger District once that unit
or District has completed the designation process.
Completion means having motor vehicle user maps identifying
those areas so designated available to the general public.
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The Forest
Service does not believe that immediate closure of all
user-created routes, without local evaluation and public
input, is necessary or appropriate.
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The Forest
Service believes that certain units or Ranger Districts will
be able to complete the designation process earlier than
other Districts and that prohibition on cross country travel
will be become effective at different Districts at different
times.
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Forest Service
said that licensing issues affecting motor vehicles remains
the responsibility of the State governments where each
National Forest is located.
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The Forest
Service has indicated that it may consider developing
national safety standards for OHV use on Forest Service land
sometime in the future, but not at this time.
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The Forest
Service announced its intention to develop a national
standard for OHV noise levels in a future rulemaking.
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The Final Rule
addresses all forms of motor vehicle use and not just OHV's.
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The Final Rule
does not address the specific designation of routes for
non-motorized use; rather it focuses solely on motorized
designations.
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The Final Rule
does not require every National Forest to designate routes
for motor vehicle use. It only provides a framework for
such designation for those National Forests where such use
is appropriate.
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While the Final
Rule addresses motor vehicle use on Forest Service land and
snowmobiles are “motor vehicles,” the Final Rule exempts
snowmobiles from the cross-country travel ban. However, it
leaves such restrictions to the discretion to the local
manager on a case by case basis.
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The Final Rule
permits temporary, emergency closures of trails without
public notice for purposes of resource protection, to
protect public health and safety, to facilitate cooperative
work and for volunteer work and mitigation.
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Nothing in the
Final Rule revokes any existing rights-of-way held by
private parties or alters any treaty rights held by tribal
governments.
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The Final Rule
anticipates that local forest units will publish new motor
vehicle use maps annually and update signs as necessary or
appropriate to reflect any change in designated routes.
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Mountain
bicycles are not regulated under the provisions of this
Final Rule.
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The Final Rule
does not change existing fines and penalties for violations
of the rule.
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While the Final
Rule encourages the use of signage for purposes of
identifying designated routes, it recognizes that adequate
signage is not always possible. Therefore, the agency will
place greater emphasis on requiring users to rely on the use
of motor vehicle maps from Forest Service offices or
websites.
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The Final Rule
will provide local agency officials the discretion to allow
limited use of motor vehicles beyond designated routes for
specific purposes (big game retrieval or dispersed
camping). The agency anticipates this provision will be
used sparingly to avoid undermining the purposes of the
Final Rule.
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The Final Rule
does not provide a blanket prohibition or allowance for
motor vehicle events. The decision regarding such events
will be made at the local level by the appropriate agency
officials.