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Summary of Forest Service Final Rule from ARRA

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Summary of Forest Service Final Rule from ARRA

Postby Scott Hatch » Tue Nov 08, 2005 11:03 pm

Summary of Forest Service Final Rule

Although ARRA previously posted the PDF version of the Forest Service
Final Rule for Motorized Recreation in National Forests and Grasslands,
ARRA thought it would be useful to provide a summary of those points of
the Final Rule most pertinent to our members. We hope that the summary
provided below helps each of you to understand the impact that the new
Final Rule will have on OHV travel on Forest Service land.

Principles Embodied in the Forest Service Final Rule for Motorized
Recreation in National Forests and Grasslands include:

1. The Forest Service acknowledges that motorized recreation is an
appropriate form of recreation in National Forests.

2. 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 nonmotorized users, and other interested parties.

3. For the first time, the Final Rule provides a definition for
“off-highway vehicle.”

4. 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.

5. The Forest Service rejected the notion that all areas should be
closed to OHV recreation until such time as the implementation process
is completed.

6. 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.

7. 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.

8. Designation decisions at the local level will determine the
appropriate consideration of other Federal laws, such as issues relating
to threatened or endangered species.

9. 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.

10. 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.

11. 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.

12. 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.

13. The Forest Service does not believe that a complete inventory of all
roads and trails must be completed prior beginning the
implementation/designations process.

14. 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.

15. 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.

16. 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.

17. The Final Rule requires the Forest Service to see public involvement
in the designation process.

18. 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.

19. The Forest Service did not embrace the concept of a no-net-loss
policy in terms of OHV routes.

20. 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.

21. The Forest Service does not believe that immediate closure of all
user-created routes, without local evaluation and public input, is
necessary or appropriate.

22. 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.

23. Forest Service said that licensing issues affecting motor vehicles
remains the responsibility of the State governments where each National
Forest is located.

24. 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.

25. The Forest Service announced its intention to develop a national
standard for OHV noise levels in a future rulemaking.

26. The Final Rule addresses all forms of motor vehicle use and not just
OHVs.

27. The Final Rule does not address the specific designation of routes
for nonmotorized use; rather it focuses solely on motorized designations.

28. 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.

29. 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.

30. 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.

31. Nothing in the Final Rule revokes any existing rights-of-way held by
private parties or alters any treaty rights held by tribal governments.

32. 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.

33. Mountain bicycles are not regulated under the provisions of this
Final Rule.

34. The Final Rule does not change existing fines and penalties for
violations of the rule.

35. 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.

36. 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.

37. 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.
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Scott Hatch
 
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