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On Friday, May 29, President Trump signed an Executive Order (EO) “Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands\u201d that rescinds EOs 11644, signed by President Richard Nixon in 1972, and 11989, signed by President Jimmy Carter in 1977.<\/p>\n<\/div>\n
These two orders have allowed agency heads to manage how and where off-road vehicles can travel on public lands. According to the White House Press Release, \u201cthe subjective criteria were difficult for agencies to operationalize in practice because they were so vague.\u201d The ramifications of this move are uncertain.<\/p>\n<\/div>\n
\u201cOur concern isn’t what this EO does today, it’s what it sets in motion,\u201d BHA\u2019s Senior Policy & Government Relations Manager Jack Polentes told MeatEater. \u201cThe administration has rescinded the EOs that have guided off-road vehicle management on public lands for more than 50 years and directed federal agencies to revise or rescind the regulations and policies built upon them.\u201d<\/p>\n<\/div>\n
The purpose of the \u201872 EO 11644 was straightforward: \u201cto establish policies and provide for procedures that will ensure that the use of off-road vehicles on public lands will be controlled and directed so as to protect the resources of those lands, to promote the safety of all users of those lands, and to minimize conflicts among the various uses of those lands.\u201d And EO 11989 simply amended sections within that original order for clarity.<\/p>\n<\/div>\n
Together, these two EOs laid out guidelines for agency heads to manage off-highway vehicle (OHV) traffic by determining where trails should be located based on areas that limit damage to water, soil, and vegetation and where they will have minimal impact on wildlife. It also takes into account the multi-use nature of public lands and seeks to minimize conflict between motorized and non-motorized recreational opportunities.<\/p>\n<\/div>\n
It also specifically states that trails cannot be located in Wilderness Areas or Primitive Areas. And it designates that trails located in areas like the National Park system or National Wildlife Refuge are allowed \u201conly if the respective agency head determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values.\u201d<\/p>\n<\/div>\n
The White House press release claims the rescission of these EOs protecting public land is done in the name of reining in government overreach. \u201cExecutive Orders 11644 and 11989 were issued roughly 50 years ago, before modern technologies could be paired with our comprehensive statutory land management framework,\u201d the release states. \u201cThe latest mapping technologies, paired with today\u2019s recissions, will allow for off-road vehicle use designations that provide more access, recreational opportunities, and greater benefits to the public.\u201d<\/p>\n<\/div>\n
Sure, rescinding these two EOs could open up more access for off-road vehicle users on public lands, but it doesn\u2019t provide any guidelines for management. And while digital mapping has come a long way, it isn\u2019t going to show where runoff cuts down a hillside in the spring, how deer migrate in the fall, or the native plants that could be eviscerated by an off-road trail in that area in the summertime.<\/p>\n<\/div>\n
Additionally, the statement from the White House makes no secret that this move will not only increase recreational opportunities but will also aid in removing barriers to timber and energy production on federal lands.<\/p>\n<\/div>\n
So what are federal land management agencies supposed to do about off-road traffic on public lands now? According to the Trump Administration, \u201cThe Order directs relevant Federal agencies to rescind or revise the regulations that were adopted to implement the now-rescinded Executive Orders.\u201d<\/p>\n<\/div>\n
The EO cites certain statutory authorities with the ability to establish federal land policy regarding OHVs. These include the National Historic Preservation Act (NHPA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Federal Land Policy and Management Act (FLPMA). \u201cI have determined that those statutory authorities, together with executive department and agency-specific land management authorities, provide the appropriate framework for managing off-road vehicle use on Federal lands,\u201d the EO states.<\/p>\n<\/div>\n
However, in February \u201825, the Council on Environmental Quality rescinded NEPA regulations. Trump\u2019s January \u201825 EO \u201cDeclaring a National Energy Emergency\u201d directs federal agents to bypass section 106 in NHPA, allowing agencies to sidestep the requirement to consider and mitigate impacts on historic, cultural, and tribal sites for potential projects. The Trump administration has tried repeatedly to weaken ESA regulations. And the administration\u2019s rollback of the Public Lands Rule demonstrates its limited interpretation of FLPMA, which has led to the prioritization of resource extraction and motorized recreation over conservation on BLM lands.<\/p>\n<\/div>\n
\u201cAt the same time, the Forest Service is considering rescinding the Roadless Rule and reviewing the Travel Management Rule,\u201d Polentes added. \u201cHunters and anglers have seen what happens when there isn’t a strong framework for managing OHV use on public lands: fragmented habitat, disrupted wildlife movement, and diminished backcountry hunting and fishing opportunities. Access without safeguards ultimately comes at the expense of the very resources and experiences that make public lands worth accessing in the first place.”<\/p>\n<\/div>\n
While this EO will not immediately open all public lands for an off-road free-for-all, it relies on the work of statutory authorities actively being whittled away by this administration. So, is this the beginning of side-by-sides ripping up a mountainside during your favorite backcountry elk hunt? Maybe not directly, but this administration appears to be taking a \u201cdeath by a thousand cuts\u201d approach to public lands policy change.<\/p>\n<\/div>\n
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