Well the Forest Service Draft Policy for OHV use in our National Forests and Grasslands has finally been released

Well the Forest Service Draft Policy for OHV use in our National Forests and Grasslands has finally been released. Read the Forest Service press release here:

http://www.fs.fed.us/news/2004/releases/07/off-highway-vehicle.shtml

The majority of OHV recreationists have many reasons to be concerned with this proposed rule, especially ATV and dirt bike enthusiasts. In my opinion, current snowmobile use does not seem to be affected too much by this rule, but many of us snowmobilers also recreate using other forms of OHVs that are definitely affected, so I would recommend submitting a comment, if nothing more than to help our fellow OHV recreationists.

I reading the document, my first impression was that I was very concerned with the impact this rule might cause to snowmobiling. There is a lot of language that refers to "restrict" and "prohibit" snowmobile use, but I think the section found on page 34 pretty much says that snowmobiles will be treated the same as they are today per Executive Order 11644 and Executive Order 11989. It states “§212.81 Snowmobile use. Section 212.81 of the proposed rule would preserve the authority in E.O. 11644 and E.O. 11989 and in the current part 295 (which would be removed by this proposed rule) to allow, restrict, or prohibit snowmobile use on a discretionary basis”. If I have missed something in my interpretation, please correct me. These government documents are sometimes rather confusing and I may have missed an important portion relating to regulations affecting snowmobile use.

The 60 day comment period began last week. To submit a comment, send a letter or email to the following address:

Proposed Rule for Designated Routes and Areas for Motor Vehicle Use
c/o Content Analysis Team
P.O. Box 221150
Salt Lake City, Utah 84122-1150

Email: trvman@fs.fed.us

Thanks for your efforts,

Dave

Snowmobile Alliance of Western States

P.S. - The following text extractions from the OHV rule mainly address snowmobile related portions. They may help you with your comments. For complete information, please read the entire 65 page document at:

http://www.fs.fed.us/recreation/programs/ohv/OHVrule.pdf

“An OHV is a motor vehicle that is designed or retrofitted primarily for recreational use off road, including minibikes, amphibious vehicles, snowmobiles, off-highway motorcycles, go-carts, motorized trail bikes, and dune buggies”.

“In the 1960s and 1970s, the opportunities that people enjoyed to hike, camp, and sightsee on the National Forests expanded to include the opportunities to operate motor vehicles across National Forest System lands, which provided access to areas previously accessible only on foot or by horse. As off-road motor vehicle use increased, questions arose about the current and potential impacts arising from operation of motor vehicles on soil, water, vegetation, fish and wildlife, National Forest visitors, and cultural and historic resources. Executive Order (E.O.) 11644 (February 8, 1972), “Use of Off-Road Vehicles on the Public Lands,” as amended by E.O. 11989 (May 24, 1977), addresses these concerns”.

“The proposed rule would add a definition for snowmobile because, as explained in the description of proposed §§212.51 and 212.81, snowmobiles would be exempted from the mandatory designations in 36 CFR 212.51 and would be addressed separately in 36 CFR 212.81”.

“§212.51 Designation of roads, trails, and areas. To address the problems associated with motor vehicle use on routes and off routes in a more comprehensive, systemic manner, this provision would require that motor vehicle use on National Forest System roads, National Forest System trails, and areas on National Forest System lands be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or ranger districts of the National Forest System, provided that the following vehicles and uses would be exempted from these designations:

(a) Aircraft;

(b) Watercraft;

(d) Limited administrative use by the Forest Service;

(e) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;

(f) Authorized use of any combat or combat support vehicle for national defense purposes;

(g) Law enforcement response to violations of law, including pursuit; and

(h) Use and occupancy of National Forest System lands and resources pursuant to a written authorization issued under Federal law or regulations”.

“All but one of these exemptions, the exemption for snowmobiles, are found in E.O. 11644, E.O. 11989, and 36 CFR part 295. Snowmobiles would be exempted from the mandatory designation scheme because a snowmobile traveling over snow results in different and less severe impacts to natural resource values than wheeled motor vehicles traveling over the ground. Consequently, in contrast to wheeled motor vehicles, it may be appropriate for snowmobiles to travel off route”.

“Section 261.14 Snowmobile use. Section 6 of E.O. 11644 requires the Forest

Service, where authorized by law, to prescribe appropriate penalties for violation of regulations adopted pursuant to that E.O. and to establish procedures for enforcement of those regulations. Accordingly, the proposed rule would add a new prohibition to part 261, subpart A, for enforcement of restrictions and prohibitions regarding snowmobile use established pursuant to §212.81 of the proposed rule. Enforcement of snowmobile restrictions and prohibitions established pursuant to §212.81 of the proposed rule using a prohibition in part 261, subpart A, would be simpler than enforcement of restrictions and prohibitions under the current part 295 (which would be removed by this proposed rule), which requires issuance of an order under part 261, subpart B, and issuance of a citation for violation of that order. Enforcement of a prohibition in part 261, subpart A, can be accomplished simply through issuance of a citation”.