Presidential Executive Orders and U.S. Forest Service Regulations Pertaining to Snowmobiles and Other Off Road Vehicles (ORVS)

EXECUTIVE ORDERS 11644 AND 11989

In response to increased level of ORV use in the late 60s and throughout the 70s, President Richard Nixon signed Executive Order 11644 in 1972 in an effort to protect federal lands from the deleterious effects of ORV traffic. President Jimmy Carter clarified and strengthened this order in 1977 with Executive Order 11989. These orders require public land managers (Forest Service, BLM, etc.) "to establish policies and procedures that will ensure that the use of off-road vehicles on public lands will be controlled and directed 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."

Executive Order 11644 also required the Forest Service and other land managers to designate specific areas on which the use of off-road vehicles may and may not be permitted. According to the order, designation of motorized areas or trails will be based upon the protection of natural resources, promotion of the safety of all users of those lands, and minimization of conflicts among various user groups.

Executive Order 11644 also requires federal land managers "to monitor the effects of off-road vehicles on public lands and amend or rescind management decisions in order to further the policy of this order."

President Carter strengthened this provision in Executive Order 11989 and directed land managers to immediately close areas or trails to off-road vehicles whenever the land manager determines that "the use of the off-road vehicle will cause or is causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat or cultural or historic resources of particular areas or trails until such time as (s)he determines that such adverse effects have been eliminated and that measures have been implemented to prevent further recurrence."

Winter Wildlands Alliance feels the following issues need to be addressed at all levels of Forest Service planning:

1) The physical and biological characteristics that make land suitable for Nordic and backcountry ski, snowshoe, and snowboard recreation opportunities.

• Accessibility, variety of terrain, no interaction with over-the-snow vehicles, good snow pack and lack of exposure to avalanche zones are the most important characteristics that make Forest Service lands suitable for winter cross-country and backcountry ski, snowshoe, snowboard use.
• Skiers, snowshoers, and snowboarders are unable to travel more than one or two miles into the backcountry for a day of untracked powder; two to six mile access is the maximum distance a backcountry skier can travel to an overnight yurt.
• The aspects of the terrain are critical for backcountry telemark-skiing. A suitable backcountry ski area has accessible slopes that face in all directions and are predominantly free from avalanche hazard as snow conditions change rapidly.
• For track skiers, appropriate ski terrain is able to accommodate grooming machines, must be accessible by car, mostly avalanche free and untracked by snowmachines in order to provide a quality track skiing recreation experience.

Because of these factors, skiers traditionally use very little terrain on public lands. In conclusion, the physical characteristics of the land, its location near a highway, and the absence of use by motorized groups are the determining factors regarding what Forest Service land is used for winter non-motorized recreation groups. This land is limited and should to be designated as non-motorized in order to provide a quality experience and one without user conflict.

2) The recreational preferences of user groups and the settings needed to provide a quality recreation opportunity.

Track and backcountry skiers, snowshoers and snowboarders require non-motorized areas that are away from the motorized users in order to have a quality recreation experience. Where snowmobiles dominate, skiers will leave.

Surveys confirm this. In 1999, the Colorado State Parks Trails Program conducted a statewide poll that showed that the public believes that motorized and non-motorized activities on our public lands are incompatible. In a 1995 survey of visitors to Yellowstone and Grand Teton National Parks, noise, pollution and the number of snowmobiles were frequently cited as what they least liked about their experience (University of Idaho Cooperative Park Studies Unit, Project Reports 74&75). In 1994, the Montana Trail Users study found that non-motorized recreationists (hikers, backpackers, horseback riders, mountain bikers) rated motorized trail use high on the incompatibility scale. However, the majority of off-road motorcyclists, ATV riders and snowmobilers were less likely to rate non-motorized activities as incompatible (McCool and Harris, 1994).

Like smokers and non-smokers, the experience of one group affects the other, while the reverse is not true. Until there are more non-motorized opportunities for backcountry skiers, snowshoers and snowboarders, the Forest Service will not be providing a quality recreation experience for this group of winter recreationists.

1. Recreation opportunities on Forest Service Lands. There needs to be better balance in all Forest Plans between accessible non-motorized terrain for skiers and accessible terrain for snowmobilers. Each National Forest in snow country should provide areas of non-motorized Nordic, backcountry skiing, snowshoeing, and snowboarding opportunities regardless of land classification. In other words, current or traditional use patterns and accessibility should dictate non-motorized winter recreation opportunities, not whether the land is semi-primitive roadless or semi-primitive motorized or roaded recreation.

Currently, on many Forests, almost all accessible lands are open to the motorized winter recreation groups. Skiers should be able to enjoy the same quiet and solitude in the winter as hikers do in the summer.

The argument that skiers can access Wilderness areas for a non-motorized experience isn't realistic in most cases. For example, the Sawtooth Wilderness is closed to motorized use but it is located too far from the road for most skiers or snowshoers to access it.

The Forest Plans needs to inventory the number of acres available for motorized use and compare this with the number of acres currently used by skiers that are non-motorized and evaluate the adequacy of this ratio. A determination should be made on whether the current Forest Plan is providing a quality recreation experience for the population it serves.

4) The Forest Plan will look at the responsiveness of recreational opportunities and facilities to meet current and future demands.

Comment: Requiring skiers to share the same terrain as snowmobilers is not being responsive to meeting the current and future demands for non-motorized winter recreation on public lands.

5) Off-road vehicle use shall be planned and implemented to protect land and other resources, promote public safety, and minimize conflicts with other uses and should be made on the basis of the requirements in 36 CFR part 295 of this Chapter.

Winter recreation on Forest Service lands is rapidly growing. According to the Outdoor Recreation Coalition of America's participation study of Americans age 16 and older, there are 11.4 million Nordic and backcountry skiers and 4 million snowshoers n the United States. These Americans deserve to recreate on their public lands in a safe and enjoyable manner.