Off-Road News
Congress Crafts Compromise To Allow Off-Roading Within Wilderness
The U.S. House of Representatives approved three measures that would create over 677,000 acres of new wilderness areas in California, Idaho and Oregon. Although off-highway vehicle (OHV) use is traditionally restricted in wilderness areas, provisions were included in the three bills to establish adjacent or nearby areas which would be open to OHV use. This would include inclusion of some ‘cherry-stem’ roads within the wilderness areas to allow continued motorized access to existing roads and trails.
Under this measure, 275,000 acres in five Northern California counties (Del Norte, Humboldt, Lake, Mendocino and Napa) would be designated as wilderness. As part of a compromise, approximately 79,000 acres would be set aside as recreation management areas for off-road vehicles and there would also be cherry-stem roads within the wilderness areas.
House lawmakers also approved legislation that would create three wilderness areas in Central Idaho totaling almost 300,000 acres. Another 130,000 acres that had been set aside as ‘wilderness study areas’ would now be opened to off-road use. The legislation also authorizes the creation of a state motorized park. The House also approved a separate measure which would increase the Mount Hood Wilderness Area in Oregon by 41 percent. Included in the bill were provisions for converting old forest roads into new recreational trails. All three bills have been sent to the U.S. Senate for consideration.
“Wilderness legislation is consequential since it potentially denies access to off-roaders,” said SAN Director Jason Tolleson. “The SAN supports land use decisions that allow local communities and government authorities to participate in the decision-making process. Within that context, the SAN supports compromise approaches on wilderness areas that balance the need to preserve access to appropriate motorized recreation while protecting some of our nation’s natural wonders.”
California Forests: The Road Stops Here
Governor Arnold Schwarzenegger petitioned the federal government to set aside 4.4 million acres of national forest in California as ‘roadless.’ The petition is in response
to a rule that gives states until November 2006 to request
the U.S. Forest Service (USFS) to open areas previously
closed under the Clinton Administration’s so-called ‘roadless rule.’ The rule covers nearly 58.5 million acres of national forests and grasslands, mostly in western states.
The rule established a process for considering state recommendations on which roadless areas should remain closed and which should be opened to logging, mining or other commercial ventures. If a state does not petition the USFS to make such recommendations, roadless areas would then be subject to the management plans of each forest. While some of those plans allow for long-range development, agency officials have noted the majority of roadless areas would be protected under current plans.
The California petition seeks to prohibit development more than 20 percent of the state’s 20.7 million acres in 18 national forests. California joins New Mexico, North Carolina, South Carolina and Virginia to submit a petition under the new rule.
The SAN has previously commented to the USFS that the state petitioning process could be an opportunity to correct inaccurate roadless designations and include un-inventoried routes well known to users but that do not appear on current USFS maps. These routes could be closed if located in areas deemed ‘roadless.’
Lawmakers Support SAN’s Criticism of Motorized Recreation Proposal
The U.S. House Resources Committee held a hearing to discuss the latest round of proposed changes to the National Park Service’s (NPS) management policies. The document, which serves as a handbook for park superintendents and other NPS officials, has been the focus of attention by both recreation groups and environmental organizations since the Bush Administration released its first proposed changes in 2005. The proposal envisioned more recreational opportunities for motorized recreation.
At issue in the hearing was a second draft proposal released by the NPS last month. Critics, including the SAN and the Blue Ribbon Coalition (BRC), argue that the revised version drastically shifts the balance from ‘visitor enjoyment’ to a strict mandate for ‘resource preservation.’ These supporters of recreational access, including the use of OHVs in designated parks, claim that the latest proposal is inconsistent with the original intent of Congress in establishing the national park system in 1916.
Another area of concern in the latest proposal was in regards to noise, which directs park officials to eliminate all unnatural noise whenever possible. This broad definition would be a direct threat to recreational activities including OHVs and boating. Furthermore, areas ‘possessing’ wilderness features or deemed ‘suitable’ for wilderness status would be managed as wilderness even if the area is not formally recommended, proposed or designated wilderness. This could preclude OHV activities, snowmobiling and other motorized recreation.
While the latest draft does not directly prohibit OHV access, the SAN is disappointed by the shift away from balanced recreation opportunities within our national parks. Furthermore, the SAN disagrees with these implied directives regarding recreational access and favors a process in which individual park officials use public input and available scientific data to resolve access issues.
NPS officials intend to release the final version of the management policy later this summer.
Zoned Out
Hobbyists Counter Unfair State and Local Zoning Ordinances
The SEMA Action Network has become increasingly concerned about the many states and localities attempting to legislate strict property or zoning laws that include restrictions on inoperable automobile bodies and parts. In addition to several city and county proposals, state lawmakers in Hawaii, Illinois, Michigan, North Carolina, Ohio and West Virginia have considered legislation this year that would have established restrictions on these so-called backyard restoration projects.
“We believe that clear legal distinctions must be drawn between an owner using private property as a dumping ground and a vehicle enthusiast working to maintain, restore or construct a vehicle,” said SEMA Vice President of Government Affairs Steve McDonald.
Often, removal of these vehicles from private property is enforced through local nuisance laws with minimal or no notice to the owner. Elected officials develop these initiatives based on the notion that inoperable vehicles are eyesores that adversely affect property values or constitute health hazards. Many such laws are drafted broadly, allowing for the confiscation of vehicles being repaired or restored. For the purposes of these proposed bills, ‘inoperable vehicles’ are most often defined as those on which the engine, wheels or other parts have been removed, altered, damaged or allowed to deteriorate so that the vehicle cannot be driven.
An active group of enthusiasts will find that in some cases it will be possible to successfully kill these proposals directly. However, in other instances it may be necessary to negotiate reasonable and fair compromise legislation. In these cases, enthusiast groups might consider supporting legislation that permits the outdoor storage of a motor vehicle if the vehicle is maintained in such a manner as not to constitute a health hazard. In addition, these vehicles could be located away from public view, or screened by means of a suitable fence, trees, shrubbery, opaque covering or other appropriate means. This would help appease those who believe these vehicles to be eyesores.
To help in this effort, SEMA has produced model legislation to provide such safeguards for hobbyists to work on collector vehicles on private property and establish reasonable provisions that vehicles be located out of public view. A copy of the bill can be downloaded from the SAN website at www.semasan.com.
In working to present this issue to your elected officials, our experience indicates that it will be helpful to make the following preparations:
LEGISLATIVE QUICK HITS
Missouri Enacts Broad-Based Emissions Test Exemption
SAN-backed legislation to exempt vehicles manufactured prior to 1996 from the emission inspection process was passed by the Missouri Legislature and signed into law by Governor Matt Blunt. Under the new law, motor vehicles manufactured prior to 1996 will only be subject to a gas cap pressure test as part of the state’s biennial safety inspection program. In addition, newer motor vehicles which have not been previously titled and registered will be exempted from emissions inspections for the four-year period following their model year of manufacture provided they are driven less than 40,000 miles for the first two years. All motor vehicles driven less than 12,000 miles between the biennial safety inspection are also exempt.
Oregon Adopts Emissions Exemptions for Specialty Cars
The Oregon Department of Environmental Quality (DEQ) has adopted new Low Emission Vehicle (LEV) requirements for 2009 model year manufactured vehicles. The adopted LEV standards will exempt newly built specialty vehicles from the state’s permanent rules requiring new motor vehicles to meet California’s tighter motor vehicle emissions standards. The exemptions are a product of weeks of consultation between the DEQ and the SAN. The new regulations will exempt assembled vehicles, replicas, street rods, and custom vehicles from Oregon’s low-emission vehicle (LEV) standards that take effect in 2009 provided that these vehicles are used only for occasional transportation, exhibitions, club activities, parades, tours, etc., but not for general daily transportation.
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