Conservation Groups File Lawsuit to Protect National Parks From Harmful Off-Road Vehicle Use - Survey of Parks Reveals Extensive Damage from Off-Road Vehicles, Lack of Funding for Enforcement
 
 
  
 
November 29, 2005
 
 

Contact: National Parks Conservation Association http://www.ncpa.org

Carl Schneebeck, Bluewater Network, 415-544-0790, ext. 19 (San Francisco, California; this is the same phone number as FOE -- "Friends of the Earth")

Bethanie Walder, Executive Director, Wildlands CPR [Center for Preventing Roads], 406-543-9551 or 406-396-6801 cell (Missoula, Montana) wildlandscpr@wildlandscpr.org [is also the current vice-president of the American Lands Alliance http://www.americanlands.org based in Washington, D.C.]

Ron Tipton, Senior Vice President, NPCA, 202-223-6722, ext. 266 (Washington, D.C.) ncpa@ncpa.org

Robert Rosenbaum, Arnold & Porter LLP, 202-942-5862 (Washington, D.C.)

Common Dreams
PO Box 443
Portland, ME 04112-0443
207-775-0488
Fax: 207-775-0489
 

Washington, D.C. - Bluewater Network, a division of Friends of the Earth; the National Parks Conservation Association (NPCA); and Wildlands CPR today filed a lawsuit against the National Park Service and the Department of Interior in U.S. District Court in Washington, D.C., alleging that those agencies have failed in numerous ways to protect the National Park System against the extensive damage caused by all-terrain vehicles and other off-road vehicles in America’s national parks. The plaintiffs met with the Park Service in July 2004 and raised concerns about off-road vehicle damage in the national parks. The agency responded by conducting an internal survey of all national park sites. The 256 responses available to the plaintiffs demonstrate that off-road vehicles are causing widespread damage in America’s national parks.

“Despite evidence of damage, the leadership of the National Park Service is simply proposing more studies of the problems caused by off-road vehicles in some parts of the National Park System and has refused to take any action elsewhere,” said Carl Schneebeck, public lands campaign director for Bluewater Network and a former Park Service ranger.

Park managers reported that off-road vehicle use is harming archaeological sites at the Grand Canyon; tearing up hiking/horseback trails at Olympic National Park; crushing animal burrows in Arches and Canyonlands national parks; and facilitating fossil poaching at Badlands National Park, as well as affecting the experiences of other visitors.

Park managers at the Appalachian Trail reported that damage from off-road vehicles is the trail’s “most pernicious” problem.

“Because of the damage off-road vehicles can cause to the natural wonders of the parks, the *law expressly requires the agency to regulate the use of off-road vehicles,” said Robert Rosenbaum of Washington, D.C., law firm Arnold & Porter LLP, counsel for the plaintiffs.

In the Park Service’s survey, many park managers reported having insufficient staff to monitor the impact of off-road vehicles on the parks and enforce park regulations.

“Due to lack of funding, many parks are struggling to enforce the rules on the books to protect the treasures in our parks and the safety and experiences of visitors,” said NPCA President Tom Kiernan. “In the meantime, the parks protecting our national heritage are being spoiled.”

Exacerbating this problem, the Department of Interior has proposed a draft revision of the parks’ management policies. The draft weakens protections for parks and could lead to increased use of off-road vehicles. The public can comment on the proposed changes to the Park Service’s management policies over the next few months.

“National parks were created 100 years ago as preserves for our national heritage -- not as playgrounds for off-road vehicles,” said Wildlands CPR [Center for Preventing Roads http://www.wildlandscpr.org] Executive Director Bethanie Walder. “The existing policies to protect our parks must be upheld and enforced.”
 
 
 
 
Additional researched information:
 
 
*Executive Order 11644
 
Use of off-road vehicles on the public lands
 
February 8, 1972
 

Source: The provisions of Executive Order 11644 of February 8, 1972, appear at 37 FR 2877, 3 CFR, 1971-1975 Comp., p. 666, unless otherwise noted.

An estimated 5 million off-road recreational vehicles -- motorcycles, minibikes, trial bikes, snowmobiles, dune-buggies, all-terrain vehicles, and others -- are in use in the United States today, and their popularity continues to increase rapidly. The widespread use of such vehicles on the public lands -- often for legitimate purposes but also in frequent conflict with wise land and resource management practices, environmental values, and other types of recreational activity -- has demonstrated the need for a unified Federal policy toward the use of such vehicles on the public lands.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Constitution of the United States and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as follows:

Section 1. Purpose. It is the purpose of this order to 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.

Sec. 2. Definitions. As used in this order, the term:
(1) "public lands" means (A) all lands under the custody and control of the Secretary of the Interior and the Secretary of Agriculture, except Indian lands, (B) lands under the custody and control of the Tennessee Valley Authority that are situated in western Kentucky and Tennessee and are designated as "Land Between the Lakes," and (C) lands under the custody and control of the Secretary of Defense;
(2) "respective agency head" means the Secretary of the Interior, the Secretary of Defense, the Secretary of Agriculture, and the Board of Directors of the Tennessee Valley Authority, with respect to public lands under the custody and control of each;
(3) "off-road vehicle" means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; except that such term excludes (A) any registered motorboat, (B) any fire, military, emergency or law enforcement vehicle when used for emergency purposes, and any combat or combat support vehicle when used for national defense purposes, and (C) any vehicle whose use is expressly authorized by the respective agency head under a permit, lease, license, or contract; and
(4) "official use" means use by an employee, agent, or designated representative of the Federal Government or one of its contractors in the course of his employment, agency, or representation.

[Sec. 2 amended by Executive Order 11989 of May 24, 1977, 42 FR 26959, 3 CFR, 1977 Comp., p. 120]

Sec. 3. Zones of Use. (a) Each respective agency head shall develop and issue regulations and administrative instructions, within six months of the date of this order, to provide for administrative designation of the specific areas and trails on public lands on which the use of off-road vehicles may be permitted, and areas in which the use of off-road vehicles may not be permitted, and set a date by which such designation of all public lands shall be completed. Those regulations shall direct that the designation of such areas and trails will be based upon the protection of the resources of the public lands, promotion of the safety of all users of those lands, and minimization of conflicts among the various uses of those lands. The regulations shall further require that the designation of such areas and trails shall be in accordance with the following--
(1) Areas and trails shall be located to minimize damage to soil, watershed, vegetation, or other resources of the public lands.
(2) Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitats.
(3) Areas and trails shall be located to minimize conflicts between off-road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands, and to ensure the compatibility of such uses with existing conditions in populated areas, taking into account noise and other factors.
(4) Areas and trails shall not be located in officially designated Wilderness Areas or Primitive Areas. Areas and trails shall be located in areas of the National Park system, Natural Areas, or National Wildlife Refuges and Game Ranges only if the respective agency head determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values.
(b) The respective agency head shall ensure adequate opportunity for public participation in the promulgation of such regulations and in the designation of areas and trails under this section.
 
(c) The limitations on off-road vehicle use imposed under this section shall not apply to official use.
 

Sec. 4. Operating Conditions. Each respective agency head shall develop and publish, within one year of the date of this order, regulations prescribing operating conditions for off-road vehicles on the public lands. These regulations shall be directed at protecting resource values, preserving public health, safety, and welfare, and minimizing use conflicts.

Sec. 5. Public Information. The respective agency head shall ensure that areas and trails where off-road vehicle use is permitted are well marked and shall provide for the publication and distribution of information, including maps, describing such areas and trails and explaining the conditions on vehicle use. He shall seek cooperation of relevant State agencies in the dissemination of this information.

Sec. 6. Enforcement. The respective agency head shall, where authorized by law, prescribe appropriate penalties for violation of regulations adopted pursuant to this order, and shall establish procedures for the enforcement of those regulations. To the extent permitted by law, he may enter into agreements with State or local governmental agencies for cooperative enforcement of laws and regulations relating to off-road vehicle use.

Sec. 7. Consultation. Before issuing the regulations or administrative instructions required by this order or designating areas or trails as required by this order and those regulations and administrative instructions, the Secretary of the Interior shall, as appropriate, consult with the Secretary of Energy and the Nuclear Regulatory Commission.

[Sec. 7 amended by Executive Order 12608 of September 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]

Sec. 8. Monitoring of Effects and Review. (a) The respective agency head shall monitor the effects of the use of off-road vehicles on lands under their jurisdictions. On the basis of the information gathered, they shall from time to time amend or rescind designations of areas or other actions taken pursuant to this order as necessary to further the policy of this order.
(b) The Council on Environmental Quality shall maintain a continuing review of the implementation of this order.

Sec. 9. Special Protection of the Public Lands. (a) Notwithstanding the provisions of Section 3 of this Order, the respective agency head shall, whenever he determines that the use of off-road vehicles 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 of the public lands, immediately close such areas or trails to the type of off-road vehicle causing such effects, until such time as he determines that such adverse effects have been eliminated and that measures have been implemented to prevent future recurrence.
(b) Each respective agency head is authorized to adopt the policy that portions of the public lands within his jurisdiction shall be closed to use by off-road vehicles except those areas or trails which are suitable and specifically designated as open to such use pursuant to Section 3 of this Order.

[Sec. 9 added by Executive Order 11989 of May 24, 1977, 42 FR 26959, 3 CFR, 1977 Comp., p. 120]

 
 
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*NPS Regulation 36 CFR Sec 4.10(b)
 
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 4_VEHICLES AND TRAFFIC SAFETY--Table of Contents

Sec. 4.10  Travel on park roads and designated routes.

(a) Operating a motor vehicle is prohibited except on park roads, in parking areas and on routes and areas designated for off-road motor
vehicle use.

(b) Routes and areas designated for off-road motor vehicle use shall be promulgated as special regulations. The designation of routes and
areas shall comply with Sec. 1.5 of this chapter and E.O. 11644 (37 FR 2887). Routes and areas may be designated only in national recreation
areas, national seashores, national lakeshores and national preserves.
 
(c) The following are prohibited:

(1) Operating a motor vehicle not equipped with pneumatic tires, except that a track-laying motor vehicle or a motor vehicle equipped with a similar traction device may be operated on a route designated for these vehicles by the superintendent.

(2) Operating a motor vehicle in a manner that causes unreasonable damage to the surface of a park road or route.

(3) Operating a motor vehicle on a route or area designated for off-road motor vehicle use, from \1/2\ hour after sunset to \1/2\ hour before sunrise, without activated headlights and taillights that meet the requirements of State law for operation on a State highway.
 
 
 
 
 
 
 
 
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American Lands Alliance  
726 7TH ST. S.E.
Washington, DC20003
202-547-9400
Fax: 202-547-9213 
 

Employer Identification Number (EIN): 93-1089517
 
Background Information  
 
Membership:  2,000 
 
Tax Status: 501(c)(3) 
 
Year Founded:  1991 
Stated Objectives:  ALA "was founded in 1991 at the height of the Ancient Forest wars in the Pacific Northwest. Known then as the Western Ancient Forest Campaign (WAFC), the organization was created and remains governed by grassroots leaders to ensure that activists’ voices and issues are raised in Washington, DC where decisions on national forests are made." It "provides national leadership on forest policy issues by combining grassroots experience with a deep understanding of Beltway politics."  
 
Officers and Executives: 
 
Chuck Willer 
 
Bethanie Walder 
 
Kieran Suckling 
 
Randi Spivak, Executive Director  
 
Joe Scott 
 
Mark Salvo, Grasslands and Deserts Advocate  
 
Katie Regan, Campaign Assistant  
 
Christopher Peters 
 
Lois Norrgard, Upper Midwest Organizer  
 
Tom Myer 
 
Anne Martin, National Field Director  
 
Joshua Martin, Southeast Orgnizer  
 
Tim Lillebo Udi Lazimy, Southern Rockies Forest Organizer  
 
Michael Kellett 
 
James Jontz, Executive Director  
 
Mat Jacobson 
 
Timothy Ingalsbee Steve Holmer, Campaign Coordinator  
 
Sam Hitt 
 
Danile Hall, Forest Biodiversity Program Director  
 
Andy Frank 
 
Lisa Dix, National Forest Program Director  
 
John Demos, Northeast Organizer  
 
Janice Bezanson 
 
Christine Ambrose, California Organizer   
 
Staff: 
 
Randi Spivak, Executive Director 
 
Anne Martin, National Field Director 
 
Udi Lazimy, Southern Rockies Forest Organizer 
 
Danile Hall, Forest Biodiversity Program Director 
 
Jenna Gibson, Forest Restoration Advocate 
 
Lisa Dix, National Forest Program Director 
 

Board of Directors:
 
Todd Schulke – President
 
Judith Holyoke Schoyer Rodd – Vice President
 
Bethanie Walder – Secretary
 
Brett Brownscombe – Treasurer
 
Michael Kellet
 
Taylor McKinnon
 
David Hodges- Ex Com At Large
 
Mark Shelley
 
 
 
IRS Tax Forms: 
 
 
 
 
 
 
 
Financial & Grant Information 
 
Financial Information
 
REVENUE, EXPENSES, ASSETS 
 

Revenue Expenses Net Assets  
 
2003   $780,585   2003   $1,018,796 2003   $185,312 
 
2002   $923,536   2002   $1,116,602 2002   $114,523 
 
2001   $816,399   2001   $1,102,138 2001   $306,896 
 
2000   $1,132,725   2000   $1,150,762 2000   $592,635 
 
1998   $844,045   1998   $840,084 1998   $112,996 
 
1997   $627,451   1997   $558,357 1997   $109,035 
 
 
 

Grant Information 
 
Foundation Grants Received 
 
Grantmaker  Amount Year 
 
Ford Foundation   $80,000 2004 
 
Moriah Fund   $30,000 2003 
 
Bullitt Foundation   $30,000 2003 
 
Educational Foundation of America   $200,000 2002 
 
Foundation for Deep Ecology   $188,500 2002 
 
Charles Stewart Mott Foundation   $150,000 2002 
 
Blue Moon Fund (formerly W. Alton Jones Foundation)   $75,000 2002 
 
Wilburforce Foundation   $45,000 2002 
 
Wilburforce Foundation   $32,000 2002 
 
Moriah Fund   $20,000 2002 
 
Foundation for Deep Ecology   $15,000 2002 
 
Foundation for Deep Ecology   $10,000 2002 
 
David & Lucile Packard Foundation   $140,000 2001 
 
Rockefeller Brothers Fund   $100,000 2001 
 
Foundation for Deep Ecology   $75,000 2001 
 
Foundation for Deep Ecology   $40,000 2001 
 
Turner Foundation   $25,000 2001 
 
Bullitt Foundation   $25,000 2001 
 
Foundation for Deep Ecology   $20,000 2001 
 
Foundation for Deep Ecology   $10,000 2001 
 
David & Lucile Packard Foundation   $220,000 2000 
 
Educational Foundation of America   $160,000 2000 
 
Charles Stewart Mott Foundation   $150,000 2000 
 
Rockefeller Brothers Fund   $75,000 2000 
 
Scherman Foundation   $30,000 2000 
 
Turner Foundation   $30,000 2000 
 
Moriah Fund   $25,000 2000 
 
Foundation for Deep Ecology   $25,000 2000 
 
Foundation for Deep Ecology   $15,000 2000 
 
Rockefeller Brothers Fund   $200,000 1999 
 
Educational Foundation of America   $160,000 1999 
 
New York Community Trust   $100,000 1999 
 
Charles Stewart Mott Foundation   $85,000 1999 
 
Bullitt Foundation   $40,000 1999 
 
Moriah Fund   $30,000 1999 
 
Turner Foundation   $30,000 1999 
 
Rockefeller Brothers Fund   $20,000 1999 
 
Scherman Foundation   $20,000 1999 
 
Richard & Rhoda Goldman Fund   $20,000 1999 
 
Bullitt Foundation   $10,000 1999 
 
Rockefeller Brothers Fund   $100,000 1998 
 
Blue Moon Fund (formerly W. Alton Jones Foundation)   $75,000 1998 
 
Town Creek Foundation   $30,000 1998 
 
Richard & Rhoda Goldman Fund   $20,000 1998 
 
Weeden Foundation   $20,000 1998 
 

Filed suit to ban Off-Road Vehicles from Big Cypress National Preserve. 
 
 
Copyright 2005, Capital Research Center
 
 
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Canyonlands National Park and Orange Cliffs Unit of Glen Canyon National Recreation Area - Backcountry Management Plan

January 1995

Canyonlands National Park

2282 South West Resource Boulevard

Moab, Utah 84532

801-259-3911

Excerpt from Page 47:

Comment: 36 CFR Sec. 4.10 prohibits designation of ORV routes and areas in National Parks. We believe that ORVs are vehicles that are capable of cross-country travel over natural terrain (see Conservation Law Foundation of New England Inc. V. Secretary of the Interior, 864 f. 2d 954, 956, fn. 1 [1st Cir. 1988]). Sec. 3(a) of Executive Order 11644, 37 Fed. Reg. 2877, (1972), as amended by Executive Order 11989, 42 Fed. Reg. 26959 (1977) outlines the circumstances in which off-road vehicle use may occur in NPS areas. The plan does not make the determination that this use is suitable. [Commenter identity is not made public in this document.]

NPS Response: Major questions of vehicular access and designation of roads are dealt with in the General Management Plan, not through the backcountry management planning process.

http://www.nps.gov/cany/pdfs/backplan.pdf (54 pages)