BLM Land in the West
Here is a part of S2921 that deals with the 5 national ohv areas. In creating OHV recreation areas S2921 relies on the same Federal Act that is used to create wilderness areas. The staying power of this designation provides a clue to the power of this language and the seriousness of this bill to create permanent OHV areas.
First, the language used to create wilderness areas:
TITLE XV—WILDERNESS
SEC. 1501. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1781, 1782), the following land in the State is designated as wilderness areas:
Now, the language used to create OHV recreation areas:
TITLE XVIII—Off-highway vehicle recreation areas
“SEC. 1801. Designation of off-highway vehicle recreation areas.
“(a) Designation.—In accordance with the Federal Land Policy and Management Act of 1976 and resource management plans developed under this title and subject to valid existing rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas:
The federal Land Policy and Management Act is the infamous FLPMA, which the enviromentalists have been using for decades to restrict use of Federal land. Section 1701 says:
“congress declares that it is the policy of the United States that–…
(4) the congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal land for specified purposes.”
Conservation and resource management are still included for the OHV areas, but the primary mandate created by congress is for OHV recreation. In my view this will relieve the BLM of a large amount of the pressure coming from enviros and courts to curtail OHV use. The courts will have a hard time ignoring this clear order from congress that these areas are set-aside for off-road recreation. Of course, some of the enviros will sue, but instead of using FLPMA against off-roading, they will find themselves fighting it and the clear power it gives to congress to designate federal lands for specific uses.
Related Articles
- Plan for Mount Hood slashes off-road riding (seattletimes.nwsource.com)
Tags: Wilderness Act, Conservation Area
