Motor vehicle use maps and designation of certain public land as open, limited, or closed to off-road vehicles

(a)

In general

Notwithstanding any other provision of law (including regulations), the Secretary of Agriculture (acting through the Chief of the Forest Service), for purposes of developing motor vehicle use maps under section 212.56 of title 36, Code of Federal Regulations (or a successor regulation), and the Secretary of the Interior, for purposes of designating public land under the jurisdiction of the Secretary of the Interior as open, limited, or closed to off-road vehicles under section 8342.3 of title 43, Code of Federal Regulations (or a successor regulation), shall—(1)account for the total length of traversable, approved roads in each square mile of public land managed by the applicable Secretary concerned;(2)for purposes of closing roads under the jurisdiction of the Secretary concerned, comply with the requirements established under subsection (b); (3) prioritize the inclusion and approval of roads on public land that provide access to diverse opportunities for recreation, including hunting, fishing, visiting cultural and natural sites, birdwatching, hiking, picnicking, camping, boating, mountain biking, and the use of motorized vehicles or off-road vehicles (including electric bicycles and over-snow vehicles); (4)coordinate with appropriate Federal agencies, State, county, and other local governmental entities, and Tribal governments for purposes of identifying routes on public land that are considered to be desirable for recreation to ensure the public land is disability-accessible land; (5)have the authority to revise a route on public land as the Secretary concerned determines to be necessary to address changes to conditions occurring after the date of the designation of the route; and(6)ensure that any road that is subject to a claim under section 2477 of the Revised Statutes (43 U.S.C. 932) (repealed by section 706 of the Federal Land Policy and Management Act of 1976 (Public Law 94–579; 90 Stat. 2793)) that has not been adjudicated or litigated shall remain open until the adjudication or litigation has been completed.(b)

Road closures

(1)

In general

For purposes of subsection (a)(2)—(A)in the case of disability-accessible land, the Secretary concerned shall not close roads that would result in a net decrease of authorized road accessible to motorized vehicles or off-road vehicles to the extent that the public land would no longer be designated as disability-accessible land, unless—(i)the road on public land being closed was established during the 1-year period ending on the date of the closure to address a temporary need or emergency; or(ii)the Secretary concerned—(I)determines that the road on public land being closed poses a direct threat to the health or safety of personnel or visitors to the public land; and(II)complies with the requirements of paragraphs (3) and (4) with respect to the closure; and(B)in the case of public land that is not considered to be disability-accessible land—(i)the Secretary concerned shall consider opening any road on public land that was closed during the 10-year period ending on the date of enactment of this Act; (ii) the Secretary concerned shall not close any additional roads on public land, unless the Secretary concerned—(I)determines that the road poses a direct threat to the health or safety of personnel or visitors to the public land; and(II) complies with the requirements of paragraphs (3) and (4) with respect to the closure; and(iii)the Secretary concerned shall not close any roads on public land that the Secretary concerned determines are beneficial for fuels reduction treatments, wildfire response, or search and rescue activities.(2)

Notice and hearing

For purposes of a road closure under subparagraph (A) or (B) of paragraph (1), the Secretary concerned shall—(A)provide notice of the proposed closure to allow for public comment, which may be provided after the closure if the Secretary concerned determines that there is an immediate threat to the health or safety of personnel or visitors to the public land; and(B)conduct a public hearing with respect to the closure, which may be held after the closure if the Secretary concerned makes a determination in the affirmative under subparagraph (A).(3)

New roads

For purposes of a road closure under subparagraph (A) or (B) of paragraph (1), the Secretary concerned shall—(A)provide for the nomination of new roads on public land to be added to a motor vehicle use plan or travel management plan of the Secretary concerned; and(B)establish an appropriate new road on public land not later than 1 year after the date on which the road is closed under that paragraph.(4)

Categorical exclusion

A road closure that the Secretary concerned determines to be necessary under subparagraph (A) or (B) of paragraph (1) or the establishment of a new road nominated for establishment under subparagraph (A) of paragraph (3) shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to any regulations requiring a determination that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement with respect to the proposed road closure or establishment of the new road.(5)

Rebuttable presumption

For purposes of the review of a road closure under subparagraph (A) or (B) of paragraph (1), there shall be a rebuttable presumption that roads shall remain open for public use, which may only be rebutted by clear and compelling evidence demonstrating that the closure of the road is necessary in accordance with this Act.(c)

Regulations

The Secretaries concerned may issue or revise regulations to carry out this section.