[Congressional Record Volume 147, Number 47 (Tuesday, April 3, 2001)]
[Extensions of Remarks]
[Pages E524-E526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE RESPONSIBLE OFF-ROAD VEHICLE ENFORCEMENT AND 
                        RESPONSE (``ROVER'') ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Tuesday, April 3, 2001

  Mr. UDALL of Colorado Mr. Speaker, I am today introducing a bill to 
improve the ability of the Bureau of Land Management and the Forest 
Service to respond to a serious problem affecting federal lands in 
Colorado and other states.
  Throughout the west, and especially in Colorado, increased growth and 
development has resulted in an increase in recreational use of our 
public lands. These recreational uses have, in some cases, stressed the 
capacity of the public land agencies to adequately control and manage 
such use. As a result, areas of our public lands are being damaged.
  One of the uses that cause the greatest impacts are recreational off-
road vehicles. The results can include: damage to wildlife habitat; 
increased run-off and sediment pollution in rivers and streams; damage 
to sensitive high-altitude tundra, desert soils, and wetlands; creation 
of ruts and other visual impacts on the landscape; loss of quiet and 
secluded areas of the public lands; and adverse effects on wildlife.
  Recreational off-road vehicle use on our public lands should be 
allowed to continue, but it must be managed to minimize or avoid these 
problems, by appropriate restrictions and putting some sensitive areas 
off-limits to vehicle use.
  Most vehicle users are responsible--they stay on designated roads and 
trails, they are respectful of the landscape and they endeavor to tread 
lightly. However, there are a number of such users who do not obey the 
rules. Given the nature of this use (large, powerful motorized vehicles 
that are able to penetrate deeper and deeper into previously secluded 
areas), even a relatively few who violate management requirements can 
create serious damage to public land resources.
  Yet, in some cases, recreational off-road vehicle users ignore these 
closures and management requirements. Often times, when these 
activities occur, the federal public land agencies do not have the 
authority to charge fines commensurate with the damage that results. 
For example, under BLM's basic law, the Federal Land Policy and 
Management Act of 1976, fines for violations of regulations--including 
regulations governing ORV uses--are limited to $1,000. That figure has 
remained unchanged for a quarter of a century, and does not reflect the 
fact that in many cases the damage from violations will cost thousands 
more to repair.
  The bill I am introducing today would provide for increased fines for 
such violations--to $10,000 or the costs of restoring damaged lands, 
whichever would be greater.
  The need for this legislation is well shown by a recent article in 
the Denver Post by Penelope Purdy that outlines problems in New Mexico, 
Utah, and Idaho as well as some recent events in Colorado. As she 
reports, last August, two recreational off-road vehicle users ignored 
closure signs while four-wheel driving on Bureau of Land Management 
land high above Silverton, Colorado. As a result, they got stuck for 
five days on a 70 percent slope at 12,500 feet along the flanks of 
Houghton Mountain.
  At first, they abandoned their vehicles. Then, they returned with 
other vehicles to pull their vehicles out of the mud and off the 
mountain. The result was significant damage to the high alpine tundra, 
a delicate ecosystem that may take thousands of years to recover. As 
noted in a Denver Post story about this incident, ``Alpine plant life 
has evolved to withstand freezing temperatures, nearly year-round 
frost, drought, high winds and intense solar radiation, but it's 
helpless against big tires.''
  Despite the extent of the damage, the violators were only fined $600 
apiece--hardly adequate to restore the area, or to deter others.
  Another example was an event that occurred last year above Boulder, 
Colorado, that has become popularly known as the ``mudfest.''
  Two Denver radio personalities announced that they were going to take 
their off-road four-wheel-drive vehicles for a weekend's outing on

[[Page E525]]

an area of private property along an existing access road used by 
recreational off-road-vehicle users. Their on-air announcement resulted 
in hundreds of people showing up and driving their vehicles in a 
sensitive wetland area, an area that is prime habitat of the endangered 
boreal toad. As a result, seven acres of wetland were destroyed and 
another 18 acres were seriously damaged. Estimates of the costs to 
repair the damage ranged from $66,000 to hundreds of thousands of 
dollars.
  Most of the ``mudfest'' damage occurred on private property. However, 
to get to those lands the off-road vehicle users had to cross a portion 
of the Arapaho-Roosevelt National Forest--but the Forest Service only 
assessed a $50 fine to the two radio disc jockeys for not securing a 
special use permit to cross the lands.
  Again, this fine is not commensurate to the seriousness of the 
violation or the damage that ensued, or stands as much of a deterrent 
for future similar behavior.
  These are but two examples. Regrettably, there are many more such 
examples not only in Colorado but also throughout the west. These 
examples underscore the nature of the problem that this bill would 
address. If we are to deter such activity and recover the damaged 
lands, we need to increase the authorities of the federal public land 
agencies.
  My bill would do just that. Specifically, my bill would amend the 
Federal Lands Policy and Management Act and relevant laws governing the 
Forest Service to authorize these agencies to assess greater fines on 
recreational off-road vehicles for violations of
  In addition, the bill would authorize the Secretary of the Interior 
and the Secretary of Agriculture to apply any funds acquired from 
recreational off-road vehicle violations to the area that was damaged 
or affected by such violations, and to increase public awareness of the 
need for proper use of vehicles on federal lands.
  This would give these agencies additional resources to recover 
damaged lands and areas that may be exposed to repeated violations.
  The bill does not put any lands ``off limits'' to recreational off-
road vehicle use. It does not affect any specific lands in any way. The 
bill also does not provide for increased fines for other activities 
that can damage federal lands. There may or may not be a need for 
legislation along those lines, but in the meantime I am seeking only to 
address this one problem.
  Mr. Speaker, I fear that that improper use of recreational vehicles 
is a problem of growing seriousness throughout the west. My intention 
with this bill is to help address this problem so that all recreational 
users of our public lands can have a rewarding, safe and enjoyable 
experience. Everyone's experience is diminished when a few bad actors 
spoil the resources and the beauty of our lands. I think this bill can 
help provide the BLM and the Forest Service with better tools to 
respond tools to response by allowing appropriate recreational use of 
our public lands while also protecting the resources and values of 
these lands that belong to all the American people.
  For the information of our colleagues, I am attaching a fact sheet 
about the bill as well as an editorial and other material from the 
Denver Post:

RESPONSIBLE OFF-ROAD VEHICLE ENFORCEMENT AND RESPONSE (``ROV- ER'') ACT

       Background: In Colorado and throughout the west increased 
     population growth has brought increased recreational use of 
     federal lands. This has made it harder for land-managing 
     agencies to adequately control and manage such use.
       Recreational and other use of off-road vehicles (ORVs) can 
     present serious problems. This use should be allowed to 
     continue, but must be managed and controlled to minimize or 
     avoid adverse effects. That involves closing-off some 
     sensitive areas and other regulations.
       Improper use of vehicles can result in serious damage to 
     the national forests and the public lands managed by the 
     Bureau of Land Management (BLM). This can involve damage to 
     wildlife habitat; increased run-off and sediment pollution in 
     rivers and streams; damage to sensitive high-altitude tundra, 
     desert soils, and wetlands; creation of ruts and other visual 
     impacts to the landscape; loss of quiet areas due to the 
     deeper penetration of off-road vehicles into previously 
     secluded areas of the public lands; and impacts to wildlife 
     from noise and effects on migration corridors.
       Currently, the Forest Service and BLM do not always have 
     clear authority to assess fines commensurate with the costs 
     of enforcement and the damage that often results. For 
     example, under the law governing BLM lands, federal officials 
     can only impose up to $1,000 in fines while the damage that 
     results could cost thousands more to address. The Forest 
     Service's authority also needs clarifying and strengthening.
       The bill would provide new authority, in order to increase 
     public awareness, deter violations, and help cover the costs 
     of enforcement and damages to affected lands.


                         What the bill would do

       Allow Increased Fines: The bill would authorize the 
     Secretary of the Interior and the Secretary of Agriculture to 
     assess fines of up to $10,000 or the costs of restoration, 
     whichever is greater, for violation of ORV regulations. The 
     current provisions for imprisonment of 12 months in jail is 
     retained.
       Apply Fines to Enforcement and the Area Damaged: The bill 
     would authorize the Secretary of the Interior and the 
     Secretary of Agriculture to apply any funds acquired from 
     recreational off-road vehicle violations to the costs of 
     enforcing off-road violations, increasing public awareness of 
     the problem, and to repair damages to lands affected by such 
     violations.


                       What the bill would not do

       Increase Closures of Public Lands: The bill would not 
     require that any particular lands be ``off limits'' to 
     recreational off-road vehicle use. Decisions about which 
     roads or trails will remain open to such use would continue 
     to be made by the land-management agency.
       Apply to Other Uses: The bill would not impose increased 
     fines for violation of any regulations other than those 
     applicable to use of vehicles.
       Eliminate Fines for Other Violations: The bill would not 
     affect the current ability of the federal public land 
     agencies from assessing existing fines and penalties for 
     other activities that violate management, use and protection 
     requirements. Such fines would continue to apply to 
     violations of other regulations.

                                  ____
                                  

                 [From the Denver Post, Feb. 11, 2001]

                          Curbing the Traffic

       It's obscene that motorized vehicles can legally drive 
     wherever they please on so much public land, disrupting 
     wildlife habitat and scarring fragile terrain. Some U.S. 
     Bureau of Land Management districts and national forests 
     require all motor vehicles to stay on marked roads or four-
     wheel-drive tracks--but many do not. The federal government 
     must start requiring off-road vehicles to stay on roads and 
     four-wheel-drive trails in all BLM and U.S. Forest Service 
     holdings.
       Most people who drive on BLM land and national forests 
     already stay on designated routes. So the extensive, 
     increasing damage to taxpayer property is being inflicted by 
     a small percentage of off-road drivers. But because the raw 
     numbers of ORVs has soared, the ecological damage also has 
     increased.
       Paradoxically, the government requires extensive 
     environmental studies before it lets oil drillers, timber 
     companies or ski areas build roads on public lands. Yet it 
     continues to let ORVs carve unofficial trails with no 
     environmental assessment at all.
       When the agencies do crack down on the worst abuses, some 
     off-road drivers complain that the rules close citizens off 
     the public lands. Unfortunately, Congress gives too much 
     credence to this vocal minority and remains ill-informed 
     about the real damage happening on the ground.
       It's thus commendable that the Colorado BLM office is 
     considering an interim order making all motor vehicles stay 
     on existing roads and trails. But the bureau also must make 
     good on its promise to get public input.
       Meantime, the Forest Service has worked with local 
     citizens' groups to draft plans regulating ORV use in several 
     national forests in Colorado.
       Nationwide, other steps are needed:
       The BLM and Forest Service must better map and sign which 
     routes they want ORVs to use. The agencies should work with 
     recreation groups and wildlife experts to plan what routes 
     should stay open or be closed. This effort must be conducted 
     at the grassroots level.
       Congress must properly fund BLM and the Forest Service to 
     do this work. And lawmakers should increase penalties for 
     serious ORV violations.
       Woody Guthrie once sang that ``this land is your land.'' 
     But that doesn't give anyone the right to rip it up.

                                  -___
                                  

                  [From the Denver Post, Oct. 3, 2000]

                           Mudfest Unpunished

                          (By Penelope Purdy)

       Official reaction has been appallingly weak to the off-
     road-vehicle ``mudfest.'' Federal and state agencies mostly 
     point fingers at each other and claim the law doesn't let 
     them do diddlysquat in the matter. To quote Charles Dickens: 
     ``If that's the law, sir, then the law is an ass.''
       In late September, disc jockeys for Denver radio station 
     KBPI talked on the air about going four-wheeling and named 
     the day and place. Several hundred people showed up in their 
     SUVs, monster trucks and off-road vehicles. They crossed 
     federal land to get to the site, Caribou Flats. The 
     property's owner, Tom Hendricks--a good guy, known for 
     environmentally proper gold mining--

[[Page E526]]

     asked the drivers to leave. They ignored both his pleas and 
     orders from law enforcement officers. And they left one heck 
     of a mess in the high-altitude wetland. The area is a 
     potential habitat for
       For example, when the Vail ski area accidentally built part 
     of a temporary road through a seasonal wetland, not only did 
     the U.S. Environmental Protection Agency insist that Vail fix 
     the damage, but it's also contemplating a substantial fine 
     against the resort. The Vail wetland involved only a fraction 
     of one acre. Yet faced with a case involving 25 acres near 
     Boulder, the EPA says federal law doesn't protect wetlands on 
     private property from this vehicle-caused damage.
       When building its new airport, Denver delayed construction 
     of one runway because a pair of burrowing owls had nested in 
     its path. Interfering with a migratory bird is a federal 
     offense. But confronting the destruction of habitat for 13 
     migratory bird species at Caribou Flats, the U.S. Fish and 
     Wildlife Service says its hands are tied.
       Many of the mudfest yahoos later excused their juvenile 
     behavior by claiming they ``didn't know'' they were on 
     private property. But that statement indicates they thought 
     that if they were on public land, it'd be OK to spin their 
     big wheels in the mud. It's not OK.
       The Arapahoe-Roosevelt National Forest is implementing a 
     policy, already posted in many places, that drivers must stay 
     on designated routes. Yet the U.S. Forest Service, across 
     whose land the scofflaws at Caribou Flats had to travel to 
     reach the scene, only imposed a minimum $50 fine on the disc 
     jockeys for holding a large gathering without a permit. Even 
     the Colorado Division of Wildlife says it likely can do 
     nothing in the matter.
       A criminal inquiry is under way by the Boulder sheriff, 
     with help from the Colorado attorney general. But they're 
     mostly looking at non-environmental questions such as 
     trespass.
       Sadly, despite claims by four-wheel-drive clubs that they 
     teach members to drive responsibly, what happened at Caribou 
     Flats isn't an isolated incident:
       During the Buffalo Peaks Hill Climb near Buena Vista, 
     someone illegally bulldozed a half mile of road in part of 
     the Pike-San Isabel National Forest.
       Last summer, local dirt bikers unlawfully built a racetrack 
     across two miles of the White River National Forest.
       The White River forest wants all drivers to stay on 
     designated roads and four-wheel-drive tracks, not run across 
     public land. But Colorado politicians, including U.S. Sen.
       Near Boulder, off-roaders reopened a private road that the 
     landowners had closed to prevent environmental harm.
       The problem is getting worse, because some SUV and ORV 
     drivers cling to an archaic, arrogant mentality that they 
     have a God-given right to drive anywhere, anytime, regardless 
     of whose land they're on or what destruction they cause. This 
     faction howls whenever the Forest Service or other land 
     management agency even suggests restricting vehicle travel to 
     designated roads and tracks.
       Now, the meek official reaction to the Caribou Flats 
     mudfest effectively has told these irresponsible jerks: Go 
     ahead and turn every precious alpine wetland in Colorado into 
     a mud flat, because we're not going to do a darn thing to 
     punish you.

     

                          ____________________