[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Extensions of Remarks]
[Pages 4101-4102]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, February 12, 2003

  Mr. UDALL of Colorado. Mr. Speaker, today I am again 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 bill is similar to one that I 
introduced in the 107th Congress.
  The need for this legislation was demonstrated by incidents in 
several state, including some in Colorado.
  For example, in the summer of 2000 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.''

[[Page 4102]]

  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 in the mountains near Boulder, Colorado, 
that became 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 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 ensured, or stands as much of a deterrent 
for future similar behavior.
  These are but two examples. Regrettably, there have been 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, it 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 management, use and 
protection requirements. The bill would authorize the Secretary of the 
Interior and the Secretary of Agriculture to assess up to $10,000 in 
fines, or 12 months in jail, or both, for violations of road and trail 
closures and other management regulations by recreational off-road 
vehicles. The bill also would authorize the Secretary of the Interior 
and the Secretary of Agriculture, in lieu of a specific dollar fine, to 
assess fines equal to the costs required to rehabilitate federal public 
lands from damage caused by recreational off-road vehicle violations.
  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. In fact, 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, earlier this month I met with Chief Bosworth regarding 
several matters related to management of the National Forests. During 
our conversation, he said that he considered problems associated with 
off-road vehicles one of the greatest problems facing the Forest 
Service.
  I agree with the Chief--in fact, I think 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 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.

 Responsible Off-Road Vehicle Enforcement and Response (``ROVER'') 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.

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