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ZONE 131.27 Coastal Zone Information uNsoRmATION CENTER* Center 1,4V 101". 11 "Jim 7VW JF AV @,F, @Nww I-W-n",i V1. Off-Road Vehicles Al on Public Land Council on Environmental Quality 1979 TD 195 T7 S55 1979 *11V COASTAL ZONE INFORMATION CENTER A ----------- Off-Road Vehicles on Public Land U . S . DEPARTMENT OF COMMERCE NWAtten by David Sheridan COASTAL SERVICES CENIER Illustrated by Allen Carroll vF 2234 SOUTH HOBSON 4 _NUE CHARLESTON , SC 29405-2413 Council on Environmental Quality 1979 N,@ PrOPGrtY Of CSC Library For sale by the Superintendent of Documents, U.S. Government Printing Office, I '1, .1 - II Washington, D.C. 204Ci2 @ .1 Stock Number 041-01 I-OM41-6 Foreword Off-road vehicles are here to stay. The reason thanks to the research efforts of several federal is simple: they provide recreation to millions of agencies--especially the U.S. Forest Service, the Americans. But off-road vehicles also damage U.S. Geological Survey, and the Fish and Wildlife natural resources-soils, vegetation, wildlife, and Service. watersheds. This report shows that these vehicles More study is needed, but not as a substitute continue to disturb other people such as picnickers for action. Section 9 of Executive Order 11989 and hikers, who constitute the majority of outdoor unequivocally states that recreationists, according to the statistics of the Heritage Conservation and Recreation Service. the respective agencies head shall, whenever he determines Of course, the extent of off-road vehicle damage that the use of off-road vehicles will cause or is causing con- and conflict with other users of the land varies siderable adverse effects on the soil, vegetation, wildlife, wild- greatly from place to place across the nation, but life habitat or cultural or historic resources of particular areas overall, the Council on Environmental Quality or trails of the public lands, immediately close such areas or sees the off-road vehicle problem as one of the trails to the type of off-road vehicle causing such effects, until such time as he determines that such adverse effects have been most serious public land use problems that we eliminated and that measures have been implemented to pre- face. vent future recurrence. Therefore, ways must be found to accommo- date off-road vehicles without sacrificing the in- Full compliance with the Executive order will tegrity of the natural environment or the rights require cooperation from the off-road vehicle in- of those who choose nortmotorized forms of rec- dustry and the goodwill and cooperation of the reation. off-road vehicle user organizations as well. And Federal agencies began to control off-road ve- land management agencies responsible for areas hicles on the public land seven years ago in re- of intensive off-road vehicle use will need to make sponse to growing concern about their adverse new efforts to monitor impacts and enforce nec- effects. As this report from an independent con- essary restrictions. sultant makes clear, the federal government still Positive policy commitments by the federal land has a long way to go before the off-road vehicle management agencies are essential. Two exam- use of land under its care is in harmony with other ples of successful off-road vehicle management uses. programs are found in the State of Washington The report states that the two major federal and the Tennessee Valley Authority. In both in- land management agencies-the Bureau of Land stances separate trail systems specifically designed Management and the Forest Service-have been for off-road vehicles have been developed. For slow to grapple with the off-road vehicle problem. the major federal land management agencies, a But they are now integrating off-road vehicle use key question is who should pay for the mainte- into their land use planning processes in response nance and rehabilitation of such special off-road to two Presidential Executive orders, which have vehicle facilities. Mr. Sheridan, at the close of his report, recommends that the off-road vehicle provided guidelines needed for intelligent man- agement of off-road vehicles within the multiple owners themselves should pay, much as fishermen use context. Some particularly fragile areas of the and hunters pay for resources which they use public land have in fact been closed to off-road through the Dingle-Johnson and Pittman-Rob- vehicles. Most crucially, we now possess a much ertson programs. We think this suggestion merits firmer scientific base of facts for understanding careful consideration. the long-term environmental consequences of off- Today's conflict over off-road vehicle use of road vehicle use than we did seven years ago, public lands typifies our times. As our population iii expands, as we pave more open land, and as de- and strong but fair enforcement of off-road ve- mand for outdoor recreation mounts, the com- hicle regulations. The Council on Environmental petition for recreational land grows keener. At Quality stands ready to help government agencies times the conflict has been bitter, with interest and the public achieve these objectives. groups on both sides jostling for more space. But we think that the problem is soluble. The keys are p atience, broadly based public participation in government planning and decisionmaking, ad- CHARLES WARREN equate separate facilities for off-road vehicles, Chairman iv Preface Off-road vehicles are an extremely touchy mobile races in the dead of the northern winter a issue. In fact, of the several issues which arise truly masochistic idea but found dirt biking al- out of public land use decisions-grazing, surface most as exhilarating as downhill skiing or hang mining, water diversion, forest cutting, and wil- gliding. Somehow, the environmental implica- derness designation-none, in this author's expe- tions of ORVs and snowmobiles had escaped my rience, is as volatile as off-road vehicles. notice. Even the term itself, off-road vehicles or In the course of reviewing the available ORV ORVs, is subject to controversy. More often and snowmobile literature, I have sought to than not the term is used to cover all motorized achieve an objective analysis, realizing, however, vehicles which travel off-road for recreational that this is extremely difficult in a subject as purposes-motorcycles of various sorts (mini- value laden as ORVs and snowmobiles. When a bikes, dirt bikes, enduros, motocross bikes, etc.), draft of this report was sent for comment to land four-wheel drive vehicles such as Jeeps, Land managers, environmentalists, and off-road vehi- Rovers, or pickups, snowmobiles, dune buggies, cle enthusiasts, special care was taken to evaluate and all-terrain vehicles. Snowmobilers, however, each criticism in light of the available scientific object to being lumped into a general category facts. Revisions were made where the facts dic- labeled ORVers. They have a point. Because tated.The report benefited from these critiques, snowmobiles are usually driven on a layer of although controversy about ORVs is so hot that snow, their environmental effects are qualita- many are bound to take issue with the report's tively different than those of off-road vehicles conclusions. At the very least, I hope that I have which come into direct contact with the ground. fairly aired the differing points of view. Also, snowmobiles operate in the winter, when In the conflict between motorized and nonmo- the competition for space among recreationists is torized recreationists, both sides invoke what generally less than in other seasons. they feel are their fundamental rights. Nonmotor- Therefore, in this report, the term off-road ized recreationists, especially the ones who seek vehicle or ORV does not include snowmobiles. It does include those vehicles which are designed peace and quiet, demand freedom from these primarily for off-road use and whose tires or machines while motorized recreationists demand treads run on the ground-motorcycles, four- a place to enjoy their machines. But there is a wheel drive vehicles, dune buggies, and so on. In third party involved in the conflict-the land, the few instances where it has been necessary to specifically, the land which is held in trust for all discuss ORVs and snowmobiles as one statistical U.S. citizens by our agent, the federal govern- group, the term "motorized recreation" is used. ment. Of course, the land is silent. It cannot This is not to say that snowmobile use of the speak for itself. At the end of my research, I public land is ignored or that it is without reached one inescapable conclusion: Too few problems. From a national perspective, however, federal land managers are effectively represent- it does not pose the same magnitude of problem ing the interests of the land and the plants and for the public land as does ORV use. creatures who live upon it. Before I embarked on this project, my pre- However, there are some strong-minded civil vious encounters with the subject were limited to servants who have worked conscientiously to covering the 1965 Winnipeg to St. Paul, Minne- protect the public lands from damage by off-road sota, Snowmobile Race for the Minneapolis Trib- vehicles and in the process have incurred the une and 2 days of dirt biking in Mexico in 1971. displeasure of special interest groups and some- My opinions on the subject were confined to times even their own agencies. They deserve those two experiences: I thought 400-mile snow- acknowledgment: v Robert J. Badaracco, Bureau of Land Arthur J. Hayes, Bureau of Land Management Management John Heywood, Bureau of Land Management Brian Booher, Bureau of Land Management Dennis Holland, Fish and Wildlife Service Stew Branson, Bureau of Land Management Richard Kuehner, Bureau of Land Management Kristin H. Berry, Bureau of Land Management Randall P. Legler, Jr., Bureau of Land Allen Copperrider, Bureau of Land Management Management Monty E. Montagne, Forest Service Gary Cummins, Bureau of Land Management John K. Nakata, Geological Survey Mark A. Dimmitt, Bureau of Land Management William Radtkey, Bureau of Land Management Paul Farrens, Bureau of Land Managemenf J. V. Remsen, Jr., Bureau of Land Management A. Claude Ferguson, Forest Service Craig Taggart, Bureau of Land Management Robert Gilmore, Fish and Wildlife Service Craig Tocher, Bureau of Land Management John A. Hall, Bureau of Land Management Howard Wilshire, Geological Survey vi Contents Page Foreword ........................................................................... iii Preface .............................................................................. v Part 1: The Issue ................................................................. I Growth of a Phenomenon .................................................. I ORV Benefits .................................................................. 3 Motorized Recreationists-Who Are They? ........................... 6 Environmental Costs ......................................................... 7 Back Bay National Wildlife Refuge ................................ 12 Land Between the Lakes .............................................. 13 Panoche Hills ............................................................. 15 Dove Springs Canyon .................................................. 15 The Destruction of the California Desert ........................ 17 Damage Beyond the Desert .......................................... 22 The Impact of Snowmobiles .......................................... 26 Conflicts with Other Users ................................................. 29 Motorized Recreation and the Energy Crisis .......................... 34 Part 2: ORV Policy .............................................................. 36 The Federal Reponse ........................................................ 36 Interior Department Task Force .................................... 37 BLM's Resp(,nse ........................................................ 39 The Forest Service's Response ...................................... 40 Other Federal Agencies ............................................... 43 Legislative Background ................................................ 44 Executive Order 11989-Controversy and Confusion ......... 44 Have the Executive Orders Been Implemented? ............... 46 The States' Response ......................................................... 49 What Is To Be Done? ....................................................... 51 Recognize Magnitude of Enforcement Problem ................ 52 Determine How Public Wants Land Used ....................... 54 Stiffen the Federal Land Managers' Backbones ................ 55 Separate Motorized Recreation from Other Uses .............. 55 Monitor ORV Effects .................................................. 56 Develop Facilities Through Pittman-Robertson Kind of Approach ............................................................... 57 Reclaim ORV-Damaged Land ..................................... 57 Notes ................................................................................ 60 Appendices 1: Executive Orders 11644 and 11989 ................................. 68 2: An Annotated Bibliography of the Effects of Off-Road Ve- hicles on the Environment, by Robert H. Webb and Howard G. Wilshire ............................................................ 70 3: Estimated Motorized Recreational Fuel Consumption ........ 83 4: Department of the Interior News Release, May 26, 1977 .... 84 vii PART 1: The Issue GROWTH OF A PHENOMENON Thus far, development and production of off-road vehicles has moved faster than our regulatory, management and legislative machinery.' J.R. Penny, California State Director, Bureau of Land Management, 1971 It began, oddly enough, in a bomb-shattered wasn't a copy of anything."' By 1971, Honda had section of Hamamatsu, Japan, in 1947. There, in captured over half of the growing U.S. motorcy- a board shack, Soichiro Honda, a 41-year-old cle market.' mechanic and college dropout, removed a small But Honda's success involved much more than motor from a war surplus field generator and good technology. Honda recognized that if large strapped it to a bicycle. He sold enough of these numbers of Americans were going to buy a improvised motorbikes to exhaust the supply of motorcycle, it would be for recreation rather surplus generator engines. He was soon designing than transportation. The trouble was that motor- his own motorbike and motorcycle. Throughout cyclists had a bad image in the United States. the 1950s, Honda and his employees advanced The public mind associated them with leather- the art of making and selling lightweight, high jacketed thugs such as the Hell's Angels. Holly- performance, and economical motorcycles.' wood reinforced this image with popular movies By 1960, Honda was marketing in the United such as "The Wild One" (1953), starring Marion States a 50 cc motorcycle for less than $300 when Brando. So Honda mounted a massive advertis- most motorcycles cost $1,500 or more. People ing campaign, depicting well-scrubbed, respecta- riding the Honda "dream" machine could travel ble people riding motorcycles for the pure fun of 55 miles per hour for 180 miles on 30 cents worth it. In 1964 and 1965, Honda cosponsored the of regular gas.' Or, if the spirit moved them, Academy Awards ceremonies on national televi- they could cut off the road and drive the open sion.' Never before had a motorcycle sales pitch countryside; unlike the big motorcycles being been made to such a broad audience. There they built by American, British, and German firms at were, youthful, definitely middle-class Americans the time, the Honda was light and durable climbing on their motorcycles and barreling down enough to take over rough terrain, and unlike highways, which always seemed to be empty, and the motorbike, it was powerful enough. In 1961, down lonely country roads and crossing fields, the director of a prominent British motorcycle splashing through streams, and hurdling hilltops. manufacturer reported: "When we stripped the Motorcycles took hold fast in the 1960s. At the machine (Honda), frankly, it was so good it beginning of the decade, there were fewer than frightened us. It was made like a watch and it 400,000 registered motorcycles in the United States. Registrations jumped 279 percent during son, some 265,000 were sold throughout North the next 10 years, compared to a 40 percent rise America; the 1970-71 season saw sales of 572,-. in automobiles.' By 1976, there were 8.3 million 000." The snowmobile explosion had ignited. motorcycles in use in this country.8 Some 5.4 Today, there are an estimated 2.2 million snow- million, or 66 percent, were used off-road at mobiles in operation in the United States and some time.' Honda still ranks first, with 38 about 1 million in Canada." percent of the market, but today there are more These machines spread swiftly throughout the than 50 motorcycle manufacturers and hundreds, snowbelt, especially in the smaller cities and of different models. The Japanese dominate the towns. An elaborate advertising effort to stimu- market-Yamaha, 20 percent; Kawasaki, 17 per- late demand was not necessary-apparently a cent; and Suzuki, 12 percent. Harley-Davidson built-in demand already existed. The snowmobile (U.S.) has 7 percent; BMW (German) and soon became the social outlet during the long Triumph (British) less than 1 percent." winter, the business venture in such places as St. Today's motorcycle advertisements stress Johnsbury, Vermont; Boonville, New York; Ea- either the sex appeal of youthful motorcyclists- gle River, Wisconsin; Fergus Falls, Minnesota; male or female but usually male-or wholesome- Ironwood, Michigan; and West Yellowstone, ness of the family-oriented, outdoorsy motorcy- Montana. "These are the towns that froze up and clist. In the latter category, a recent Suzuki ad is shut up back in the old days."" In fact, the fairly typical. It shows a man, a woman, and a snowmobile's popularity advanced so rapidly that young boy all riding their own Suzukis along a the carcasses of wornout and abandoned snow- dirt trail against a green backdrop. The headline mobiles became a more common summertime reads: "How to beat around the bush with your sight in the rural northland than junked cars." family." And beneath this is the copy: The phenomenal growth in motorcycles and Just put your gang on Suzuki's DS trail bikes. And head for snowmobiles peaked in about 1973. Since then, the boonies. Doesn't matter where you go. Peaks or valleys, new .registrations .have either declined from the it's all the same to these rugged off-road machines. Tractoring previous year or increased more gradually than up a hillside or going flat-out on a dry lake is no sweat.... before 1973. The absolute number of motorcycles [T]hese fun-bikes are very affordable. Which means your and snowmobiles in operation continues to rise, family can beat around the bush without beating up the family however. budget." Figures on other types of off-road vehicles are .In a recent Kawasaki ad, three young women less certain. There are probably about 250,000 and two young men relax in a woods clearing. dune buggies in operation in the United States. Their Kawasakis are parked around them. Be- The number of four-wheel drive vehicles (4x4s) hind a tree in the background, a black bear peers is not known, but there certainly must be more out. The headline reads: "Does a Kawasaki go in than 3 million. Of this number, perhaps half are the woods?" The copy has a familiar ring: used regularly for off-road driving. Other off- road vehicles include half-tracks and air boats It's a jungle out there. And sometimes it's a desert. Or a (for swamp travel), all terrain vehicles, and mountain pass. Or just a cow trail. But it's 'all home to us. minibikes (not included in the motorcycle fig- Kawasaki enduro bikes are built to cope with the only thing ures). All together, there are probably 10 million you can expect in the boonies. The unexpected.... Whether off-road vehicles and snowmobiles in the United you'.re aIpro. Or just a babe in the woods." - States today. Of course, conventional vehicles The refinement in the 1950s in Germany of the such as automobiles and 2-wheel drive pickup relatively light, 2-stroke internal combustion en7 trucks are driven off-road at times as well. The gine which produces more horsepower per pound focus here is on those vehicles whose primary of engine weight than the traditional 4-stroke purpose is off-road travel. engine made the mass production of snowmobiles Four-wheel drive vehicles are the hottest items practical." Heretofore, snowmobiles had been on the ORV market today. In the last 4 years, large, expensive, and custom made for special the sales of American-made 4x4s have increased uses. J. Armand Bombardier of Quebec seized 96 percent, with 776,808 sold in 1977.11 Mass the opportunity and built the first commercial media advertising of 4x4s has expanded, too, and snowmobile'. In 1959, Bombardier, Ltd., sold 259 it has followed the path blazed by the motorcycle vehicles. Other manufacturers soon joined the industry. The vehicle's ability to scale hills, cross field and business boomed. In the 1968-69 sea- streams, and traverse rough open land is trum- 2 peted. In a current television ad for an Interna- passes some more traditional outdoor activities tional Harvester Scout, for instance, we see this such as sailing-19.1 million or 11 percent of the big machine perform remarkable feats. It makes population-and yet hiking with a backpack is 90 degree turns at full speed on loose dirt- more popular than motorized recreation--48.1 throwing up a cloud of dust in its wake. It wades million or 28 percent. Walking or jogging at- through axle-deep water. It ascends steep, boul- tracted 116.1 million, or 68 percent of the Amer- der-strewn slopes. It even jumps the crests of ican public. Or to look at a specific activity: some hills, with all four wheels actually leaving the 13.8 million Americans (8 percent) went snow- ground. A current Dodge truck commercial mobiling, more than went downhill skiing, for shows its vehicle in a somewhat less acrobatic example-11.9 million or 7 percent-but a tradi- light than the Scout but capable of just as much tional wintertime activity, sledding, attracted 35.5 environmental havoc-churning up soils on wet million people (only persons over 12 years Wd hillsides, plowing through wild streams, etc. In were counted in the survey), or 20 percent of the another TV ad, a 4-wheel drive Subaru chases population. Moreover, snowmobiling is no longer mountain sheep across a rocky landscape. the fastest growing wintertime recreational activ- From the standpoint of public land manage- ity; cross-country skiing is, and some recreational ment, the initially important characteristic of the planners expect that it might surpass snowmobil- motorcycle, 4x4, and snowmobile boom was that ing in popularity within the next decade, al- it struck without warning. Recreational planners though it still accounts for less than 1 percent of and economists who specialize in the use of the population." natural resources for recreation did not anticipate In sum, motorized recreation continues to the phenomenon; nor did they fully grasp its far- grow but within a social context that features the ranging significance once it was underway. For growth of many other recreational activities, new example, in Resources for the Future's Land and old. Americans appear to be spending an and Water for Recreation, published in 1963 and increasing proportion of their leisure time out- considered the magnum opus on the subject, doors. They are riding off-roiad motorcycles, there is no mention of these vehicles nor recog- 4x4s, and snowmobiles more than ever, but they nition of the very difficult land use conflicts are hiking more than ever as well. Motorized which their use entails. Motorized recreation is recreation is riding the crest of an even larger not included in the Bureau of Outdoor Recrea- wave-recreation. tion's (Department of the Interior) Selected Out- door Recreation Statistics, 1971, not even in the section on projected recreation activities through the year 2000. The Department of the Interior's ORV BENEFITS Outdoor Recreation, the first nationwide outdoor recreation plan, released in 1973 with consid- erable fanfare, barely mentions motorized Dirt biking is the last haven for those contemporary young recreation. men and women who feel that golf and bowling and television In other words, the public land managers were baseball are poor excuses for exercise, a boring and feeble ill prepared for the onslaught. This was particu- kind of fun. larly unfortunate because over half of all the off- Lee Gutkind. writer road motorcycle, 4x4, and dune buggy driving in and motorcyclist, 1973, the nation takes place on federal land. Indeed, over half occurs on land managed by one federal For many ORV users, the ORV experience presently provides agency-the Bureau of Land Management the only method by which they can escape the tedium of (BLM).19 modern urban living. Frequent escape from urban existence is According to a recent survey commissioned by ... a necessity that many people find essential to maintaining the Heritage Conservation and Recreation Serv- a reasonable standard of mental health." ice, some 43.6 million Americans engaged in R.D. Morgenthaler, some form of ORV activity in 1977, including President. Trail Division, snowmobiling. Although this statistic, along with Northwest Motorcycle the others previously cited, is certainly impres- Association, 1976 sive, it is important to keep it in perspective. Motorized recreation gives pleasure to millions Motorized recreationists represent 25 percent of of Americans. That is its greatest benefit. There the population. Motorized recreation now sur- are also certain economic benefits derived from 3 ORV and snowmobile recreation. For the most aesthetic and more gregarious, more visceral, part, these benefits accrue to the people and although ORVers appear to share with hikers firms who make the equipment and those who and other nonmotorized recreationists a desire to sell them. In addition, communities in areas get away from confining jobs and urban life and which attract riders enjoy a certain influx of into wilderness and open spaces. dollars. For example, gas stations, restaurants, According to a theory at least as old as and motels in communities such as Gorman, Immanuel Kant, a purely aesthetic experience is California, or Webb, New York, benefit from possible only in the presence of something which money spent by people who visit those areas for provokes no reaction other than contemplation., motorized recreation. The overall economic ben- By this measure, ORV riding is not primarily an efits of this recreation have never been deter- aesthetic experience-its pleasures lie elsewhere. mined. In considering the national economic Perhaps, though, this is too narrow a perspec-- benefits of motorized recreation, we have to tive. A trail bike rider in a forest, for example., remember that large numbers of ORVs are may stop to enjoy the sight of a mountain imported and therefore represent a negative waterfall before barreling up a 20 degree incline factor in the nation's balance of payments. A few for the sheer muscle-throbbing sensation of it. To efforts have been made to assess the regional him, it is the combination of the two different economic benefits of motorized recreation.3 experiences which make trail riding pleasurable. One study of ORV and snowmobile economic Another off-road motorcyclist may be content to impacts in the Upper Great Lakes region (Min- roar about in an abandoned quarry doing "wheel.- nesota, Wisconsin, and Michigan) concluded that ies," figure eights, and so on, completely obli.- "the current state of knowledge is still too vious to his natural surroundings. A four-wheel fragmented and contradictory to make economic drive owner may take his vehicle off-road solely analysis at the regional level possible."' The as a means of transport into the backcountry for authors did observe, however, that within the hunting or fishing. For him, the trip itself in the upper tier of counties in the region, a prime 4x4 may be simply a matter of getting from here snowinobiling area, "[pleople are spending to there and back as quickly and conveniently as hundreds of millions of dollars in the enjoyment possible. The rewards and motivations of ORV of this new form of recreation. The increase in riding or snowinobiling are sufficiently varied the overall level of business activity is modest, that one should be wary of the generalization of but significant, especially in a region which is social scientists who seek to pigeonhole the concerned about a lack of employment opportu- experience. nities and slow economic growth. . . . Snowmo- It is true, however, that popular authors who biling is .particularly interesting.... This activity have sought to evoke the joys of ORV and utilizes many facilities, including everything from snowmobile riding have emphasized the physical ealing establishments to recreation land, which sensations of the experience. Sally Wimer, for would otherwise be only infrequently used . - - example, wrote: and occurs at a time when seasonal unemploy- ment is likely to be highest."' Use your body to maneuver your machine up the side of a What is it that people enjoy about motorized mountain or around a sweeping turn. It's the skill of the recreation? When asked this question in polls, driver that makes the snowmobile perform, makes it glide ORV enthusiasts most often answer: family to_ and drift and speed. getherness, escape from civilization, and comrad- it's maneuvering the snowmobile that makes you feet young, ery with their fellow ORVers.1 Surveys in the that gives you a new involvement outside of yourself and your work. field have demonstrated that the majority of ORV recreationists are with members of their Author Lee Gutkind provides this account of family.27 ORV enthusiasts also say that the an off-road motorcycle romp near Red Lodge, "sights, sounds, and smells of nature" are impor- Montana: * tant to them. For example, in one California Suddenly, he was flying and his shoulders were so light he survey, off-road motorcyclists consistently ex- could hardly feel them. The Indian [a brand of motorcycle] pressed an appreciation for the beauties of na- bellowed as it bounced over the sage, and folded down the ture. 28 ORVers, however, do not value solitude yellow grass on either side of the wheels. and quiet as highly as non-ORV recreationists, especially hikers. 19 The nature of the ORV Reprinted by permission. Copyright (9 Follett Publishing experience seems to be less contemplative, less Company. 4 . . . He felt the breath of the wind. He felt the hard rubber form kind destroys the intensity and flow of a handle grips scratch his palms. . . . He jetted off across the man's animal spirits."' Even the drudgery of prairie for a while, breathing in the red dust that the wind farm work afforded a person some variety and and his wheels were kicking up, and then coughing it out therefore some refreshment. Factory and office again. He trampled the sagebrush at first and then started work offered almost none. But the Industrial playing loop games around each clump.... Revolution actually reduced the time available Before he knew it, he had run into some "whoop-de-do" for recreation. With increasing prosperity and jumps-a series of brief hills, about 25 feet apart. He cranked labor militancy, however, this situation began to on, climbed the hill, and disconnected from the ground, landing about four or five feet down on the other side of the change, at least within the United States. More next hill. He stood up on his pegs and wedged his hands time was allotted to refresh human "strengths tightly against the handlebars, so that his arms shot straight and spirits after toil." The problem then became out from the handgrips, and cranked it on some more. Each how to fill that time. time he hit the top of a hill, his wheels left the ground and his There came a cornucopia of relatively new stomach ricocheted into his throat. . . . [H]c saw himself diversions for people: mass entertainment and streaking through the sky, floating silently through that part spectator sports on a scale unequaled since Ro- of the universe where there was no gravity nor civilization to man times, hobbies such as photography, and build gates and tall buildings or concrete roads. participant athletics such as skiing, tennis, golf, The hills ran out and he was over the prairie again, grounding indoor bowling, ORV riding. These, combined down the sagebrush with the wheels of his machine." with the more ancient forms of recreation such When ORVers are asked what kind of terrain as angling, cards, and dancing, provide present they prefer, they invariably say hilly and rolling day Americans of moderate income with an terrain. More than anything else, they like land astonishing range of choices. that will challenge them and their machines, land To fill part of their allotted time for recreation, that is varied and allows the greatest freedom of 43.6 million Americans choose ORV riding or movement .32 snowmobiling. By all accounts it revitalizes "the In considering the benefits of ORVs or of the intensity and flow of a man's animal spirits." nonmotorized forms of recreation with which That ORV riding is less or more an aesthetic ORVs sometimes clash, this report takes the experience than some other form of recreation view of the National Academy of Sciences 1968 does not diminish or enhance its value as a Conference on Recreation: "[T]he traditional source of recreation for people. Indeed, in to- view that human activities in the pursuit of day's pluralistic society, who is to say which recreation are a form of indulgence having mar- forms of recreation are superior to others? Is ginal status among the concerns of society is no planting tulips in your backyard a more worthy longer tenable."" In other words, recreation is a endeavor than playing bingo at the parish basic human need. church? Is it better to listen to Conway Twitty or The verb "recreate" comes from the Latin a Mozart string quartet? These are clearly choices recreare, which means create anew, restore, re- for the individual to make. fresh. In more primitive societies, fulfillment of Of course, income distribution in a society this need is woven into the very fabric of every- determines to a large extent the recreational day life so that it becomes an unconscious part of options open to different individuals. Society may almost every human activity-food gathering, intervene more directly when it decides that a healing, worship, decisionmaking, etc. The more certain form of recreation is morally repugnant. advanced a society becomes, as sociologist Dog fighting, for example, which is no longer Jacques Ellul has observed, the more each hu- tolerated, was a major form of recreation in man activity becomes rationalized, that is, it is Victorian England. made a separate entity and consciously structured In regard to recreation today, our society's to achieve a primary purpose. 34 In such a society, principal concern is utilitarian: the greatest good therefore, specific times have to be set aside to for the greatest number. And as John Rawls has recreate so that this human need does not inter- made clear, much more is involved in the appli- fere with the fulfillment of other social functions, cation of this principle than crude arithmetic. " especially economic ones. Society must be concerned, for example, with the The Industrial Revolution greatly accelerated allocation of scarce resources, in terms of both this process of specialization. In so doing, it efficiency and fairness. A major utilitarian con- created an even greater need to recreate. As cern with ORV recreation is the destruction of Karl Marx warned: "Constant labor of one uni- natural resources caused by these vehicles. An- 5 other is the infringement of other people's rights that in this region at least, ORV owners (snow-. to recreate. Another is the alternatives available mobilers were included) are more likely to live in. to ORV users. These are questions which occupy small towns and rural areas.' the bulk of this report. Political scientist A.E. Keir Nash, who has; surveyed ORVers in California and Washington, emphasizes the educational differences between nortmotorized "wilderness users" and off-road. MOTORIZED riders. The former are "distinctly more educated, S and either in higher status occupations or in _1D%_11u:,CP,EATIONIST college, and preparing for such occupations, than the riders."" Nash adds: "If there is a modal rider (a much -WHO A',DJ'uL,,THEY, more satisfactory term to use than 'average'), it is, at least in Washington and Southern Califon. You have to be very careful about elitism on an issue like nia, a high-school graduate, in his twenties,, [ORVs] . . . these are the blue-collar people, the beer engaged in a mechanical but fairly skilled occu-. drinkers, the football fans. This, for theIm, is a major form of pation or in the construction-trade.""' entertainment." This much can be said about the "modal" or Two upper level Nixon typical ORVer. The typical ORV rider is more Administration officials, quoted likely to be male than female. He is most by John Fialka, Washington Star, certainly white-black or Hispanic participation 1972 in ORV recreation is thought to be extremely Political scientist Ralph Maughan, Idaho State low. He is probably married and earns an income University, and social factors analyst David Dun- of between $10,000 and $20,000 per year. He has can, Bureau of Reclamation, recently studied the a high school education, and perhaps some col- socioeconomic characteristics of motorized and lege. The average ORVer's occupation and place nortmotorized recreationists in Idaho. They found of residence (urban or rural) remain unknown. that the commonly held view that backpackers, His age is somewhere between 20 and 40, al- nature hikers, tent campers, cross-country skiers, though large numbers of ORVers well below and etc. are younger, richer, more urban, and more above these ages have been noted. Some regional likely to be single than motorcyclists, four-wheel- demographic studies have shown that motorcycle ers, and snowmobilers was unsupported by the off-roaders tend to be somewhat younger than facts. The one major socioeconomic difference four-wheelers. The four-wheelers are considered between the two groups in Idaho is that the to be the more affluent. I nonmotorized recreationists have a considerably A survey by Motorcyclist Magazine showed its higher level of formal education. Maughan and readers to be young (median age 23), male (97 Duncan actually found that ORVers have a percent), reasonably affluent (median household slightly higher income level than the nonmoto- income-$17,400). Some 63.5 percent owned rized recreationists. Otherwise, in terms of age, their own homes. They had an average education marital status, place of residence, there were no (33.2 percent attended college). " discernible statistical differences .38 The Motorcycle Statistical Annual of the Mo- Maughan and Duncan concluded: "The argu- torcycle Industry Council gives the following ment that those who prefer to visit the outdoors profile of the motorcycle owner: in a jeep, on a motorcycle or snowmobile are 90 percent male somehow more 'average,' 'cornmon,' 'real Amer- median age 28 ican,' or some other such phrase should be 60 percent are married recognized for what it is-a bit of political 30 percent attended college rhetoric. In Idaho, at least, this argument has median household income-$14,260.' little basis in fact. 11311 In the previously mentioned The most common occupations for motorcy- study of ORV recreation in the Upper Great clists are "student" (22.5 percent) and "profes- Lakes Region, there also appeared to be little sional/technical" (20.2 percent).' difference between ORV owners and non-ORV The West has the highest per capita ownership owners in terms of age, marital status, income, of motorcycles-5.1 per 100 persons-with Idaho or occupation. The study did reveal, however, having the highest for any state-9.6 per 100 6 persons. National per capita ownership is 3.9 per the wounds will heal naturally; in others they will 100. California, with 4.5 motorcycles per 100, has not, at least for millennia." the largest total number of any state-950,000."' Remnant wild and semiwild areas near urban Of the 8.3 million motorcycles in the United environments in the West have been particularly States, two-thirds were made for off-road use or hard hit by ORVs. One scientist reports: "The a combination of off-road and on-road use. In desert countryside in the immediate vicinity of 1976, some 5.4 million motorcycles were used the Las Vegas and Phoenix airports is marked off-road at some time. Of these, 651,500 were in with ORV tracks that look like a tangled skein of California, 329,600 in Texas, 300,900 in Michi- yarn. From the air, hillsides, vacant lots, stream- gan, 244,400 in Pennsylvania, and 229,900 in border growth, and other patches of nature are Ohio. I becoming scarred with ORV trails. Nearly every Over 70 percent of the snowmobiles in the town now in the West seems to have its motor- United States are found in the Northeast and the cycle shop and scarred hills and valleys."" states of Michigan,, Minnesota, and Wisconsin.' Federal lands have borne a disproportionate The regional distribution of 4x4s is not known, share of the damage. State lands are far less although the West is thought to have a higher extensive; in addition, some state's have either per capita ownership. prohibited ORV use on their lands (Indiana) or In sum, the demographic picture of ORVers is have restricted their use to designated trails spotty. The available evidence suggests that the (Massachusetts). And the federal government has typical ORVer is definitely not a middle-aged been more willing to open the lands which it wife of a machinist in Dayton, Ohio, as Scammon manages for the American public to ORVs than and Wattenburg described the average voter in have private landowners. For example, in Texas The Real Majority. The profile of the typical public land is relatively rare, so tens of thousands ORVer, or for that matter of the snowmobiler, is of Texans travel 2 or 3 hours to New Mexico, yet to be filled in. Perhaps it is not all that where public land is abundant, in order to drive relevant. The important thing is that a large their ORVs.1 In southern California, private number of citizens are ORVers or snowmobilers, landowners in San Bernardino and Riverside that many of them have invested a share of their Counties successfully lobbied for ordinances re- incomes in the pursuit of this form of recreation quiring ORVers to get their permission before (some as much as 10 percent according to one riding on their'land. " No such requirement exists study"), and that the use of their machines can on the BLM-managed land in these counties. cause serious land management problems. Similar ordinances have been passed in counties in the snowbelt. -' The National Forests in the region, however, are open to snowmobiles unless otherwise designated, which means in most cases ENVIRONMENTAL that they are open. Off-road motorcyclist Thierry Sagnier notes that "virtually every county, every area, and COSTS every town that sells motorcycles has at least one if not more 'secret places' where bikers and others trash their machines in relatively wild The widespread use of off-road recreational vehicles (ORVs) abandon, heedless of any threat save that of an is causing significant impacts on the nation's land and water occasional police raid when the noise gets too and its native plants and animals." loud for the good citizens."" If the area is in the The Geological Society West, then the place is probably not very secret, of America, 1977 and more likely than not it is publicly owned ORVs have damaged every kind of ecosystem land. In the East, it is probably private and the found in the United States: sand dunes covered bikers are probably trespassing. with American beach grass on Cape Cod; pine Snowmobiles may be the exception. In the and cyprus woodlands in Florida; hardwood for- early years of snowmobiling, trespassing on pri- ests in Indiana; prairie grasslands in Montana; vate land was epidemic.' One report noted that chaparral and sagebrush hills in Arizona; alpine the making of "No Trespass" signs had become meadows in Colorado; conifer forests in Wash- a growth industry in the snowbelt because of ington; arctic tundra in Alaska. In some cases, snowmobiling.59 In recent years, however, large 7 id, _1Z A&# "'F, -Ip @Kf 7A numbers of snowmobilers have organized into reason is simple: a person is more likely to buy clubs, and the clubs negotiate permission from an ORV if he has some place to drive it; the landowners for the rights of passage along a presence of federal land, especially BLM- or particular route. In some cases, the landowners Forest Service-managed land, in the vicinity of a charge a fee; sometimes they do not. Some would-be ORV consumer assures him that there snowmobile clubs throw banquets for cooperative will be open space upon which he is free to roam - landowners at the end of the season. Studies Thus federal land policy has been an important have shown that landowners are much more stimulant to ORV growth. Because the federal likely to grant permission to an organization of government has allowed ORVers to consume snowmobilers than to individuals." Trespass by public resources free of charge, the general snowmobile has declined of late, and it is consid- public has in a sense subsidized the ORV phe- ered much less of a law enforcement problem nomenon. than it once was .61 A second consequence of federal land policy The ready availability of federal land has has been to discourage private enterprise from profoundly shaped the ORV phenomenon. Per meeting ORVers' demand for land. Commer- capita ownership of ORVs is significantly higher cially developed ORV areas are extremely rare. in areas that possess a lot of public land." The Even in the Los Angeles area, where the greatest 8 concentration of ORVs anywhere in the United It is because ORVs attack that relatively thin States is found, there are less than half a dozen layer of disintegrated rock and organic material commercial ORV parks. to which all earthly life clings--soil-that they Environmental damage of public land by ORV can have such a devastating effect on natural recreationists is an external cost. The general resources. public pays for the benefits enjoyed directly by The U.S. Geological Survey has conducted an the quarter of the populace who partake in ORV 18-month study of the physical response of the riding. Of course, the general public probably land to ORV use. More than 200 ORV sites have gains some indirect benefits when such a large been examined in three states (California, Utah, segment of the populace fulfills its recreational and Nevada), in climatic zones ranging from and needs. It has not been proven, but maybe there to temperate, with corresponding variations in is less absenteeism, divorce, juvenile delin- vegetative cover. The Geological Survey docu- quency, alcoholism, and drug addiction because mented the physical response of at least 500 of the refreshment provided by ORV recreation. types of soils and rock to vehicle use by photo- R.D. Morganthaler and other ORV enthusiasts graphic methods, by several thousand soil argue that ORV recreation strengthens family strength measurements, and by several hundred ties and that without it, these ties would be bulk density, soil moisture, soil temperature, and weakened in a significant number of cases, or, in erosion profile measurements. U.S.G.S. found the extreme, even shattered.' Of course, ORVs that all the soil types examined are vulnerable to are not the only recreational outlets available. If, ORV damage, except certain dry-lake deposits for whatever reason, the opportunity for ORV (if not driven on after a rain) and some clay-rich riding diminishes, people will, to a certain extent, soils on low slopes (less than 10 degrees). " turn to other recreational pursuits. But the ques- There seem to be two basic soil responses to tions are whether they will enjoy comparable ORV use. One, sandy and gravelly soils are physical and psychological rewards from those susceptible to direct quarrying by ORVs, and alternative pursuits and at what social and eco- when stripped of vegetation they are susceptible nomic costs. The research to date on the whole to rapid erosion processes-usually by rill and matter of "substitutability" among recreational gully erosion." Near Santa Cruz, California, for activities and its effects is inconclusive. Much example, ORV trails used for about 6 years are more needs to be known before we can draw any now gullies 8 feet deep. " Two, more clay-rich conclusions. soils are less sensitive to direct mechanical dis- Is there a trade-off involved here? Is society placement by ORVs, but the rates of erosion of gaining social benefits at the expense of certain stripped clay-rich soil are much higher under of its natural resources? Probably. Then the ORV use than under natural conditions. Further- question is: Are the benefits worth it? This is an more, ORV pounding of clay-rich soil causes impossible question to answer because the full strong surface seals to form, thereby reducing the social benefits of ORV recreation are unquanti- infiltration of water. This, in turn, leads to fiable. And the environmental costs are only greater rainwater runoff, which causes gullying partially quantifiable-in terms such as tons of lower in the drainage. soil lost or acres of land denuded-because the Once massive soil erosion begins, it will stop value of certain natural resources is beyond only after ORV riding stops and the native estimation. Say, for example, that ORV use in vegetation has had a chance to reestablish itself an area obliterates a species of grass. The genetic and stabilize the soil. In and and semiarid areas, information contained in that plant is gone and recovery is very slow. The same holds true for its value cannot be quantified. hilly or mountainous areas which receive heavy After consideration of the benefits of ORV rainfall, such as Appalachia or northern Califor- recreation, the next step, therefore, in trying to nia. cope with the difficult questions raised by this And what happens when ORVs strip away the phenomenon is to assess the nature of the dam- entire soil mantle, leaving exposed bedrock, as ages wrought by ORVs and ascertain their ex- they have done in numerous spots in California? tent. Then recovery will take millennia. To regenerate First and foremost, ORVs eat land. (The soil over hard bedrock requires thousands of environmental effects of snowmobiles will be years; softer rock provides inorganic soil matter covered in a later section.) faster, but the productivity will depend on the 9 nutrient content of the rock and of the remaining Soil compaction by ORVs is sometimes dra- plants. Topsoil is the organic-rich culmination of matic. In the Mojave Desert, when a scientist this very slow process. Even under optimum tried to shove a knife blade into the ground in an conditions, it may take nature 500 years to area used by ORVs, it penetrated only half an generate an inch of topsoil. In addition, it is well inch, the ground was so hard. Yet, in a nearby to remember that some soils are so old that their area not used by ORVs but of the same soil type, character was formed by climatic conditions the knife went in to the hilt with ease." which no longer exist. Therefore, these soils ORVs destabilize sand dunes, making them cannot be replaced. "' more vulnerable to wind erosion and, in the case In flat, dry areas ORVs expose the soil to of coastal dunes, to sea erosion. Destabilized another powerful erosional force-the wind.61 In inland dunes spill into adjacent nondune areas damp flat areas such as wet prairies or meadows, and windblown sand from them covers land well ORV ruts can turn into drainage ditches-siphon- beyond the area of direct ORV impact. Destabil.- ing off water held in the surrounding area .61 ized coastal dunes tend to break down as the sea While ORVs are pulverizing the surface layer, and wind eat away at them. Hence the land they are also compressing the soil beneath. As a behind them becomes more subject to saltwater consequence, it takes on some of the qualities of flooding." ORVs driven along beaches displace concrete. Under ORV pounding, the subsurface sand seaward and cause increased erosion of the 73 soil's ability to absorb water is greatly dimin- foreshore as well. ished. Hence there is much less moisture avail- In addition, it appears that ORV use causes able to nourish plants and far less water gets desiccation of sand deposits, i.e., the deprivation through to replenish the groundwater supply. In of moisture. So far, the evidence of this effect is addition, the subsurface soil experiences greater observational and not yet quantified. Biologist temperature extremes-becoming hotter during Robert Stebbins reports: "In virtually all sand the day and cooler at night than it would under deposits that I have examined which have not normal conditions .70 been disturbed by off-road vehicle activity there T_T-L7 "A" V r A@11 10 is a trapped moisture layer from several inches to lands which surround lakes as places to stay out several feet in width beneath the dry outer of. Here ORVers leave tracks which last for surface. The moist zone may be at a depth of a years and which disrupt wildlife, a serious prob- foot or so and is crucial to the survival of plant lem because these areas serve as feeding and and animal life of sand deposits.""' nesting grounds for wading birds and other ani- No type of land in the United States can mal species. In addition, endangered species such withstand sustained ORV use without some dam- as ospreys might very well nest nearby." age. However, certain areas are particularly sen- In the Rockies, Bennett reports that alpine sitive. Ecologist Shaun Bennett pinpointed such meadows are especially vulnerable to ORV at- areas in A Trail Rider's Guide to the Environ- tack. He reports that random rides in these lush ment, published by the American Motorcycle areas destroy the plants along with the animals Association. " that inhabit them-pikas, marmots, and ground- In the Northeast, for example, he warns ORV- nesting birds. He also notes that ORVers could ers away from bogs. These "uncommon" envi- cause severe problems in areas inhabited by ronments, he notes, support an unusual community game animals-pronghorn antelope, moose, of plants and animals which are the delight of mule deer, and elk-during the critical calving wildflower enthusiasts and birdwatchers. 16 period in the spring and early summer. The He urges ORVers to stay away from alpine females are under considerable physiological tundras wherever they are found-New England, stress at this time. "The last thing you want to Appalachia, the West-because of the very thin do is to send the female and her new calf running layer of soil in these areas. If an ORV breaks the pell-mell down the trail away from wunder- tundra plant cover, the scar will not heal for wheel."" many years." ORVs on the arctic tundra of Alaska are "a In the South, Bennett says that ORVers should potentially colossal disaster," according to Ben- avoid special wildlife habitats such as those for nett. The passage of a vehicle over the arctic the wild turkey."' In Florida, he cites the grass- tundra-that thin layer of plants and soil over the r @V' V 44.1 *7 5@. 4#, --1 '0 -- T@ "Ar Al X 7@ & 4" V 14 IV P.-e. ww `5 fu ILL- 60, 41 J. QA, permanently frozen ground (permafrost) ---- changes fate. Hearing is a faculty that is acutely important its reflective properties. As a result, the tundra in the survival of most animals, both in avoiding absorbs more sunlight which causes the upper predators and in finding a mate." permafrost to melt. Then the surface subsides The unnatural amounts of noise produced by because water takes up less space than ice. The ORVs place most species under stress, although sunken ORV tracks fill with water and the not all species are as skittish as elk and wild unusual arctic plants and animals can no longer turkeys. Noise aggravates a sick animal's condi- survive. 81 tion during periods of hunger or disease. " These areas -do not constitute a definitive list Eventually, a few species, such as the white- of all the natural areas-most sensitive to ORVs. tailed deer or the coyote, seem to adapt to ORV Rather, they are intended to give an idea of the use; others die-especially those that assemble in range of ecosystems most threatened by ORVs. small areas, such as salamanders and frogs. Most There are others. For example, ORV riding on naturalists think that when wild animals are and along river banks has caused serious erosion displaced from their natural areas because of in Kentucky and Missouri, according to published noise or destruction of vegetation, the displaced reports. "' The resulting sedimentation can dam- individuals are as good as dead. Or, if they age the gills of fish and smother their eggs and succeed in reestablishing themselves in other food organisms." suitable wild areas, they displace resident individ- A major difficulty with ORVs, as the Geologi- uals who then have greatly reduced survival. cal Survey points out, is that the terrain which It is instructive to look at the recent history of "truly challenges the capability of these ma- four specific areas in terms of ORV use: Back chines, and which is therefore most attractive to Bay Wildlife Refuge on the Virginia coast; Land many ORV operators, is exactly that which is Between the Lakes in western Kentucky; the most highly sensitive to erosional degradation. Panoche Hills, southeast of San Francisco; and This open contradiction between machine capa- Dove Springs Canyon in the Mojave Desert. bility and land sensitivity is a key issue."" These areas have two things in common: they Aside from tearing up soils, ORVs also dam- have been invaded by ORVs, and they are owned age vegetation. They kill plants in several ways. by the public. By direct contact-the ORV runs over the plant or brushes against it, breaking off limbs or branches. Sometimes ORV use around a plant so badly erodes the soil that the plant simply col- Back Bay lapses from lack of anything to hold onto. Also, National Wildlife Refuge ORV soil compaction injures root systems and larger perennials eventually die. In addition, ORVs crush seedlings beneath their wheels or The refuge comprises 4,608 acres of beach, treads as well as seeds germinating on or within dunes, marsh, woodlands, and open water along the ground. Lastly, on slopes the soil eroded the Virginia coast, just north of the North Caro- because of ORV use washes to the bottom where lina state line. It is managed by the U.S. Fish it smothers plants that are growing there.8' and Wildlife Service." ORVs also disrupt animal life, as has already ORV use of the refuge was light until the late been indicated. They collide with animals, espe- 1960s. Then came the invasion of dune buggies, cially smaller mammals and reptiles. By destroy- scooters, motorcycles, and other types of off-road ing vegetation, they are also destroying animal vehicles. By 1969, the environmental effects were food and shelter.86 In addition, ORVs afford very evident, particularly along the 4.2 miles of hunters and fishermen access to remote, hereto- beach and sand dunes. The tern nesting colonies fore untouched areas, thereby dramatically in- were gone. The ghost crabs were rapidly disap- creasing the fish and game kills in those areas.8' pearing. So were the sanderlings, once the fast- The effects of ORV noise on animals, although est-moving creatures on the beach. In the 1950s, imperfectly understood, is thought to be very 30,000 of these agile shore birds inhabited the damaging. Scientists have found that ORV noise area. By 1969, their numbers had dwindled to impairs the hearing of at least one species of 5,000. They were victims of the ORV boom. reptile-the desert iguana-and they think that Farther south, in the Cape Romain National many other animal species may suffer the same Wildlife Refuge, South Carolina, it was observed 1. 12 that the rare loggerhead sea turtle found ORV- Today, about 150 homeowners using the refuge compacted sand too hard to dig a nest in and hold permits to drive in the refuge-some per- lumbered back to the Atlantic, or its young were mits allow 2 round trips per day and others as crushed beneath ORV tires or were easy prey for few as 30 per year. By the end of 1979, all predators (gulls, raccoons, etc.) when they be- permits are supposed to terminate and the refuge came entrapped in ORV ruts."' will be entirely closed to ORVs. Three Fish and The Fish and Wildlife Service was particularly Wildlife Service employees currently patrol the concerned about ORV damage to the refuge's refuge on a regular basis. They find that illegal sand dunes which protect the Back Bay from ORV intrusions average about five. per week ocean storm tides and excessive amounts of saline during the winter and more during the summer. 100 water. Back Bay is a prime waterfowl wintering Since effective control over ORVs has been in area-species such as the whistling swan, greater force over the past 3 years, there has been no snow goose, as well as puddler and diving ducks study of refuge wildlife and vegetation; therefore are found there. In addition, the dunes provide it is not known whether or not they are recover- wintering habitat for the rare Ipswich sparrow. 11 ing from the ORV onslaught. Refuge Manager ORVs quickly and effectively kill the Ameri- Glen Bond hopes that the ecological damage can beach grass which holds these dunes in done to the refuge in the future will be by nature place. 13 An ORV path scars the dune and makes rather than ORVs. He would like' to see the the sand vulnerable to wind erosion. The Fish refuge closed to all ORVs. "It's too fragile an and Wildlife Service has observed that vehicle environment for those machines."'"' tracks perpendicular to and over a dune line can eventually result in a major cut through the dune. 94 Land Between the Lakes The irony of this ORV damage to these dunes is that they were restored in 1939 and 1940 by the Civilian Conservation Corps, and since then This 170,000-acre peninsula between two man- the federal government has spent an estimated made lakes (Kentucky and Barkley) in western $500,000 to stabilize therft.9' The newly formed Kentucky and Tennessee is managed by the Youth Conservation Corps will be working on Tennessee Valley Authority (TVA) as a recrea- these dunes again this summer in fact." tion area. In years past, the area's hardwood In 1970 the federal government in cooperation forests were heavily lumbered."' with the city of Virginia Beach sought to regulate By 1972, ORV use was growing throughout ORV use on the refuge, establishing speed limits, the region, unrestricted by the TVA.101 That closing certain sections to ORVs, and setting up year, so as to minimize the environmental dam- one-way traffic flows. The number of ORVs age and ORV interference with the recreation of continued to mount. In 1971, the regulations others (campers, hunters, anglers, etc.), the TVA were tightened because of widespread noncom- established a 2,350-acre ORV area within Land pliance by ORVers. Still more ORV riders came Between the Lakes and closed the rest of the and more violations of the regulations were area to ORVs.` The site selected for the ORVs observed. On one Sunday in June 1971, some was Turkey Creek, a rolling area of second 875 vehicles were counted along the refuge beach growth forest, primarily oak and hickory, with and 410 violations of refuge regulations were also approximately 75 acres of open land. There are observed.97 Commercial fisherman Marshall Be- five ponds within its boundaries, and the soils are langa reported that he was nearly run down, on derived mainly from shallow loess over gravel more than one occasion, by machines chasing and chert beds. 105 birds along the beach. Som-, of the vehicles even The area was chosen for ORVs because it had plowed right over his nets. 9' received the greatest use by them in the past.'06 In 1972, the Fish ane. "11;ldlife Service sought In laying out the ORV trails, TVA sought the to close the refuge to ORVers except for com- aid of the American Motorcycle Association and mercial fishermen ano people living south of the the Motorcycle Industry Council. An effort was refuge and using the beach to get to their hoir,@s. made to keep ORV riding areas away from After considerable political controversy and some campgrounds. Normal facilities such as unloading legal skirmishes, the new controls finally went ramps, toilets, and parking lots were added.101 into effect." The TVA also developed a monitoring plan for 13 systematically assessing the impact of ORVs on almosr-all :Lhe increased erosion occurred at the the environment and on the other recreationists monitoring sites located on slopes of 15 degrees near or in the area."' No other federal land or greater. TVA reports that "[s]oil movement management agencies have gone to these lengths and siltation are very much in evidence below to control and monitor ORV activity. steep, heavily used slopes." Maintenance work Since the ORV area opened, there has been a to grade and divert water is needed. In addition, steady increase in the number of persons visiting TVA reports that there is "evidence of a great it. The area's visitors average more than 1,000 deal of potholing and rutting on low, level areas per week and slightly less than half of them are particularly in the winter, but the soil [does] not ORVers. Of these an estimated 79 percent are appear to be washing away. There was some trailbike riders and 21 percent drive 4x4s. The damage to roots, particularly at creek crossings. -113 percentage of 4x4s is increasing significantly.'" Wildlife monitoring is, by TVA's own admis- It is interesting to note that one survey of the sion, the weak link in its monitoring system."' ORV riders in the area found that rain did not So the ORV impact upon wildlife remains a deter them. (Rainfall here averages more than 50 question. To date, the area's white-tailed deer inches per year.) "Off-road vehicle riding confin- and squirrel (gray and fox) populations seem to ued to take place on days when rainfall was quite be doing well, according to the hunters who use heavy. Four-wheel drive operators appear to find the area. Other mammals sighted in the area added.challenge in making their way through between 1973 and 1975 included -raccoons, muddy places," the study reported."" skunks, opossum, and woodchucks. It is not known whether wild turkey still inhabited the Another study of ORVers in the Turkey Creek area when the ORV site was established, or i .f area found that they are attracted to the area they do today. "' A bird survey in the spring of' because of its rugged terrain (slopes as steep as 1975 counted 48 species of birds either resident 45 degrees); very few riders voiced a preference or visitors. They ranged from several species of for open field riding over trails. Although some warbler to green herons, indigo buntings, and non-ORV,campers in the area expressed annoy- red-tailed hawks. 116 It is not known whether any, ance with the ORV noise, most felt that the bird species have abandoned the area since 1972, riding areas were a desirable feature because or what effect ORVs have had on the populations cyclists rode there rather than in the camping areas.111 of the bird species there today."' Thus the system appears to be working in TVA notes: "[A]bout all we can say from the human terms. What of the effects on the environ- various wildlife observations is there is some meni? significance to the fact that the species still The impact upon vegetation has been heavy on inhabit and venture into the area. Any other the trails and insignificant off. In other words, conclusions would be premature at this time."' ORVs are killing plants by running them over, So far, TVA is pleased with this experiment of but indirect impact on vegetation from ORV setting aside a specific area within a much larger fumes or soil disruption has not been detected. recreation area for ORV use, despite the greater The bare portion of the trails is increasing at an than expected erosion on slopes of 15 degrees or annual rate of about 7.5 percent. As measured more. TVA ranger Scott Seber thinks that much by the amount of land denuded of plant life, of Turkey Creek's success as an ORV area is due direct ORV impact on the area increased from to the fact that ORVers chose their own trails 0.58 percent in 1973 to 1.03 percent in 1975.11' instead of having them dictated by someone else. ORV-caused soil erosion has been serious in He also notes that complaints about ORVs from certain sections of the area's trails, even though non-ORV recreationists, especially hunters and the high gravel and chert content of these soils campers, which were once quite frequent, have was thought to make them very ORV-resistant. become uncommon. Overall, erosion depth along the trails increased 52.8 inches or 26 percent between 1973 and 1974 Seber adds: "I used to hate ORVs. Now I feel (the most recent available figures). Only 8 of the they can be worked with. We have demonstrated 20 monitoring sites showed increased erosion, that they don't have to be running amuck every- but this apparent discrepancy is easily explained: where ...... 14 Panoche Hills vegetation is more varied, ranging from grass and chaparral to walnut orchards and oak. ORVs have used the area for about 20 years, first when This site is in the Diablo Range southeast of it was privately owned and now as a State San Francisco. The vegetation is a semiarid Vehicular Recreation Area."' community dominated by filaree, rabbitbrush The area is currently losing soil at the rate of Mormon Tea, fescue, and brome. It is manage@ 6,400 tons per square kilometer a year, 26 times by the BLM.`1 the "tolerance" level suggested by the Soil Con- Motorcycles and four-wheel drive vehicles be- servation Service for soils of these types. 12' A gan using the area in 1968. ORV use continued geologist who studied the area reports that through 1970 and then was prohibited because of "drainages are heavily choked with sediment, the serious soil erosion problems. Since then, and riparian habitat has been severely modified. there has been considerable trespass by ORVers. Previous efforts to mitigate erosion (water bars The Geological Survey reports that "there has and diversions) have either not successfully coped been a highly visible expansion of use for a 12- with massive runoff or have created problems of mile stretch between Tuney Gulch and Arroyo plant burial and erosion by successful diversion Honda to the south."121 to unused slopes. 11117 After closure, an area of about one-tenth of a square kilometer was fenced off to prevent illegal ORV use and cattle grazing. Part of the area had Dove Springs Canyon been intensively used by ORVs but part had not. Then the two sections of the fenced area were studied to learn about their recovery. At the The canyon comprises about 5,000 acres of outset, 55 percent of the soil was exposed in the BLM land in the northwestern Mojave Desert. ORV-used portion, compared with 31 percent in Its plant community is primarily creosote bush at the other portion. From 1971 to 1975, the plant the bottom and on the sides and a Joshua tree cover, mostly filaree (a European weed), im- woodland beyond the rim. But there are a great proved 19 percent in the used area and 9 percent many other plants as well in this desert canyon. in the unused area. However, this rate of recov- In almost any 1-acre plot, it is possible to identify ery has not persisted since then. Aerial photo- 15 to 20 species of perennial shrubs and grasses- graphs of the area show that large swaths of the from California buckwheat to apricot mallow. ORV-used area are still denuded of small plant The same I-acre plot may have 40 to 80 different cover. Indeed, the ORV trails cut into the hills 6 species of annual wildflowers in the spring. Alto- years ago remain quite distinct today."' gether, there are probably 250 different species The rate of soil erosion is still severe. Scientists of plants in Dove Springs Canyon. 121 found that 4 years after closure, the land used by The fauna is also diverse: 24 known species,of ORVs was losing soil at an annual rate of 1,580 reptile inhabit the area, including the leopard metric tons per square kilometer while the soil lizard, rosy boa, and the rare desert tortoise. erosion from the land undisturbed by ORVs was About 30 species of birds visit the canyon on a too small to measure.`3 The accelerated erosion regular basis or nest there. Among the visitors continues today. No erosion control devices have are raptors such as the golden eagle and the been installed at this site by the BLM.12A prairie falcon; the nesters include Gambel's The ORV impacts on the wildlife of the quail, horned larks, and burrowing owls. The Panoche Hills have not been assessed, although mammal species of the canyon number 22 and the area does represent a sizable portion of the include many rodents such as the long-tailed range of an endangered species, the Blunt-nosed pocket mouse and the Mojave ground squirrel Leopard Lizard. plus some larger predators-kit foxes, badgers, The erosion rates measured in the Panoche and the ringtailed cat. 129 Hills are not uncommon in ORV-used areas in ORV riders, motorcyclists and four-wheel semiarid regions. For example, south of San drive operators, began coming to Dove Springs Francisco in the Hollister Hills is an ORV area Canyon about 10 years ago. In that time, they where the soil erosion is even worse. The terrain have denuded 543 acres and heavily damaged here bears some resemblance to the Panoche another 960 acres. BLM biologist Kristin Berry Hills-steep slopes and shallow soils-but the calculates that at the present rate of destruction 15 over 1,629 acres of Dove Springs Canyon will be hundred yards wide, with a slope of about 18 to denuded within 15 years.'30 28 degrees, has lost 11,000 metric tons of Soil. 131 There is a definite pattern to the ORV use Sheila Byrne, a biologist at the University of here. The ORVers started in the lower part of California at Berkeley, studied the impact of the canyon, the part closest to the highway, and ORVs upon the small mammals of Dove Springs after they stripped the canyon floor bare of Canyon and concluded that "areas disturbed by plants and rutted and gullied the walls, they then ORV use support a lower density and diversity moved up canyon, somewhat like mechanical of small mammal populations.""' She added: locusts, to surroundings that were more pleasant "The disturbed areas show both a gross reduction (less dust) and more drivable (deep ruts make in numbers of plant species present and simplifi- steering very difficult). Here the process was cation of plant structure-the ground cover and repeated. 131 subshrub layers are severely damaged, if not The rate of soil erosion has not been measured destroyed, Thus, the lower animal species diver- in Dove Springs Canyon, but must be severe, sity in the disturbed area is not surprising."-' judging from the debris which has washed down Specifically, Byrne found that disturbed areas the walls and been deposited on the canyon floor had a species diversity index of 1.28 and averaged and in the washes. In nearby Red Rock Canyon, 3 rodents per plot; in contrast, the undisturbed geologists have examined a hillside used by areas had a species diversity of 2.72 and averaged ORVs for about 5 years. They calculated that the 9 rodents per plot. The only species that seems hillside, which is about 1 mile long and a couple to thrive in ORV areas is the deer mouse, which Al Wr GarnbeA quail 16 is considered the animal equivalent of Russian The California Desert was the first area in the thistle, that is, a weed." United States to feel the full brunt of the ORV The long-term ecological consequences of explosion. For this reason, and because the widespread destruction of the small mammals federal government has presided over the deg- will be profound. These creatures form an impor- radation of perhaps one million acres of the tant part of the area's food chain. (The transfer desert's land, the fate of the California Desert of food energy from its source in plants through will be examined in some detail here."" the consumer groups-the herbivores and carni- Twenty-four million acres of land-mountains, vores-is termed a food chain.) Raptors, large basins, dry lake beds, hills-11 million of which mammals, and some reptiles depend on the small are Natural Resource Land owned by the public mammals for nourishment.136 and managed by the BLM. That is the California Although no study of the bird life of the Desert. 142 The term California Desert is admin- canyon has yet been completed, Berry notes the istrative rather than geographical. Congress has absence of such species as the ladder-backed designated this area the California Desert Con- woodpecker, Scott's oriole, and the cactus servation Area. 141 In reality, the desert stretches wren-species usually found in Joshua tree wood- east beyond the California state line and the lands. Ground nesting birds such as quail, doves, Colorado River into Nevada and Arizona and and horned larks are considered very vulnerable south beyond the Mexican border into Baja. to ORV destruction .137 The California Desert represents one of the Before the ORVs, Dove Springs Canyon was a largest, relatively unbroken sections of wild land popular spot for hikers, campers, birdwatchers, in the United States outside Alaska.'" It is also and fossil hunters. Today, ORVs dominate the at the back door of one of the nation's largest canyon. On a Memorial Day weekend, there urban sprawls-the Los Angeles-San Diego meg- may be as many as 500 machines at play in the alopolis, population about 11 million. On any once tranquil canyon."' weekend when the weather is not too hot, literally tens of thousands of ORV enthusiasts fan out from Los Angeles-San Diego and envi- rons to play on their machines. Some of the The Destruction of the California Desert r L"v@ Once an inhospitable wasteland to early explorers and set- ders, the California Desert now is a recreation mecca for < millions of Americans. The paradox is not yet fully under- stood, even by Federal agencies attempting to manage those A, and lands.... 111t is the use of off-road vehicles that generates most of the enjoyment, most of the accidents, most of the economic spin-off . . . ..." Jerry Harrell, "Desert Lands Serve Many Needs," LR* Our National Resources: The Choices Ahead, U.S. Los Mqet!@ -ttk;p! Department of the Interior, 1974 Dove Springs Canyon is not an exception. ORVs are tearing up other places in the Califor- nia Desert. Jawbone Canyon, Johnson Valley, .40 @C -AN.A. U. Stoddard Valley, Horse Canyon, Sage Canyon, Rainbow Basin, the Spangler Hills, Rand Moun- Me ico tains, the Ricardo fossil beds, the Salton Sea marshes are some of the places scarred by 50K. motorcycles, dune buggies, and four-wheel drive vehicles. 140 17 desert's choicest spots are within an hour or two salamander was discovered in the California drive. Desert---only the second desert salamander ever The California Desert possesses a remarkably found. Preliminary study suggests that this dis- rich and varied animal and plant life. As the covery will clarify the origin and evolution of the description of Dove Springs Canyon suggests, it largest group of living salamanders. Study also is not the dead wasteland so often associated indicates that the species or its ancestor may with the word "desert." have been living in this area in the Miocene age, Actually, the California Desert Conservation 70 million years ago, before the major upthrust Area is two major desert types: the lower third of the Sierra Nevada and the formation of the is a Sonoran or low desert and is referred to as desert .141 the Colorado Desert; the upper two-thirds is the Stebbins, a zoologist, a curator at the Univer- Mojave or high desert. The Colorado Desert sity of California at Berkeley's Museum of generally stays warmer in the winter due to its Vertebrate Zoology, and author of the re- lower elevation and southerly location. It fea- knowned Field Guide to Western Reptiles and lures such vegetation as the fan palm, smoke- Amphibians, states that the desert and its adjoin- tree, palo verde, ocotillo, teddybear cholla ing and lands "rival the famous Galapagos cactus. (The vegetation found in Dove Springs Islands in their potential for shedding light on Canyon is typical of the Mojave.)"' evolutionary processes."" When scientists grew concerned about ORV The California Desert is also a place of damage to the California Desert in the early extraordinary beauty. The aesthetic values of 1970s, they began to document the effects of many different locations in the desert have ORVs on the desert environment. These efforts inspired visitors for years. Consider, for exam- are now bearing fruit. Although more research ple, Stebbins' description of the Imperial Sand remains to be done, an impressive body of facts Hills after runoff water from storms in the is accumulating. nearby Chocolate Mountains has formed ponds The question that scientists are asked most hundreds of feet across and several feet deep: often in the field by ORV enthusiasts is: "ORV The water brings forth a surge of life.... The ponding area damage? So what? This land isn't good for is a biologist's paradise. The stark, buff-colored dunes and anything else anyway." stands of yellow-green paloverde are reflected in the glassy And that is where the ORVers are wrong, say waters. There are giant creosote bushes reaching heights of the scientists. The desert is good for something, 12 feet. The waters soon teem with fairy shrimps and many things, as a matter of fact. I spadefoot tadpoles. At this time, birds from the Salton Sea To begin with, the desert contains an invalua- to the northwest dropin and one may witness the charming ble storehouse of genetic information which sight of long-billed curlews and other water birds moving humankind can ill afford to lose. The different about among the dunes as they work the edges of the ponds. plants and animals found in the desert are the I have travelled many parts of the world. but have found no result of a millenia-long struggle for survival place more fascinating."" under very harsh circumstances. In addition, Ecologist Raymond Dasmann has pointed out these species have undergone genetic modifica- that the desert's very starkness gives it the sharp tion in isolated ecological systems within the outlines and vivid colors not to be found where desert-in springs, stream remnants, oases, the influence of running water has smoothed the playas, and sand deposits. Dr. Robert Stebbins landscape and the humidity of the air has modi- likens the desert's isolated ecological systems to fied the clear tones.150 a series of archipelogos, each possessing its own In prehistoric times, the California Desert was distinctive characteristics and biota. a lush savannah with broad lakes, and today it "Perhaps some of the desert grasses harbor contains a wealth of fossils. Paleontologists have genes potentially useful in breeding disease-re- unearthed prehistoric camels, sabre-toothed sistance or other desirable traits, perhaps the cats, three-toed horses, and other species from ability to grow in salty soils, into our cereals," the desert's fossil beds. Indeed, fossil mammal says Stebbins. "The Indians gathered the seeds discoveries from the desert have played an of the desert rice grass. What may be the important part in establishing a correlation be.- potential of the many plants and animals that tween North American and European fauna of have not been studied?"" the Pleistocene age, 65 thousand years ago."' Just 5 years ago a new species of lungless The desert is also rich in archaeological re.. 18 sources. Artifacts of human occupancy can be traced back about 12,000 years. There are hints V, that man may have been present 50,000 to 80,000 years ago. The desert contains the largest concentration of prehistor ic art anywhere in the 7 world, including petroglyphs (carvings on rock), I pottery, and intaglios, the rarest form of prehis- j ,"N j toric art. People living in the desert thousands of years ago created vast designs (intaglios) by scraping aside a layer of dark pebbles at the surface and exposing lighter material beneath. Some of these intaglios are geometric designs or jI mazes-up to 2 miles in diameter; others are human and animal figures, the longest of which Yly is 489 feet. Almost all the desert's known If 6 intaglio sites have been crosscut by ORV tA tracks. ORV riders have caused serious damage to the other cultural resources of the desert as well. Vandalism of other archaeological sites has ac- celerated with the onslaught of ORVs because of the increased access to remote areas these machines provide."' Petroglyphs are being car- 4t 154 ried off as souvenirs. U ORVs are also obliterating the surface evi- Y'_ A t dence which both paleontologists and archaeol- ogists rely upon in searching for new sites. A J small bone fragment wedged between two rocks ............ @YA or a tiny shell lodged in a sedimentary rock face may be the clue which leads to further discover- Tr -_*L - in, ies."' Indeed, if ORVs had gotten to Olduvai Gorge in Tanzania before Dr. L.S.B. Leakey, we might very well know a good deal less than we do today about prehistoric man. ORV damage to the desert's natural re- sources, in a relatively brief time-less than 20 zi -has been great. Geologist Dr. Howard years Wilshire of the Geological Survey estimates that ORVers have scarred perhaps 1 million acres of y, public land in the California Desert. By compar- ison, it took strip miners a century and a half to orphan" 2 million acres of land across the entire country,"' InfaqAos, Blyffie, Cali6ornia Desert soils have proven exceptionally vulner- able to ORV attack. The soil breaks down ver@ Jawbone Canyon, ORVs have completely re- rapidly under ORV tires on desert slopes. They moved the thin soil mantle and now they are do not have to be very steep either. Wilshire actually quarrying the more pliable forms of reports that even flat surfaces denuded by ORVs bedrock. are vulnerable to accelerated erosion because In some flat areas of the desert, a thin layer wind erosion is independent of slope. 1-17 Many of rocks of varying sizes called "desert pave- desert soils are fairly loose to begin with, and as ment" protects the soft, fine-grained materials soon as ORVs strip away the vegetative cover, underneath from wind erosion. But the desert they become very susceptible to wind, water, pavement cannot withstand more than one or and mechanical erosion. In some spots, such as two passes by an ORV.` ORVs also demolish 19 the crust which forms over many other nondis- the paths cut by the wagons of pioneers more turbed parts of the desert, exposing the fine soil than a hundred years ago can still be seen today particles underneath. This desert crust is created in the north Mojave." after rains or flooding when the surface soil So long as ORV use continues in a particular particles bind chemically together. Where or- area, the native vegetation does not recover. ganic material is sufficiently great in the surface Once ORVers abandon an area, as they eventu- layers, fungal filaments further bind the soil ally do, the plant life slowly returns if there is at particles. Other biological components of the least some soil mantle left in which to sustain crust may include algae and lichens." life. However, it is not the native vegetation, for Desert winds attack these exposed soils. Some the most part, which comes back. It is the dust pollution in the air is, or course, natural, noxious weeds such as Russian thistle or tum- especially during periods of high wind. However, bleweed. A specific area may have once con- man's disruption of the desert surface greatly tained a number of different grass and shrub increases the dust in the air. For example, a I- species, but one or two invaders (weeds) donii- day motorcycle race across BLM land in 1974 nate the recovery, and once established, the produced more than 600 tons of airborne dust."" invader species push out the remaining native Analysis of a satellite photograph of the west- species which survived the ORVs. Thus, a coin- ern Mojave shows that ORV-denuded land is plex plant community gives way to a highly now one of the sources for dust storms in the simplified one. 166 region. The photograph, taken on January 1, F.R. Fosberg, curator of botany, U.S. Na- 1973, a day which featured a strong Santa Ana tional Museum of Natural History, and a recog- wind, showed six dust plumes in the western nized authority on alien plant species, has Mojave. Investigating these plumes to locate warned the BLM that "unless you are in favor their sources on the ground, researchers found of changing the character of the vegetation, and that in each case the dust originated from "man's hence of the whole landscape of the desert areas destabilization of the natural surface." Each under BLM jurisdiction . . . you must limit plume was traced to a specific dust source: vehicular traffic to established roads and open roadbuilding in one area, stream channelization the desert areas only to hiking and other less in another, and so on. One of the dust plumes ecologically destructive forms of recreation.""' came from a 10-kilometer-long area along the The damage done by ORVs to desert vegeta- south edge of El Mirage Dry Lake to the south tion is well documented by R. Bruce Bur, Y, tip of the Shadow Mountains-an area "severely Roger Luckenbach, and Stephen D. Busack in destabilized by off-road vehicle activity," that is, work sponsored by the Fish and Wildlife Serv- the plants which anchored the fine grained ice." Examining 16 sites in the desert, Bury et surface material had been destroyed by ORVs." al. discovered that "moderate" ORV use reduced Dust pollution poses a number of problems. It the shrub biomass by about 50 percent; in heavy damages crops and property. It reduces visibility use areas shrub biomass declined 70 percent. In and therefore the aesthetic value of the desert. those areas where ORV users congregate, parking It is considered a health hazard because it their trucks, cars, and campers-the so-called "pit aggravates certain respiratory ailments such as areas"-shrub biomass was reduced by about 95 allergic bronchitis and asthma. In cases where percent from comparable undisturbed areas. 161 ORVs expose soil and rock with a high asbestos The most common shrub in both the Mojave content to wind erosion, which has happened in and the Colorado deserts is the creosote bush; at least one semiarid area in the San Francisco therefore it is the ORVs' number one victim. area, then dust pollution could potentially be These shrubs are surprisingly long lived and carcinogenic." Another possible health hazard durable, but once damaged by ORVs take years associated with dust pollution in the California to recover. Bury et al. note that "the creosote Desert is valley fever or coccidioidomycosis. shrub community is an ancient, diverse assern- This sometimes fatal lung disease is caused by a blage of plants and animals. The shrubs them- dust-borne fungus which is endemic to much of selves may require decades to mature, and even the desert.'" partial damage to the plants, particularly the Desert land heals slowly. Some of the tracks root systems, may subject them to stress in dry made by General Patton's tanks and jeeps in the years or drought.""" eastern Mojave during training maneuvers more Photographs of desert vegetation taken from than 35 years ago are still clearly visible. Even the same sites near the Arizona border in 1894 20 tl 4k and 1965 reinforce this view. They reveal little Bury et al. conclude that desert vegetation change in the stature and arrangement of some and wildlife are "depauperate, if not obliter- of the perennials, especially the creosotes. Some ated," in areas of intensive ORV use." of the same plants appear to have persisted for Scientists such as Stebbins and Dr. Nathan more than 70 years. A creosote bush appearing Cohen, a biologist at the University of California in one of the 1965 photographs must have been at Berkeley, are particularly concerned about at least 80 years old because it was already of the propensity of ORVers to drive their ma- mature stature in 1894.1"' chines down or across desert washes. Wash In fact, recent studies suggest that 80 years banks provide homes for burrowing animals and may be extreme youth in the lifespan of some wash brush and trees provide food and cover for creosote shrubs. Radiocarbon dating showed all manner of creatures."' Many of the bird that decayed wood at the center of some creo- species which inhabit the desert nest in wash sote bush rings was approximately 580 to 700 areas. In the Colorado desert, for example, years old. As the center of the shrub dies, new smoketree washes represent a unique habitat, growth develops around the periphery forming a supporting high concentrations of birds and kind of ring. Botanists speculate that some of other vertebrate species, often 10 to 50 times these rings date back to the time when the higher than in surrounding areas of desert. Many creosote bush first established itself in the des- bird species are concentrated in these washes: ert. This means that in places such as Johnson verdins, black-tailed gnatcatchers, and Costa's Valley some of the creosote shrub rings demol- hummingbird, for example."' ished by ORVs may have been there since the "Contrary to popular opinion," Stebbins and end of the last ice age-some 10,000 years Cohen report, "washes are fragile natural envi- ago. 172 ronments containing many plants and animals, Not too surprisingly, Bury et al. discovered some of which are particularly attracted to wash that extensive reduction in the wildlife accom- habitats." In their survey of ORV use of washes panied the destruction of plant life wrought by along state or federal highways in the desert, ORVs. They found that "moderate" ORV use they found the "growing incidence of ORV sharply reduced the biomass of an area's terres- damage truly alarming." trial vertebrates-by almost 60 percent. Heavy Assessing overall ORV damage to the desert ORV-use areas suffered a 75 percent decline in environment, Stebbins and Cohen conclude that vertebrate biomass, a 45 percent decline in the "ORVs are steadily destroying (essentially for number of such animals, and about a 10 percent the foreseeable future) some of the most attrac- drop in the species present. 171 tive and fragile natural areas [in the desert].", They point out that natural areas severely dam- Bury et al. point out that certain desert aged by ORVs, of which there are now an animals have a "low recruitment rate or a long abundance in the desert, cannot really be re- maturation rate." The desert tortoise, for exam- claimed in the sense of restoring the original ple, may require 15 to 20 years to reach sexual natural ecosystem. It is not humanly possible to maturity in the field. The leopard lizard has a reconstruct the complex and delicate interrela- lifespan of at least 7 to 8 years and the western tionships that have developed over a vast stretch whiptail lizard of at least 7 years; females of of evolutionary time. Hence a reclaimed area both species usually do not reproduce until 1.5 will probably always be something less desirable to 2 years of age. "Death or removal of these than that created by historic processes. 1711 long-lived animals will result in a loss of not only these individuals but also their reproductive potential for a relatively long time. Recovery of desert communities would be slow, even where Damage Beyond the there are no further ORV activities. 11174 Desert Preliminary studies indicate that bird life fares just as badly in ORV-use areas. In Anderson Valley, an undisturbed area had twice the bird Because the documentary evidence of ORV biomass and number of species and 1.5 times the damage in the California Desert is so overwhelm- number of birds as a similar area of "moderate" ing, there is a tendency to ignore the damage ORV use.'71 done elsewhere. In fact, the problem doesn't 22 the markers, concrete and all, rolled to the bottom of the hill.18' ORV use has increased the erosion rate in the Hungry Valley subbasin eight times-from 1,800 cubic yards per square mile per year to 14,700. N 41 The erosion rate in the entire watershed of which t Hungry Valley is a part has increased 33 percent as a result of the current level of ORV use. Scientist J.M. Knott reports: "The most serious impact of ORVs on the environment of Hungry Valley is the establishment of major gully net- works which, if not corrected, might lead to the A.- reduction of recreation and alternative land uses in upper Hungry Valley.... Downstream im- p ct, such as stream-channel migration and ero- a sion, may be significant over the long term. ,182 A1@4 Ballinger Canyon is in the Los Padres National Forest in the foothills which surround the San Joaquin Valley. It is one of the last refuges for hybrids of the Blunt-nosed Leopard Lizard, an endangered species. (Rare hybrid populations re of great interest to evolutionary biologists a and in many respects are more important to protect than populations of pure stock.) The X vegetation is mixed-grass, juniper, and sage- brush. The semiarid area has been popular with ORVers, primarily motorcyclists, for about 8 years. They have driven pellmell across the canyon's floor and up its slopes much in the manner observed in Dove Springs Canyon, doing Oun@-no5ed kpard bzat-d great damage in that time-severely affecting an area of nearly a thousand acres. "I in the summer belong exclusively to deserts but is ubiquitous on of 1978, the Forest Service restricted ORV use federal lands in California. Nor is it just a BLM to trails in the canyon, although at this writing problem. signs had not been posted to announce the Take, for example, Hungry Valley on the change nor has there been any evidence of Forest western rim of the desert in the foothills of the Service enforcement, i.e., keeping ORVers off San Gabriel Mountains, a rolling grassland spot- the canyon's hillslopes. ted with clusters of oak and juniper in addition The desolation of Ballinger Canyon is obvious to some chaparral; it is a patchwork of private, to the naked eye. ORVs have cut notches in the state, and federal (Forest Service) ownership. ridge line 3 to 6 feet deep. They have scattered About 2,000 acres of land within this semiarid cobbles and boulders from a gravel layer at the area have been severely damaged by ORVs over top along the lower portions of the slopes. At the last 6 years. Besides direct vehicle stripping the base of the ORV-used hillsides, sand, eroded of vegetation, productive grazing soils have been from beneath the gravel layer higher up, forms a buried by debris washed from ORV hill climbs.'80 thick fan, burying vegetation and soils. Many of Here, in 1969, Los Angeles County sank three the slopes are gullied and bare. On the steeper benchmarks into the crest of a hill. The bench- slopes (more than 15 degrees), junipers are marks were embedded in concrete and inserted especially hard hit because the vehicles expose to depths of 1 to 2 feet. A strange thing happened their root systems and eventually the whole tree to them: by 1977 they were gone. The ground topples over. The canyon floor is totally denuded around them was so eaten away by ORVs that of grass, shrubs, and trees in many places."" there was nothing left to hold them in place, and Researchers find that in the heaviest ORV-use 23 zones of Ballinger Canyon, erosion rates are now University: "The meadows near the Deadfall more than five times greater than the natural Lakes in the vicinity of Mount Eddy are spectac- erosion rates for the area. The total loss of soil ular. Regretfully, they are rapidly being perma- from hillslopes adjacent to the ORV campground nently damaged by muddy (ORV) ruts running averages 54,000 tons per square mile per year, across them. There are extensive colonies of exceeding the soil loss tolerance standards used several rare and/or interesting plants such as by the Soil Conservation Service for nonrenewa- Darlingtonia Californica, Veronica copelandii, ble upland soils of the Ballinger Canyon types by and Gentiana newberryi in these meadows.""' a factor of 70.'" Although the ORV impacts in Sequoia and In the La Panza-Pozo region of Los Padres Shasta-Trinity National Forests have been ob- Forest, ORV trails show all the signs of serious served and, in some instances, photographed, erosion---deep gullying and debris choking natu- they have yet to be quantified in terms of rate of ral drainage courses at the base of slopes. I" soil erosion or loss of plant or animal popula- These chaparral-grass landscapes scarred by tions. 192 ORVs bring to mind one of the oldest ORV Off-road motorcycle, four-wheel drive, and areas in California-Chabot, a regional park east dune buggy driving does not stop at the Califor- of San Francisco Bay. This chaparral- and grass- nia state line. Nor does the environmental dam- covered area features slopes of 11 to 22 degrees. age. As ORVs grow in number and spread out in After 20 years of ORV use, it is losing soil at the search of challenging terrain and open space, rate of about 32,800 tons per square mile a many other western states find themselves where year-thereby exceeding the tolerance level sug- California was 8 years ago. gested by the Soil Conservation Service 46 times. For example, ORV-caused erosion, siltation, One-time ORV paths are now 6-foot gullies. Are and destruction of vegetation, including unusual the ORV-used areas in Los Padres National and rare flora along ridge trails, have been Forest headed for such ruinous rates of erosion? observed in the Red Buttes area of the Rogue Chabot's annual rainfall is somewhat heavier (24 River National Forest in Oregon. "' to 26 inches per year), so it will probably take From the Forest Service's Intermountain Re- longer, but parts of Los Padres are definitely gion, director of recreation Robert L. Safran headed in that direction.'" reports: "The two most common environmental Observers have documented ORV damage in problems from ORV use have been from soil several districts within the 1.1 million acres Of erosion (gullying and rutting of hillsides) and Sequoia National Forest, including Hume Lake, disturbance to wildlife. These have not been Cannell Meadow, Greenhown, Hot Springs, and universal problems, but occur frequently Tule River." Analyzing ORV damage in the throughout the Region."'" (The Intermountain southern part of the-Sequoia, Wilshire reports: Region consists of 16 National Forests in Utah, "The soils in the area ... are shallow and are Nevada, major parts of Idaho and Wyoming, and underlain by granitic bedrock. That the grass a small part of California.) Along the Wasatch cover provides no significant protection against Front near Salt Lake City, for instance, four- vehicles is amply illustrated by the fact that single wheel drive vehicles have severely damaged a 2- and 4-wheel vehicle passes are sufficient to number of canyons such as Mill Creek and Big completely strip the grass and expose the soil Cottonwood by cutting new roads through thick surface. These observations are consistent with growths of brush into the mountains. The 4x4s those made at more than 300 sites of off-road have felled fences and trees which got in their vehicle use in 7 western states, and clearly way. Portions of this land are managed by the indicate that designation of any simila@ land in Forest Service and others by Salt Lake Count, Sequoia National Forest as open to vehicle use is or private owners. 195 Y an invitation to rapid degradation of the soil Harold Ramsbaches, acting director of the mantle."'9' BLM in Arizona, reports: "We believe that ORV The 2-million-acre Shasta-Trinity National For- use is increasing in Arizona, probably faster than est in northern California has steep slopes and the rate of population growth."'" plentiful rainfall, ranging from 30 to 70 inches Daniel P. Baker, the BLM director in Wyo- per year. One of the reports of "extensive" ORV ming, also reports that ORV use is increasing. damage to this National Forest comes from Asked to describe the environmental effects of Jennifer Whipple, a botanist at Humboldt State ORVs on BLM lands in the state, Baker said: 24 4., IV "The findings [from a study in the Casper Dis- have been similar occurrences on public land in trict) indicate that ORV use is detrimental to Alaska; only there the roads were first cut by watershed values where moderate to steep slopes prospectors for oil and natural gas."O are involved. There is also an impact on environ- But why single out ORV users for special mental education values by destruction of fragile attention? Hikers, after all, disturb the natural plant species and visual effects of vehicle tracks environment, too. Every human activity in a on otherwise natural appearing areas. Prolifera- natural area alters it in some way or other. The tion of roads by other resource programs such as trouble with ORVs is that they are a multiplier logging or fire control has contributed to the of man. It takes 2 to 3 days for a walker to travel ORV impact."" as far as motorcyclists or four-wheel drivers can Reports of increasing ORV use of public land in 2 to 3 hours. In addition, a motorcycle or 4x4 also come from New Mexico, Idaho, Montana, wheel exerts greater shear-stress upon the ground Colorado. '" than the human foot. A typical motorcycle, Indications are that ORVers are following driven very carefully so as to leave the smallest mineral prospectors into certain wild areas. A mark on the land, affects 1 acre of land for every case in point is Ferris Mountain in Wyoming on 20 miles it travels. A four-wheel drive vehicle the northern rim of the Great Divide Basin. driven in a similar manner affects 1 acre in only Here, on BLM land, uranium prospectors have 6 miles of travel. A person walking has to travel cut roads into the area and this, in turn, has 40 miles to affect 1 acre of land. "' opened "the de facto wilderness to off-road The growing popularity of 4x4s is especially recreational vehicle[s] ... and is hampering ef- unfortunate in this regard. These are rugged and forts toward wilderness designation."'" There powerful machines, and people drive them deep 25 into wild areas for distances and over terrain that snowmobiles but was totally absent from areas motorcyclists would never try to traverse. For not used. The soils of the snowmobile areas instance, 4x4s have been observed driving deep thawed 1 week later than the others."6 in the Absaroka Bear Tooth Wilderness, north Ecologist Shaun Bennett explains the environ- and east of Yellowstone National Park. 202 mental implications of snow compaction by snow- In the past, tall, thick vegetation was the major mobiles: * natural barrier to 4x4s. Now, however, 4x4s are Compacted snow, which is mostly ice, is a relatively good made with higher clearances so they can, for thermal conductor (poor insulator) and the soil beneath it example, crash through dense coyote chaparral freezes readily. Where the plant roots are not resistant to where individual plants are as high as 12 feet. freezing, they are not likely to survive the compaction of snow. The effect may be minimal in a forest where the roots of the dominant plants (trees) are so deep and extensive that The Impact Of freezing due to snowmobile activity would affect only a small part of the total root system. In places where plants grow in Snowmobiles a low mat or "lawn" as in bogs, alpine tundra, and some fields, soil is shallow. When the small individual plants are covered by a single snowmobile path. compaction-induced "Controlled snowmobile use has no discernible freezing is much more likely to be deleterious.... adverse effect on the environment so long as it is A potentially disastrous effect of the soil being compacted kept out of sensitive environments such as winter and frozen is the possibility of "heaving" upon freezing arid yarding areas for ungulates or stands of subsequent serious soil erosion when the earth moves. The saplings.""' That is the position of the Interna- stabilizing plant cover is disrupted when snowmelt makes the tional Snowmobile Industry Association (ISIA), probability of severe erosion high. . . . one of the most energetic groups within the ORV Compaction may also be important to the well-being of small lobby. Unfortunately, the facts suggest a some- mammals like mice, moles, shrews, and voles which are an what different conclusion: snowmobiles driven on important part of most ecosystems and which are active all an adequate snow cover (about 6 inches) do winter. These little [animals] move about in the affect soils, plants, and animals, but far less between the snow and soil. The thousands of intertwining runways and tunnels which are apparent in the grass after the extensively than motorcycles, dune buggies, and spring melt are clear evidence of their extensive travels. 4x4s. Compaction of snow not only encourages the freezing of the As far as public land is concerned, trailbound soil in which these animals find sustenance, but it may also snowmobiling is much more common on National effectively "wall them off" with an impenetrable barrier of Forests in New England and the Upper Great ice and frozen soil. . . . (Aln adverse effect at the level of Lakes States. Cross-country snowmobiling is rodent survival is likely to be felt throughout the ecosystern. more common on National Forests and National Rodents feed on certain plants (thereby controlling their Resource Lands in the Rocky Mountain and numbers) and also serve as the major dietary items for many Northwest Regions as well as in California. hawks, owls, and mammals like foxes and 'coyotes. Snowmobiles are also run on snow-covered . . . The unplowed permanent logging roads o 'I lumber gravel or surfaced roads in forests and parks in companies make excellent snowmobile trails and they get many parts of the country. In these instances, of intensive use. But alas, compaction of their snow cover leads course, their effects on plants and soils are to frost heaving, erosion during spring thaw and (al later thawing season. All this spells losses for the loggers in terms negligible. of increased maintenance costs and decreased annual usable When a 400-pound snowmobile treads over a period.' snow-covered landscape, its number one environ- mental effect is to compact the snow, despite the Dr. Wallace J. Wanek and his colleagues at fact that snowmobiles exert surprisingly little Bemidji State University studied the impact of downward pressure. The downward pressure of a controlled snowmobiling on soil and plant life in 400-pound snowmobile averages one-half pound northern Minnesota. Their research is the most per square inch (psi); in contrast, a four-wheel definitive on the subject. From data collected drive vehicle exerts 30 psi and a hiker 5 psi.'O' over 5 years of work, they have reached certair Nonetheless, snow compaction occurs, especially conclusions: on well-traveled snowmobile routes. In Minne- sota, for example, scientists observed that during Reprinted by permission of Charles Scribner's Sons from spring thaw an ice layer nearly 2 inches thick was The Snowmobiler's Companion 1by Sally Wimer. Copyright (0 present in the areas traversed and compacted by 1973 Sally Wimer. 26 i 1. The environment beneath the snow com- cases snowmobile traffic was begun after 6 inches pacted by snowmobiles is substantially colder of snow had accumulated, a condition which is than that under natural snow cover. Even usually not met during normal snowmobiling during comparatively mild winters, plant activity."' growth and flowering are retarded. During Fred W. Cowan, resident manager of the St. winters of average severity, large numbers of Regis Paper Company, West Stewartstown, New perennial herbs such as Jerusalem artichoke, Hampshire, corroborates Wanek's findings about smooth blue aster, and wild sarsaparilla, damage to trees: "It is the devious way in which which have fleshy subterranean organs, are snowmobiling can be detrimental to growth, likely to perish where snowmobiles travel. management, and harvest of the forest which is This mortality is due to significantly colder causing considerable consternation to timberland soil temperatures producing intracellular ice owners." What he is referring to is that snow- crystals which cause cytolysis, dehydration, mobiles break the tops of trees, thereby making and other tissue disruptions. them grow crooked and reducing their timber 2. Alfalfa winter kill can be expected in areas value. Also, snowmobiles break open tree limbs traversed by snowmobiles, the amount of or trunks, making the trees vulnerable to fungi mortality being directly correlated with and insect damage.110 Nonetheless, St. Regis and traffic intensity. With one or two traverses other lumber companies do allow public snow- per season, alfalfa productivity usually de- mobile trails on their lands in states such as New clines 20 percent or less, but under higher Hampshire, where snowmobilers have demon- intensities alfalfa productivity declines as strated a willingness to stay on the trails. much as 75 percent. Mild winter tempera- Are there detrimental effects of snow compac- tures and heavy snowfall tend to reduce the tion by snowmobiles on frozen bodies of water? impact of snowinobiling. The causes of al- Here the testimony is both scanty and contradic- falfa winterkill are manifold. There are indi- tory. cations that the ice layer which forms under Biologist Dr. Gale Gleason reports that a compacted snow traps some carbon dioxide study conducted at Lake Superior State College in the root zone and toxic concentrations shows that the compaction of snow over an ice could be attained. In addition, the 'colder soil surface results in an increased percentage of light temperatures reach and disrupt alfalfa root transmission. "This increase in light transmission tissues. could help alleviate 'winter kill' so common to 3. Many woody plants are particularly vulnera- the smaller eutrophic lake systems that abound ble to physical damage by snowmobiles. in Ontario, Michigan, Wisconsin, and Minnesota. Young conifers such as Norway pine or white It was found that any compaction down to eight pine are severely harmed by only minimal centimeters provided sufficient transmission to amounts of traffic, many of them perishing induce photosynthesis during normal daylight from the damage. Deep snow tends to pro- periods. 19211 tect small trees and decrease mortality. De- ciduous trees which do not readily form Yet Wisconsin's Department of Natural Re- sucker shoots may be eliminated quite sources has reported that winter fish kill brought quickly where snowmobiles travel. Hence, about by the heavy compaction of lake snow by species such as the large-toothed aspen are snowmobiles is becoming more alarming all the virtually annihilated in snowmobile paths. time. The Department reports that ice beneath Even species such as red oak that do form the compacted snow becomes opaque so that less sucker shoots will also decline if snowmobil- sunlight gets through, and even less plant life ing continues through several winters. How- than usual grows under the lake ice. Therefore ever, most shrub species increase where food supplies for fish, and consequently the fish snowmobiles travel, probably because of re- population, are being sharply reduced."' duced competition for sunlight. Low-growing There is no disagreement that snowmobiles shrubs such as honeysuckle and blueberry make heretofore remote lakes and ponds acces- are the exceptions-their numbers decline in sible to fishermen .113 For example, Jack Hope snowmobile areas.208 reports: "At 80-acre Pierz Lake in Minnesota, Wanek notes that "[t]he damage to plant where summer canoeists were once rewarded for communities reported during this five-year study their six-hour paddle with a catch of a two-pound should in no way be considered maximal. In all trout, a troop of 120 snowmobiles virtually 27 cleaned out the lake in a single winter's day, pecially regarding the impact on large and me- packing out 556 pounds of fish .11114 dium-sized aninials. The impact of snowmobile Nothing as conclusive as the work of Wanek et compaction on smaller animals which inhabit the al. exists on the subject of the impact of snow- subnivean space between the snow and ground mobiling upon wildlife."' surface is more definite, however. A study found Early snowmobile literature reflected a wide- that the winter mortality of small animals in the spread concern about harassment of animals by subnivean space "markedly increased under snowmobilers. One survey in the winter of 1971- snowmobile compaction"-perhaps as much as 72 found that 62 percent of Minnesota game and 100 percent. The high mortality is attributed to a fish enforcement personnel thought snowmobil- number of factors, including extreme physical ing was either very harmful or moderately harm- modification of the subnivean space, the reduced ful to wildlife through such activities as: insulation from colder temperatures provided by "disruption of daily activity patterns, increased compacted snow, and perhaps some toxic in- stress and energy expenditure, and chasing deer crease in subsnow carbon dioxide levels."' either intentionally or inadvertently by curious A study of the impact of snowmobiling on snowmobilers. Driving snowmobiles through deer radio-collared white-tailed deer found that light yards or winter concentration areas was men- snowmobile traffic displaces deer from areas tioned as a serious effect along with establishing immediately adjacent to the snowmobile trails, packed trails that allow dogs or wolves to chase but further snowmobiling had little effect on deer deer. 11116 The wildlife managers in Minnesota movement, and in fact they became habituated thought the most harassed species were white- to snowmobile traffic. Some wildlife experts now tailed deer, foxes, pheasants, and rabbits."' suspect that the reaction of deer to snowmobiles Another survey of conservation officials in 31 will vary from area to area, depending upon snow states by National Wildlife in 1974 indicated whether or not the deer are used to human that wildlife harassment was still considered a activity of other kinds-logging, summertime problem: "In at least 15 of those states recently, ORV riding, mineral exploration, etc."' there have been specific instances of wildlife In White Mountain National Forest, Forest harassment and killing by snowmobilers. In all, Service biologists monitored the effects of snow- 20 states report that snowmobilers definitely pose mobile traffic on a road in the proximity of a a general problem for wildlife and habitat alike. deer yard. They concluded: "The degree of And despite claims that steps have been taken to snowmobile use on the Rob Brook Road did not reduce abuses, only 6 of the 31 states responding appear to have any effect on the travel patterns to the survey report that the situation has im- of deer which winter in the Rob Brook deer proved. "I" yard. The physiological effect on the deer is ISIA contends that there has been a drastic unknown. However, no evidence of winter mor- reduction in wildlife harassment by snowmobilers tality could be found in this yard. Based on in the last several years. They attribute the information from New Hampshire Fish and improvement to three factors: Game personnel, New York State, and personal � the increased number of established trails observations, significant increases in either the which are now available to snowmobilers number of machines per hour or the length of reduces the possibility that they will strike the machine-use day from present levels will out across country; probably have an adverse effect on deer travel � snowmobilers have become more conscious and physiology, especially during more severe of the harm that they can do to wildlife and winters." They recommended that the Forest seek to avoid it; Service be prepared to reroute winter ORV � a growing number of snowmobilers belong to traffic if it increases significantly."' snowmobile clubs which actively discourage Much less work has been done on the impact wildlife harassment.219 of snowmobiles upon other ungulates such as elk There is no direct evidence to confirm ISIA's or moose, but they are thought to be more contention, but the incidence of reports in the sensitive to the sights and sounds of snowmo- popular and scientific literature of deliberate biles. harassment of wildlife by snowmobilers has The response of medium-sized animals to dropped sharply in the last 3 years. snowmobiles seems to vary greatly. Snowshoe More recent studies of snowmobile impact on hares avoid snowmobile trails but red foxes are wildlife have produced contradictory results, es- active near them. Snowmobiles apparently have 28 little effect on red, grey, and fox squirrels. engine noise, obnoxious smoke, gas and oil odors and Again, snowmobiles provide hunters and trap- dangerously high speeds. Whereas previously many persons pers with increased access to wildlife in remote of all ages and wealth could observe the beauty of unspoiled areas. As a result, the population of beavers, for land, now a single ORV can reign supreme." example, has been reduced in certain areas. 223 Gary A. Rosenberg Snowmobile-caused mortality of smaller mam- Environmental Affairs, 1976 mals will undoubtedly affect predator populations Consider the snowmobile ... and the often-heard argument (owls, eagles, hawks, bobcats, wolves, etc.), but that this machine makes it possible to "get way back in there, to what extent has yet to be determined. away from it all." There are, of course, several other ways to Obviously, conclusions about the environmen- "get back in there," including snowshoes and skiis. Maybe if tal impacts of snowmobiling must be cautious. you need an engine to get there, you don't belong there in The environmental impacts of snowmobiles driv- the first place! To my mind, "getting away from it all" means, en on an adequate snow cover and on trails foremost, getting away from our society's overdepenclence on specifically designed to bypass fragile locations the combustion engine." Jerry Buerer, professor of might very well be insignificant. On the other sociology, Marquette University hand, the environmental impacts of snowmobiles and organizer of a group to that roam at will across country could be serious. protect the rights of non- More conclusive statements concerning the ORVers, 1975 environmental consequences of snowmobiling must await further research into a number of I lived in Hampden, Maine for four years. My home backed poorly understood issues, such as: onto a wild area. There was a narrow footpath there which 1. Does snowmobile use in fact create toxic wound around the moss-covered rocks and through the buildups of carbon dioxide beneath the snow blueberry bushes. I saw decr, bear and moose there. Then and if so, what are the long-term effects on came the snowmobiles. Wherever they passed over a thin snow cover, they scalloped the land-leaving depressions animals and plants? which in the summer turned very muddy. They scared away 2. What effect do snowmobile pollutants like the big animals; after a couple of years, I never saw them lead have on frozen bodies of water and the again. They crushed smaller plants and saplings-flattened plant and animal life within them? them like pancakes. And the snowmobiles turned that foot- 3. Snowmobiles manufactured today are consid- path into a 10-foot-wide hog wallow. They ruined that land erably quieter than they were 5 to 10 years for me. It was never the same again."' ago when many of the studies were con- Edgar A. Imhoff, ducted. What are the physiological effects of Environmental Planner, these lower sound levels on wildlife, espe- Resource and Land Investigation Program, U.S. Geological cially birds, ungulates (nondeer species), Survey, 1977 predators, and smaller mammals? [We need to] provide some place on God's green earth for man to spend some time without hearing a damned motor." CONFLICTS WITH Ben Huffman, Vermont Department of OTHER USERS Forests and Parks, 1974 Yes, ORV and snowmobile use of the land conflicts with other human uses of the land. As Just before I arrived at the Coral Dunes [in southern Utah] a the foregoing quotations suggest, the conflicts local newspaper announced the coming invasion of a fleet of engendered by these machines can be quite sandbuggies which proposed to race up and down over the bitter. dunes.... [H]ere is another example bf the fallacy of "mul- tiple use." You cannot use the Coral Dunes (now an Reports from public land managers in nine undeveloped state park) for both sand-buggy racing and the western states indicate that conflict occurs, upon quiet enjoyment of their aesthetic, ecological and geological occasion, between commercial users of the land, interest." such as ranchers, and ORV recreationists."9 The Joseph Wood Krutch, 1969 conflict with grazing, in fact, seems to be more common than with logging or mining. For exam- ... [01ne ORV operator can effectively restrict a large ple, New Mexico BLM director Arthur W. Zim- public area to his own use through the emission of loud merman notes that complaints from ranchers 29 have been received concerning trespass, cut until they left Sunday. At midnight Saturday night guns were fences, broken gates, polluted livestock water, shot off drunkenly until even the blaring rock music seemed new jeep roads,. noise, gully erosion caused by a pleasant interlude.' hill climbs, and interference with their livestock Weinstein notes that another camper tried operations.' The less frequent complaints re- twice to get a sheriff or highway patrolman but ceived from loggers and miners usually concern did not succeed because it was the weekend. He vandalism of their equipment and property by concludes: "It is clear to anyone with eyes, e .ven ORVers. in the absence of quantitative data, that the The most serious conflict arises between ORV canyon cannot long survive the abuses to which operators and nonmotorized picnickers or camp- it is currently being subjected,"2m ers, hikers, backpackers, sightseers, and so on- Federal land managers call ORVers like those or between ORVers and persons using the land in Afton Canyon "bad apples" and note that for educational purposes-students, teachers, re- "there are a few bad apples in every group." The searchers. difficulty is that many land managers receive Nonmotorized recreationists do not enjoy their more complaints about motorized "bad apples" encounters with motorcycles, dune buggies, and than nonmotorized ones-hikers, anglers, and so four-wheel drive vehicles, numerous studies have on. Only a tiny fraction of all ORVers across the shown.211 The ORV operator, on the other hand, country are "bad apples," so incidences of this is often quite tolerant, even oblivious of the per- son on foot or horseback .212 kind are not typical, but there are enough "bad ORVs, in other words, impair other people's apples" that they are not unusual either. Idaho BLM director William L. Mathews ar- enjoyment or understanding of the outdoors on public land. In terms of public policy, this is a gues that "the number one factor that determines problem equal in importance to ORV damage of the level of environmental impacts and user the environment. conflicts is the human element: the operator What is it that non-ORVers find so bothersome himself. Skilled, courteous operators with prop- about these machines? Noise, dust (in and and erly tuned equipment can operate vehicles with semiarid areas), gas fumes, oil on trails, disrup- minimal effect on the environment and little tion of wildlife, and destruction of plants are the conflict with other users.2" This is a widely held most oft-cited complaints. Occasionally, there is view among federal land managers and Heritage a more sinister cause for complaint-lawlessness. Conservation and Recreation Service officials, The vast majority of ORVers are law-abiding and it is largely wrong. St. Francis of Assissi and courteous citizens. But there are exceptions, himself while driving an ORV on wild land could and encounters with them can be nightmarish. not avoid diminishing the recreational experience Biologist Michael Weinstein recounts such an of many non-ORVers in the same area. (Nor experience during a recent weekend outing to could he prevent much of the environmental Afton Canyon (BLM land) in the California degradation.) Desert: Why? Because, as a BLM Environmental Im- pact Statement noted: "Silence is a resource. Among the campers present at that time were several groups These sounds which man typically associates with of off-roaders. One group of about ten individuals ... arose the pristine natural environments are perceived at 7 Saturday morning, made a large fire out of mesquite by the senses as solitude. The solitude of the which they chopped down, and turned on a very loud tape desert is one of its ... valuable resources."' deck. Neither the fire nor the music was extinguished until Substitute the word forest or prairie or mountain 2:30 in the morning in spite of several complaints by other or meadow for desert and the truth of this campers. statement still stands. The noise of an ORV Trail bikes were driven up and down the campground at all punctures that solitude. Hikers and campers, for hours of the day and night, as well as in every conceivable example, do not trek miles into the wilds to hear spot in the canyon. A total of five guns were used, three 22's, a chorus of internal combustion engines, however a 12-gauge shotgun, and a 38 caliber pistol. They were fired polite the drivers, however well-tuned their en- near and actually in the campground. I was on one side of a gines, although certainly a good muffler and a bush only a hundred yards from the campground while one courteous driver make the experience less un- person shot a 22 at a bird from the other side. It is a miracle pleasant than it would be. Direct encounters with that neither I nor the bird was hit. in spite of being told of the restrictions on shooting within a half mile of the camp- ORV machines simply are not compatible with ground and that hunting season was over, shooting continued the quality of outdoor experience being sought 30 by a majority of Americans. For example, a under certain forest conditions-widely spaced study of forest trail users in Ohio found that the trees and a high canopy of foliage-sound carries majority enjoyed meeting trail users traveling by farther than in the open where the atmosphere is less mechanized means. Sixty-six percent of the subject to greater vertical wind movement and sample felt that meeting motorcyclists on a trail differences in temperature." was undesirable. A study of campers in a Wash- Motorcycles are getting quieter. The Motorcy- ington State Park revealed that 74 percent indi- cle Industry Council urges its members to manu- cated a strong dislike for motorcycles in facture cycles that emit no more than 86 dBA at campgrounds .17 50 feet. Harrison thinks that most models made Forest Service engineer Robin Harrison, who today are now in compliance." has pioneered much of the research into ORV Some states have set ceilings for ORV sound noise, states that "annoyance with ORV noise is output. For example, Section 38370 of the Cali- not solely a function of the level of the noise. fornia Vehicle Code mandates that all ORVs Listener attitude is one of many important pa- manufactured on or after January 1, 1975, emit rameters in the determination of annoyance.""' no more than 86 dBA at 50 feet. It should be Harrison concludes: emphasized, however, that not all ORVs now in Some people associate dust, odor and rowdy conduct with the field meet such standards. Some machines motorcyclists. Much of the dissatisfaction expressed with are older and therefore noisier. Others are motorcycle noise may not be directly attributable to the noise noisier because their owners have removed the itself, but to other unpleasant characteristics of motorcycles machine's muffler or souped up its engine. There and motorcycle operaiion. Since noise is the most easily is no evidence that the states are systematically identifiable unpleasant characteristic of motorcycles, motor- monitoring ORV noise in forests, deserts, or cycle noise is likely to continue to be a prominent source of anywhere in the countryside. What percentage of complaint from the public as long as motorcycle noise is ORVs in operation are actually in compliance heard. with legal noise levels? It is impossible to tell at It, therefore, seems apparent that no matter what sound level this time. is achieved by the motorcycles, if indiscriminate operation in Harrison estimates that under forest condi- campgrounds and other places of visitor concentration con- tinues, motorcycle noise complaints will continue to plague tions, the noise from an average motorcycle is forest managers. However.... the extent of the area disrupted detectable 7,000 feet away. A quiet motorcycle is by motorcycle noise would be reduced if the loudness of in- detectable 4,000 feet away and a loud one at dividual motorcycles were reduced. Thus, it seems logical to 11,500 feet. "[Tlhese numbers are generally con- limit the noise from motorcycles. 1-" servative, and probably represent distances which Weather and terrain are both important in the would not be exceeded in more than 25 percent attenuation of sound (though the effect of terrain of the cases."' by itself is not well-understood). For example, In the Oregon dunes, Harrison found that the the noise from a four-wheel drive vehicle in a sound level of dune buggies at 50 feet ranged forest may be audible a mile away on a relatively from 91 to 100 dBA and that they were detecta- still day, but only a quarter of a mile away if the ble from 2 to 4 miles away. Four-wheel drive wind is howling. The sound of an ORV will vehicle sound ranged from 77 to 81 dBA and was definitely carry farther under colder, dryer, and detectable from four-tenths of a mile to one and stiller weather conditions although wind direction a half miles away.41 and intensity are the most important factors.20 Snowmobile manufacturers have made the Or, for another example, a four-wheel drive greatest progress in reducing the noise output of vehicle roaring along a ridge may not be audible their vehicles. Early commercial snowmobiles in the valley below, but it might be quite loud to averaged about 102 dBA at 50 feet away. Now someone on an adjacent, ridge. 14' almost all meet the IYA's standard of 78 dBA or Vegetation by itself is not nearly as effective a less at full throttle. A t 15 miles per hour, all new barrier to ORV sound as recreational planners snowmobiles emit less than 73 dBA. By compar- once assumed. Harrison found that the sound ison, the average accelerating automobile emits attenuation of meadow or brush conditions aver- about 84 dBA at 50 feet.m aged only 1 decibel at 100 feet after atmospheric The fewer decibels emitted by new snowmo- absorption and spherical divergence were taken biles have helped to lower the decibel level of into account. Mature conifer or oak forests are the snowmobile-nonmotorized recreationist con- even less effective in attenuating sound. In fact, flict, especially with the growing numbers of 31 Nm_ cross-country skiers. But to say, as ISIA does, contemplative, according to BLM recreational that "conflict among winter recreationists today planner Robert Badaracco." He cites as evi-. is isolated and disappearing" is overly optimistic.' dence the case of Lark Campground, situated. The political battle which has raged in Minnesota east of San Diego "in a broad and beautiful over whether or not to allow snowmobiles in the valley where coast and desert meet." Boundary Waters Canoe Area suggests other- "Constructed about 1967, the quiet and iso- wise. So do the last 3 years' back issues of such lated campground was in the beginning fre- periodicals as Audubon, National Wildlife, The quented by traditional outdoor recreationists, ORV Monitor, National Parks and Conservation weekend family campers, older couples enjoying Magazine, Jack P. Maloney, Chairman of the the sun.... Gradually, the motorcyclists came, Nordic Trails Development Committee of the at first just one or two now and then, and United States Ski Association, believes that the eventually more and more. Upset by the noise, key to solving the conflict between snowmobilers dust, and commotion, traditional weekend users and "people who enjoy quiet, non-ftiotorized began to complain, then disappear. Today, 50 outdoor recreation" is for public land managers percent or more of the former user types have to provide separate facilities for both-and to been displaced . . . ."250 keep them separate. He adds: "Snowmobilers Badaracco calls this phenomenon the ISD syn- were on the scene first and they have resisted drome-that is, the progression from i .Impairment giving up any trails to cross-country skiers. We of satisfactions to suppression of use to eventual have had to fight tooth and nail for places to displacement. "The irony of the ISD syndrome ski. "I is that administrators and managers tend to meas- Generally, the noisier, more consumptive, and ure recreational demand on the basis of current uncontemplative recreation activities, such as participation rates," Badaracco points out. "if a ORV riding, preempt and drive out the activities resource supervisor sees a given recreational ac- that are quieter, less consumptive, and more tivity prevailing at a certain site, he interprets this 32 4: "tx as a reflection of public recreational demand. If tances, often 1,500 meters or more. In such a the site he observes is used to capacity, he may situation, a motorcyclist traveling 120 kilometers plan additional sites or programs for the same in a day would extend his audible presence 1,500 purpose, even though the previous users have meters on either side of his route of travel and been displaced. Thus the administrator may al- thus into 360 square kilometers of adjacent locate additional opportunities to a group which terrain. On the other hand, 150 hikers, bird has suppressed or displaced a former traditional watchers, or photographers could easily utilize group. In effect, the administrator, perhaps un- such an area with few encounters or no aware- wittingly, assists in the suppression and displace- ness of another's proximal presence. Loudness ment of additional traditional users. Enough and mobility magnify the presence of the individ- managers following the same course could well ual motorcycle rider in a logarithmic way and set into motion recreational evolutionary pro- diminish the aesthetic satisfactions of other rec- cesses which change the character of outdoor reationists who may be present over an extensive recreation despite the intense feelings of a broader area."253 public."2" In effect, ORVs- shrink the amount of land Badaracco suggests that the ISD syndrome, available for non-ORV recreationists. If the already well-advanced in the California Desert ORVers stay on specific trails, then the amount and such places as the Los Padres and Sequoia of shrinkage is confined to the trails and the land National Forests, is now spreading to other immediately adjacent to them-the corridors of public land areas, especially in the West.251 ORV noise. If they roam anywhere in an area, ORVs thus invade the attitudinal and physical then the amount of land available to the quiet- space of non-ORV recreationists. Badaracco seeking non-ORV recreationists; in that area notes: "In an exceptionally quiet wildland envi- shrinks to zero. ronment, such as the desert, sound from a loud In this regard, ORVs could not have come at a motorcycle is readily perceptible for great dis- more inopportune time. Recreational land is an 33 increasingly scarce resource. The supply is dwin- counted for 47,617 person days of desert use; dling in absolute terms-as the nation paves over research accounted for 12,522. Elementary and land for roads, housing, parking lots, shopping secondary school use of the desert totaled an centers, and other urban developments at the estimated 183,271 user days. (Because only edu- rate of more than 1 million acres per year-and cational institutions in southern California were in relative terms because of the great upsurge in surveyed, these figures are no doubt low.) The outdoor recreation demand. In other words, teachers and researchers were asked to identify ORVs are making a scarce resource even scarcer the disturbance to the desert which interfered for the growing number of non-ORV recreation- with study or research. They ranked ORVs ists. number one. Vandalism and urban expansion There is another kind of conflict generated by ranked a distant second and third, followed by ORV use of public land. It involves something road construction, overgrazing, and mining. 118 resource planners have come to call "the exist- It is no wonder that 145 scientists from ence factor."' Millions of Americans who have throughout California petitioned the BLM in never seen and will never see in the flesh a blue 1975 to protect the desert from further ORV whale are still concerned about its continued damage. They warned that if the present rates of existence. The same holds true for resources ORV destruction continue, "opportunities for affected by ORVs. People who have never hiked the study of native flora and fauna and natural a desert canyon derive satisfaction from the interrelationships will be reduced," and "the thought that it remains a wild place where a future of and lands teaching and research will be carpet of wildflowers will bloom after a spring compromised. "'59 rain or where golden eagles still wheel through Biologist Bruce Bury, contemplating the in- the sky in search of prey. creased use of ORVs across the U.S. but espe- The "existence factor" played a part in the cially in western states such as Colorado and recent controversy over snowmobiling in Grand Arizona, says: "Biologists are in a race with the Teton National Park. When the Park Service ORVs. We have to go out and count the wildlife announced its intentions to leave open certain before the ORVs get to it. I can't believe how trails and cross-country areas for snowmobilers many ORVs are out there now."'" during periods of adequate snow cover, the public response was surprising. As might be expected, non-ORV user groups such as the National Parks and Conservation Association protested: "Snowmobiles are a raucous irritation to many park visitors. 11215 But some letters also MOTORIZED came from people who have never used the park _r%jU, JNJ2, in the winter but who disliked the very idea of RECREATION snowmobiles violating this otherwise pristine area. About 600 letters from throughout the AND THE country came in, 57 percent of which were opposed to continued use of trails and open areas by snowmobilers. The Park Service revised its ENERGY CRISIS policy-restricting snowmobiles to existing roads in the park." In the winter of 1978-79, however, due to political pressure from local snowmobil- Many environmental groups have emphasized ers, the Park Service planned to allow cross- that ORV and snowmobile use should be cur- country snowmobiling in the 2,000-acre Pot tailed as an energy saving measure. However, Holes area of Grand Teton. Normally, cross- ORV and snowmobile use represents such a country snowmobiling is not allowed in National small fraction of the nation's energy consump- Parks." tion that even if they were entirely eliminated, An often overlooked use of public land is the energy saved probably would not be worth education-teaching and research. A recent sur- the effort. In addition, off-road motorized rec- vey commissioned by BLM of educational use of reationists might spend more time in their auto- the California Desert suggests that it is far more mobiles if their ORV and snowmobile use is extensive than previously imagined. During one curtailed, further reducing the net amount of school year, college and university teaching ac- energy saved. 34 Americans are projected to consume 112.7 than they do while they are there, but it is hard billion gallons of gasoline in 1978, and gasoline to imagine that this consumption is sufficient to consumption accounts for about 20 percent of push their total gasoline demand beyond the 3 the nation's total energy consumption.161 Some billion gallon a year mark-still less than 3 rough calculations (see Appendix 3) suggest that percent of total gasoline consumption. motorized recreationists consume about 1,040 For those interested in saving energy in the million gallons of gasoline per year-less that 1 transportation-recreation sector, air travel would percent of the nation's total gasoline consump- seem a far better prospect. To transport one tion." There may be 10 million of these vehicles passenger from Detroit to Miami on a Boeing in operation, but the two most numerous types 727 takes about 136.6 gallons of fuel-enough to of motorized recreational vehicles-snowmobiles run the average snowmobile for a little over 2 and motorcycles-average only about 53 and 30 years or an off-road motorcycle for 41/2 years."' gallons per vehicle a year respectively .161 Of Making more efficient automobiles would seem course, many ORV and snowmobile riders also to promise an even greater energy saving payoff. burn energy getting to and from the areas where Automobiles are still the primary recreational they ride. Indeed, there are indications that vehicles in the United States, not motorcycles, many dedicated ORVers are willing to drive snowmobiles, dune buggies, or four-wheel drive more than 2 hours to reach a suitable place to vehicles. ride.' There are no reliable estimates of what this additional energy expenditure comes to. It Only in the event of a national energy emer- is possible that ORVers and snowmobilers con- gency could ORV energy consumption be con- sume more fuel getting to and from riding sites sidered a major issue. 35 PART 9: ORV THE FEDERAL RESPONSE We recognize that off-road recreational vehicle use is one of many legitimate uses of federally-owned lands.' Rogers C.B. Morton, Secretary of Interior, 1971 In the land use planning process, the question should not be, should we close an area to ORV use? but---can ORV use, in some form, be permitted on the area? One of the primary questions . . . is generally-How much resource impact can we live with in providing for a recreation activity such as ORVs?` U.S. Forest Service, 1974 The federal government's first concerted effort the desert is fragile. The struggle for existence is harsh, and to come to grips with the ORV phenomenon was the delicate balance between soils, plants, animals, water, and in 1968 when the California state office of the air can be damaged for decades or destroyed by thoughtless BLM and the Western Regional office of the exploitation." National Park Service published The California In 1969, the BLM in California convened the Desert. This document warned that "the uncon- Off-Road Vehicle Advisory Council (ORVAC), trolled use of off-road vehicles has caused consid- a group comprised of ORV organization repre- erable damage to the desert environment."' It sentatives, environmentalists, ranchers, and busi- urged that "the California Desert recreation nessmen. Despite the members' many differences, resource be brought under immediate protec- this group reached a consensus on a number of tion"' and suggested that the BLM develop issues. It urged BLM to develop a plan in which 170 specially designed centers for ORVs. It ex ORV use could be effectively accommodated and 273 pressed the hope that by rotating use of the controlled. E. Lamar Johnston of the Califor- terrain within these centers, "the desert surface nia Cattlemen's Association summarized what can be conserved" and the ORVers would not be seemed to be ORVAC's principal conclusion: continually searching for new areas in the desert to use .271 We should all try to make this recreation thing work-- It was another 5 years before BLM issued an programming and management and money, of course, are going to come in the picture. You just can't turn them loose. ORV use plan for the California Desert. As will They did that 100 years ago but we have come to the point Poficy be seen, the BLM has yet to bring the environ- where we have run out of land and a place to put them. It is mental damage caused by ORVs under effective going to take management by the Government and private control, some 10 years after its report sounded enterprise-everyone put together."' this alarm: ORVAC wrote 24 specific criteria for defining The desert is limited. Its resources are exhaustible. In truth, areas where ORV use should not be allowed. 36 These included, for example, "areas where soils catalyst in assisting the States to stimulate the are classified as highly susceptible to erosion," or efforts of local levels of government and the "sites with scientific values such as historical, private sector to evaluate, encourage, and pro- biotic, archaeological and paleontological where mote all recreational activities . . . .""I It also damage would occur," or "known, potential and suggested that the federal government promote existing camp and picnic grounds or other appro- motorized recreation on public land, noting with priate recreation development.""' Today ORV approval that "the Carson National Forest in riding regularly occurs in all such places, either New Mexico has been using news releases to because they are not protected by the BLM or publicize the new sport of snowmobiling."I" because of the BLM's inadequate enforcement of The Interior Department task force saw ORVs its ORV regulations in the desert. as primarily a state responsibility: "[Tjhe States can insure that adequate provisions are made for the use of these vehicles, and will be able to maintain this recreation activity as a complement Interior Department to the total outdoor recreation picture."" This emphasis on the states' role is puzzling; the Task Force federal government administers 743.2 million acres of land, and all state lands together com- In 1971 the Secretary of Interior formed a prise less than half that amount. special task force to study the ORV problem- The task force also foresaw the increasing use the first attempt at the national level by the of privately developed facilities for ORV recrea- federal government to assess the ORV phenom- tion. "It is gratifying to see the emphasis the enon which was, by this time, a full-fledged private sector is placing upon accepting the public land management problem. challenge of providing a place for the motorized The task force never directly confronted the recreation vehicle.""' In fact, no such private key question of how the federal government is to sector response has occurred, as already noted, manage ORV use of the public land while still because the private sector cannot compete with meeting its responsibility to maintain "resource the free facilities provided by the public sector, productivity in harmony with an enjoyable, especially public land managed by the BLM and healthy environment.""' In other words, how are Forest Service. the Forest Service and the BLM to make ORVs The task force was correct, however, about compatible with the land's other multiple uses'? one development: the "indiscriminate free use" The task force found that "to eliminate or of private land by ORV drivers has declined, minimize much of the environmental damage primarily because either private landowners and through regulations and commonsense use, will managers have enlisted the aid of local law require a much greater knowledge than we now enforcement agencies in keeping them off their have about long-range irreparable effects of land or they are now charging the ORVer for the ORRV use.""' use of their land.2" It noted that studies were underway to assess Lastly, the task force stated: the environmental effects of ORVs. "Results, Wilderness and primitive areas have been set aside to insure however, will not be available for several that some lands in the country would be preserved in their years."2"I And in the meantime? According to natural habitat and that peace and serenity would prevail and the task force, the federal government should be available to the particular users that frequent such areas. proceed with a land classification system specifi- By the same token, the off-road vehicle user deserves similar cally designed to protect the resources and to consideration as the backpacker in the selection of places to provide "a place for the motorized vehicle user enjoy his outdoor endeavors.' on public lands.""' The difficulty with this ap- This statement, more than any other, reveals proach is: How does the government prevent confusion in the Interior Department's thinking long-term and irreparable damage to the public's on public land use decisions. natural resources by ORVs while the studies and First of all, backpackers' use of wilderness the land classification process is going on? The areas is secondary; the primary reason these task force ducked this pivotal issue. areas were set aside is to preserve nature unim- Instead, it urged that "the Federal Govern- paired for future generations .2" ment should assume the role of coordinator and Secondly, the statement suggests that any time 37 W T, TT dt J5@ T, %:7 2Q 4 a group of people develops an interest in a use by the majority of recreationists and, in some particular outdoor recreational pastime, the fed- cases, by future generations as well. eral government is obliged to provide them Despite these deficiencies, however, the Inte- public land on which to do it. If, for example, rior Department task force report did accomplish the power chain saw becomes a recreational tool, something-it points out the need for a broad must the federal government provide RCSers federal policy on ORVs."' In February 1972, (recreational chain sawers) with public trees and President Richard Nixon signed Executive Order shrubs to cut down? 11644. (For the full text, see Appendix 1). Although most land use decisions in the United This Executive order provides a framework States are commercial ones, i.e., they are gov- within which the various federal land manage- erned by the profit motive, land use decisions on ment agencies could begin to cope with the ORV the public domain must by law take into account phenomenon in a systematic manner. It calls values which benefit all but provide profits to no upon the agencies to designate specific areas and one-aesthetic, wildlife, watershed, and scientific trails on public lands where ORVs will be per- values. mitted and areas and trails where they will not. Thirdly, the task force failed to distinguish It requires that the ORV areas and trails be between the consumptive use of a limited re- located so as to minimize: source such as recreational land and relatively 9 damage to soil, watershed, vegetation, and nonconsumptive uses (hiking, etc.). The relative other resources of the public's land; scarcity of a public resource must be taken into * harassment of wildlife or disruption of wild- account in making trade-offs. When it comes to life habitats; meeting recreational needs, nondestructive uses o conflicts between ORVs and other existing or ,of the land are more efficient. Moreover, con- proposed recreational uses of the same or sumptive use of the resource often precludes its neighboring public lands. 38 It also requires the agencies to "monitor the The National Wildlife Federation, the nation's effects of the use of off-road vehicles on lands largest membership conservation organization, under their jurisdiction," and "[o]n the basis of sued the Secretary of Interior for not complying the information gathered, they shall from time to with Executive Order 11644. In May 1975, the time amend or rescind designations of areas or Federal District Court of the District of Colum- other actions taken pursuant to this order ...... bia ruled that the BLM's regulations were in Executive Order 11644 prohibits ORV use in violation of Executive Order 11644 and directed Wilderness Areas or Primitive Areas (except for BLM to issue regulations meeting the require- official use-firefighting, law enforcement, etc.). ments of 11644 "after consideration of alterna- And in regard to the National Park System, tives as required by the National Environmental Natural Areas, or National Wildlife Refuges and Policy Act.""' Game Refuges, ORV trails are allowed "only if In his decision, District Judge William B. Jones the respective agency head determines that off- ruled that the BLM, by declaring its land open to road vehicle use in such locations will not ad- ORV use while specific designations are made, versely affect their natural, aesthetic, or scenic had done more than maintain the status quo: values. [T]his designation, being an official governmental act, changes the character of the land use policy, tilting it in favor of ORV use. Future designations will not be made in the context of BLM's Response applying the required criteria to decide whether specific areas and trails should be opened or closed to ORV use. Instead, The process of designating areas or trails open authorized officers will be required to employ the criteria in determining whether a specific area or trail's existing "open" or closed to ORV use is a laborious undertaking status should be changed to "closed" or "restricted." This for an agency such as the BLM, which adminis- distinction creates a subtle, but nevertheless real, inertial ters 474 million acres of public land. The task is presumption in favor of ORV use.' compounded by the fact that almost no control over ORV uses was exercised prior to Executive Judge Jones also found that the BLM had Order 11644, and hence behavior patterns of "significantly diluted" the criteria detailed in millions of ORV recreationists had already be- Executive Order 11644. For example, where the come established. In addition, BLM has fewer Executive order directs that "[alreas and trails men and women per acre than the other land shall be located to minimize damage to soil, management agencies. watershed and vegetation or other resources of In response to Executive Order 11644, the the public lands," the BLM regulations stated BLM issued land designation regulations in April that designation will be based on "[t]he ability of 1974. These regulations were noteworthy in two the land ... to withstand and sustain off-road respects. First, the BLM declared that all the vehicle impacts" and "[clonsideration of the lands under its stewardship would remain open scenic qualities of the land, and its cultural, to ORV use (with the exception of those few ecological and environmental values." Noting areas previously closed or restricted) until spe- that the "Executive Order sets forth in unambig- cific designations are made. In other words, the uous and mandatory language the criteria that BLM regulations made the status quo official. are to be employed in the designation of areas Second, the BLM failed to set a date for com- and trails for use or non-use of ORVs," the pleting the designation of its lands, as required Judge concluded that the BLM had "not adhered by Executive Order 11644. to them in their regulations.""' The proposed BLM regulations came under The court provided only limited guidance as to sharp attack from non-ORV users of the public how the BLM should proceed. The Judge sug- land, especially environmentalists. Tom Stoel of gested that the plaintiff's proposal to "close BLM the Natural Resources Defense Council, for ex- lands to off-road vehicles pending a review of ample, wrote: specific areas" was "deficient" for the same BLM's action in waiting over a year to issue proposed reason that a blanket opening of the land was-it regulations substantially less protective of the environment constituted designation without evaluation. Judge than Executive Order 11644 itself, without the slightest Jones added: indication that the environmental impacts of alternative ap- At the very least, BLM lands could be left undesignated proaches have been weighed, makes a mockery of BLM's role pending evaluation and designation. A variable time could be as trustee for the public.' considered, i.e., expedition of the review process. A variable 39 keyed to the areas themselves could be infused, i.e., requiring the field. A person can drive all day in the desert consideration on a priority basis linked to the sensitivity of on a motorcycle or in a four-wheel drive vehicle various areas to ORV use . . . . Another variable could be and never see a BLM sign or enforcement tied to ORV usage-considering first those lands most widely officer. Indeed, the BLM has only slightly more and heavily used by off-road vehicles. Numerous combina- than a dozen rangers to patrol 12 million acres of tions of these variables are possible. Other variables or land. BLM exercised virtually no control over completely different reasonable alternatives probably exist. ORV use before 1974. Therefore, use patterns The Court does not presume to dictate those alternatives which should or must be considered. It does find, however, became established in the absence of controls; that defendants have failed to study. develop and describe moreover, it was not until late 1976 that BLM appropriate and reasonable alternatives to the recommended employees gained statutory enforcement powers, course of action and include those alternatives in their Final comparable to those already held by Forest and Environmental Statement."' Park Rangers. Prior to the passage of the Federal It took the Interior Department over a year to Land Policy and Management Act of 1976 (Pub- propose another plan for implementing Executive lic Law 94-579), sometimes referred to as the Order 11644. Under the new plan, the designa- "BLM Organic Act," the BLM had to rely on tion of all BLM lands in terms of ORV use or local law enforcement officers to enforce its nonuse is to be completed by December 31, regulations. For all of these reasons, the California Desert 1987; however, the "most critical geographical ORV Plan looks much different on the ground regions" are supposed to be designated by 1981. than it does.on paper. According to a BLM staff These include southern California, southern Ne- estimate, about 15 percent of the public land in vada, western Arizona, central Utah, and se- the desert-about 1.8 million acres-is com- lected parts of Alaska-areas which receive up to pletely open defacto."' In addition, less than 100 60 percent of the ORV use of public lands, miles of the desert's 30,000 miles of mostly dirt according to the Department of the Interior. roads have been closed to ORV use.'" And Those areas not already designated closed or ORV drivers riding these roads leave them to restricted are to remain "undesignated" until travel cross-country with impunity, regardless of they are specifically designated. That means they whether the BLM has designated the land "re- are defacto open areas. Furthermore, "identified stricted" or "closed." While the ORV Plan does resource-sensitive lands" will be, where neces- protect some sensitive areas such as the northern sary, closed under authorized emergency proce- portion of the Algodones dunes, it has wholly dures."' failed to stem the tide of ORV destruction of The final Environmental Impact Statement, desert resources, as Dr. Stebbins and other prepared by Interior's Heritage Conservation and scientists have made clear. Recreation Service, on this plan was released to the public on April 21, 1978-more than 5 years after Executive Order 11644 and almost 1 year after a new Executive Order, 11989, was issued on the subject. The Forest Service's A key element in implementing Executive Response Order 11644 is designating which lands are suita- ble for ORV use and which are not. The Califor- nia Desert ORV Plan, issued on November 1, How has the Forest Service, steward of some 1973, is the first attempt by the BLM to apply 188 million acres of public land, implemented the designation process. The plan provides scant Executive Order 11644? In general, the Forest protection for the area's natural and cultural Service continued its traditional policy of allow- resources but abundant opportunities for ORV ing National Forests to remain open to ORV recreation. recreation unless designated closed. It designates 3 percent of the National Re- In its instructions to Regional Foresters con- source Lands as "closed" to ORVs, 6 percent as cerning the ORV planning process, the Washing- open," and the remainder as "restricted," which ton office of the Forest Service stressed that "the means that ORV drivers are supposed to stay on legitimate use of ORVs on the National Forests existing roads and trails.194 is recognized as a valid recreation pursuit" and The major flaw in this scheme is that it does reiterated that "our basic philosophy is that not take into account BLM's lack of presence in National Forests ... are open to the public for 40 all legitimate uses." Therefore, "restrictions and In each of these disputed cases, the Forest closures are to be used only as a last resort.""" Service performed an Environmental Analysis Throughout the ORV planning process, a Report (EAR) on the ORV plan. The Forest seemingly innocuous paragraph (2351.6) from the Service justified not doing Environmental Impact Forest Service Manual loomed very large and was Statements (EISs) on the grounds that, one, the frequently evoked: ORV plans did not constitute a major federal The marking of areas and trails is necessary for public action significantly affecting the environment identification. This can be accomplished either by marking since there was no irreversible or irretrievable areas and having restricted or prohibited use or by marking commitment of resources and, two, the ORV areas and trails that are open to off-road vehicle use. The plans were not highly controversial. Given the recommended procedure is to mark those areas or trails available data on the impact of ORVs on many having restricted or prohibited use. different types of soils (a resource) and the voluminous literature on the reaction.of nonmo- The Forest Supervisor of Olympic National For- torized recreationists to ORVs, these arguments est in Washington, for example, was chided by are puzzling. his superior, the Regional Forester, for seeking In addition, the city of Pocatello, Idaho, is to close the entire forest to "cross-country travel challenging the Caribou National Forest ORV by motor vehicles," limiting ORVs to certain Plan on the grounds that it will endanger the trails and roads. He was reminded that "restric- water quality of its municipal watershed area. tions and closures are to be used only as a last No Forest Service ORV plans have been chal- resort. "'" lenged by ORV interest groups. To date, ORV plans have been completed for In one case-the Wayne-Hoosier National For- 150 of the nation's 154 National Forests. Some est in southern Indiana-the ORV plan has been 40.7 million acres have been designated "closed" withdrawn by the Forest Service. The history of and 31.3 million "restricted" to specific vehicles ORV use on this National Forest is an interesting or seasons of use; 115.9 million are open to ORV one. ORV riding on the Wayne-Hoosier has use. 2" occurred for years. But in the early 1970s, it The Sierra Club and the California Native became heavy and the Forest Service grew con- Plants Society have challenged the ORV plans cerned because of the complaints from non-ORV for five California National Forests through the recreationists and because of the effect on the Forest Service's administrative appeal process. environment of the area. So the Forest Service, These include Lassen, Shasta-Trinity, Sequoia, with technical assistance from the American Mo- Six Rivers, and Los Padres National Forests. As torcycle Association, designed a 168-mile trail of this writing, the Forest Service has refused to system for the Forest and did an EIS on it. Using hear the Los Padres appeal on procedural funds earmarked for road and highway construc- grounds, and it has considered the Sequoia ap- tion, the Forest Service began building the sys- peal and rejected it; decisions are still pending in tem in June 1974. But in October of that year, the other cases. Also, the Sierra Club appealed the Indiana Izaak Walton League Endowment the ORV plans for the Rogue River National (later joined by the Indiana Conservation Coun- Forest in Oregon (decision pending) and the cil and the Sassafras Audubon Society) filed a Santa Fe in New Mexico (ORV plan recalled). suit in Federal Court against construction and In addition, the Sierra Club and the Wilderness use of the project. The plaintiffs charged that the Society appealed the ORV plan for the four Forest Service violated three federal laws govern- National Forests in North Carolina, but the ing National Forests-the Organic Act of 1897, Forest Service (specifically, the Chief of the the Weeks Law of 1911, and the Multiple Use- Forest Service, John R. McGuire) has upheld the Sustained Yield Act of 1960. They also charged ORV plan. that the ORV plan was in violation of Executive Although the facts of each case are unique, Order 11644. In an unusual action, Forest Service there is a common thread that runs through each employee Claude Ferguson filed an affidavit with of the Sierra Club briefs: the Forest Service has the court in support of the suit. He charged that failed to follow "any of the scientifically-recog- the trails were not being built according to the nized procedures" which are "necessary to an specifications set forth in the EIS and hence were adequate assessment of the impact of ORV unsafe to ride and environmentally unsound. The activity as required by the Multiple Use Act and Court issued a temporary restraining order 48 the National Environmental Policy Act."m hours before the planned opening of the first 17 41 WWI 1TV 70 miles of trail,"' The Court, however, never as 2 degrees. Wildlife-related improvements in rendered a final decision on the case because the the Forest, such as woods clearings and pond federal government withdrew the ORV plan in development, were paid for with funds collected 1977 before the case was tried. Today the from sporting equipment excise taxes-the Pitt- Wayne-Hoosier remains closed to all ORVs, the man-Robertson Program. The ORV trail system only National Forest to be so. It is not known ran through or near many of these wildlife what the Forest Service plans next. improvement areas." Soil erosion and wildlife harassment are the Dr. Wilshire has reviewed 62 Forest Service two principal ORV-related concerns of environ- EARs done in conjunction with the proposed mentalists in the Wayne-Hoosier case. Ironically, ORV plans for National Forests. He has found it was concern over soil erosion that first moved all but two of them "virtually worthless when it the federal government to begin purchasing land comes to assessing the impact of ORV use on to put together this National Forest over 30 years soils due to their lack of specific criteria and ago under authority of the Weeks Act: "for the data."' Commenting, for instance, on the ORV purpose of conserving the forests and the water plan for the Sequoia National Forest, Wilshire supply." Soil erosion in the area was severe notes: because the major soil type is loess, the rainfa.11 "Considerable," "minimal," and "excessive" are not criteria is about 60 inches a year, and the terrain is for damage. Criteria are, for example, centimeters of soil lost rolling with many steep slopes and sinkholes. relative to the amount of soil originally present; productivity The Civilian Conservation Corps did considera- of residual soils compared to a specific standard (such as ble land reclamation work in the area-planting U.S.D.A.'s T values); centimeters of soil lost relative to soil trees and building gully controls. In the past, regeneration rates; physical and chemical changes in the soil ORV trails eroded badly after heavy rains-with relative to accelerated erosion rates and altered water quality. trenches 6 inches deep forming on slopes as slight Whether the damage incurred is considerable, minimal, or 42 excessive can be judged only by such criteria. The basic Generally, they have taken an opposite ap- information needed to make these judgments, and others proach from BLM and the Forest Service. They relating to plants, wildlife, and wildlife habitat, were not have declared their lands closed to ORVs unless provided by the ORV plan or EAR nor were systems for specifically designated open. monitoring adequately specified.' The Department of Defense, for instance, In the case of the North Carolina forests, the administers about 26 million acres of land in the Forest Service designates over half the area of United States. It decided that all its lands and these four forests as open to ORV use, specifi- water "will be closed to off-road vehicle use, cally, 599,161 acres.' Yet data on the degree of except those areas and trails specifically desig- slope, the hydrology, and the type of soils found nated for such use in accordance with policies within these 599,161 acres are not provided in and procedures established for ORV use.""' the EAR. These are basic facts which will deter- Areas are categorized as open to the general mine the severity of the ORVs' environmental public for ORV use only if access and "manage- impact. It is unclear whether the data are simply able quotas" can be maintained."' not known to the Forest Service or whether they The Department of Defense decision was were considered in the preparation of the EAR based on a number of factors. First, there was a but not made available to the public. Moreover, realistic assessment of the ORV phenomenon: the EAR continually refers to "ORV routes" "Off-road vehicles are manufactured, advertised, when, in fact, "ORV areas" would be more sold and purchased within the concept that the accurate because cross-country ORV travel is purpose and sport of operating these vehicles lies quite possible in many of the locations open to in operation over rugged, undeveloped terrain. ORV use. ... Practically no area on Department of De- In short, it is extremely difficult to evaluate fense land would be free from potential damage the Forest Service EARs because of their vague by ORV use."-' Second, there was a fundamen- terminology and inadequate data base. The ORV tal understanding of the environmental conse- Plan for the Sequoia National Forest's 1.1 million quences of ORV use: "Through soil erodibility acres designates 47 percent of the Forest as open appraisals, and evaluations of compaction and to these vehicles. Indeed, the only areas within displacement hazards, areas that could suffer the Forest actually excluded from ORV use are irreversible damage of long duration from ma- those already prohibited by law (Wilderness chines can be identified. By identifying areas Areas, National Scenic Trails, etc.). Is this deci- susceptible to such deterioration, damage could sion based on something more concrete than be minimized by prohibiting ORV use.""" Fi- "management experience "?106 Is it based on a nally, the Department of Defense took into thorough inventory of the Forest's resources- account the management problems experienced soil, water, vegetation, and wildlife? Is it based by the BLM and Forest Service: 'JUJse of these on an objective analysis of the damage already vehicles has reached such proportions, on other done to these resources in 10 years of moderate Federal agency lands, that some land managers to heavy ORV use of the Forest? The public has charged with stewardship of the public resources no way of knowing from this document. In fact, are finding themselves in untenable positions as it appears that in drawing up its ORV Plans, the regards their primary responsibilities ...... Forest Service may have simply legitimatized the This report focuses on BLM- and Forest Serv- status quo. That is, already existing ORV routes ice-managed lands, i.e., the vast majority of and areas were designated open, already prohib- public lands. The implementation of ORV poli- ited areas were declared closed, and seldom used cies on lands managed by agencies such as the areas restricted-without a systematic analysis of Department of Defense, the Corps of Engineers, present and future ORV impacts on the re- and the Bureau of Reclamation has not been sources. analyzed. Overall, ORV use of these lands has generated less controversy than on BLM- and Forest Service-managed lands. (Some exceptions were noted earlier.) Certainly within the Interior Other Federal Agencies Department, the Bureau of Reclamation, the Fish and Wildlife Service, and the National Park How have other federal land management Service have made a smaller percentage of their lands available for ORV recreation than has the agencies responded to Executive Order 11644? BLM. 43 the management of the public lands and their various resource Legislative Background values so that they are utilized in the combination that will best meet the present and future needs of the American The guidance provided the land management people; making the most judicious use of the land for some agencies by the Congress has either been very or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments general or has been ignored. in use to conform to changing needs and conditions; the use In 1974, the Congress passed Public Law 93- of some land for less than all of the resources-, a combination 452, or the Sikes Act. The first part of this of balanced and diverse resource uses that takes into account legislation concerns military reservations-fish the long-term needs of future generations for renewable and and wildlife habitat improvement, range rehabil- nonrenewable resources, including, but not limited to, recre- itation, and control of off-road vehicles. The oft- ation, range, timber, minerals, watershed, wildlife and fish, overlooked second part calls upon the Secretaries and natural scenic, scientific, and historical values; and of Interior and Agriculture to "develop, in con- harmonious and coordinated management of the various sultation with State agencies, a comprehensive resources without permanent impairment of the productivity plan for conservation and rehabilitation programs of the land and the quality of the environment with consider- ation being given to the relative values of the resources and to be implemented on public land" under their not necessarily to the combination of uses that will give the jurisdiction. Each state may enter into a cooper- greatest economic return or the greatest unit output. ative agreement with them to implement the conservation and rehabilitation objectives of the The Act does contain a section on the Califor- Act. In any such agreements, "the control of off- nia Desert Conservation areas. It states that "the road vehicle traffic" is required. The Sikes Act California desert environment is a total ecosys- represents the first official acknowledgment by tem that is extremely fragile, easily scarred, and the Congress that ORVs pose a special public slowly healed" and says: land management problem. [Tlhe use of all California desert resources can and should be (The Act does not apply to public lands in provided for in a multiple use and sustained yield manage- Nevada, Utah, Idaho, and Alaska.) There is no ment plan to conserve these resources for future generations, evidence, however, that the cooperative agree- and to provide present and future use and enjoyment. ments between the states and the Departments particularly outdoor recreation uses, including the use, where of Agriculture and Interior consummated under appropriate, of off-road recreational vehicles. this law have actually affected "the control" of The Congress, in other words, has not pro- ORV traffic. vided specific guidelines for settling the kinds of The main body of the BLM Organic Act land use conflicts caused by ORV use. (1976), like the Multiple Use-Sustained Yield Act of 1960 after which it was patterned, contains no specific reference to ORVs. The Act declares that it is the policy of the United States that: Executive Order 11989 the public lands be managed in a manner that will protect the Controversy and quality of scientific, scenic, historical, ecological, environmen- tal, air and atmospheric, water resource, and archeological Confusion values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and domestic In March 1977, the Council on Environmental animals; and that will provide for outdoor recreation and Quality (CEQ) circulated an issue paper on human occupancy and use . . . . ORVs to various federal agencies. In it, CEO proposed the following addition to Executive But, in the case of ORVs, the land manage- Order 11644: ment agencies have not been able to "provide for Each respective agency head shall be authorized to adopt the outdoor recreation" and to "protect the quality policy that all or portions of the public lands within its of" the various environmental and scientific val- jurisdiction shall be closed to use by off-road vehicles except ues of specific public lands areas. Under the Act, those areas and trails which are suitable and specifically the agencies are instructed to manage the public designated as open to such use under subsection (a) . . . . lands "on the basis of multiple use and sustained yield unless otherwise specified." Multiple use, The purpose of the amendment was to make however, is defined all-inclusively as: clear that the land management agencies had the 44 authority to close to ORV or snowmobile use as cause or is causing considerable adverse effects on much land as necessary under their stewardship. the soil, vegetation, wildlife, wildlife habitat or A copy of the CEO issue paper was given to cultural or historic resources of particular areas William Jobe, an officer of ISIA. He, in turn, or trails of the public lands," he must immedi- announced publicly that CEO was seeking the ately close such areas or trails to the type of ban of all ORVs (including snowmobiles) from ORV causing the effects. (Emphasis added.) It all federal lands, thereby catapulting the ORV also authorized each respective land management use on the public lands onto the national political agency head "to adopt the policy that portions of stage .312 the public lands within his jurisdiction shall be CEO and the Interior Department issued de- closed to use by off-road vehicles except those nials that a total ban of ORV use was being areas or trails which are suitable and specifically contemplated, and the issue paper was released designated as open . . . ." publicly but it was too late. By not releasing the While Executive Order 11989 cleared away any issue paper publicly at the same time it was lingering doubts about the responsibilities and circulated to other agencies, CEO fueled the authority of the land management agencies, it worst suspicions of ORV and snowmobile enthu- did not resolve the issue of ORV use of the siasts. An uproar ensued. The Motorcycle Indus- public lands. try Council authorized $100,000 to generate Two days after President Carter signed Execu- protests. The American Motorcycle Association tive Order 11989, the Interior Department issued advanced $25,000 for mailings and hired a former a press release which raised questions about how Congressman to lobby against executive action the order would be carried out. (For full text, on ORVs. The American Motors Corporation see Appendix 4.) Departing from the plain un- sent letters to Jeep owners asking them to write ambiguous language* of the order, the press letters protesting the proposal. The ISIA urged release introduced qualifications. It said that "the its members to get snowmobile owners to pro- new Executive Order governing off-road vehicles 313 test. on Federal lands will be applied to fragile areas In all, the White House, Interior Department, which are actually threatened with serious dam- and Forest Service received over 80,000 letters, age. 9,316 telegrams, or other messages on the subject of The word "fragile," which does not appear in ORVs on the public lands-78,000 of which the Executive Order, gives the impression that favored the continuation of the lenient policy ORV damage is highly localized. As noted ear- toward ORV use of the public land. Numerous lier, the U.S. Geological Survey has found almost inquiries also poured in from Congress .311 all and and semiarid soils quite vulnerable to Nevertheless, President Carter's Environmen- ORV destruction. Fish and Wildlife Service stud- tal Message to Congress on May 23, 1977, did ies suggest that the same holds true for wildlife. single out ORVs for special attention: In land use planning, the word "fragile" has come to mean unique or rare areas such as While off-road vehicles provide enjoyment and recreation for endangered species habitat or known archaeolog- many, their indiscriminate use poses a threat to our public ical sites .3" But almost all lands are "fragile" lands. Uncontrolled, they have ruined fragile soils, harassed when subjected to sustained ORV use. wildlife, and damaged unique archaeological sites. The press release stressed the importance of In 1972, federal agencies began to control the use of such the "voluntary actions of off-road vehicle users, vehicles on the public lands under Executive Order 11644. who ... could prevent many problems by respect While these regulations have achieved some measure of for land and its resources." protection for the soil, vegetation, and other values of the The point has already been made that ORVs public lands, environmental damage has continued in certain have done considerable damage to every kind of areas. Accordingly, I am today amending this Executive Order to exclude off-road vehicles from certain portions of the public lands where their use has caused (or seems likely *The one key word in the Executive order open to to cause) considerable environmental damage."' widespread interpretation is "considerable" in the "will or is causing considerable adverse effects" sentence and. as F. Executive Order 11989 (see Appendix 1 for Leroy Boyd, Associate Deputy Chief of the Forest Service, full text), signed by President Carter, adds a new points out: "There is no direction from the White House or section to Executive Order 11644. It requires the Council on Environmental Quality as to what constitutes that whenever a land management agency head 'considerable adverse effects.' " (Memorandum to Regional "determines the use of off-road vehicles will Foresters, July 28, 1977) 45 ecosystem found on the public land not, in the Order 11989. Whether true or not, that is how main, because the drivers are irresponsible but many persons inside and out of the government because their machines are inherently destruc- seem to have interpreted the press release. As tive. one Interior Department employee noted: "This The press release went on to say that "there is issue is a political hornet's nest. The Executive no new broad grant of authority to close off large Order refers to 'considerable adverse effects,' blocks of land .... The agency head can close that's the operative phrase, but what does it off 'portions' of the lands his agency manages, mean really? You can bet the BLM and Forest and we interpret that to mean limited areas." Service are going to interpret it very narrowly The Executive order does not limit the size of until they get clear signals to the contrary. In areas to be closed. It says, in effect, that the other words, not much has changed.""' agency heads must do what is necessary to Joe Thomas, attorney for the National Wildlife, protect the public's resources on "particular areas Federation, was even blunter: "It looks like this or trails." If ORV use will cause or is causing Administration has decided not to do much about. "considerable adverse effects" in a particular the ORV problem. That outpouring of protests area, be it portion-sized, whatever that is exactly, over the fake ORV ban story gave them a or large block-sized, the land management political scare.""' agency has a responsibility to close that area to ORV use. In the next paragraph, the public is assured that the Interior Department "will continue to Have the Executive Orders protect the resources of the lands it manages, Been Implemented? using its authority at times and places where it becomes necessary." Yet under the Interior Department's care per- In 1971 the Interior Department task force haps 1 million acres of land in the California observed: "[Llittle if any structured and coordi- Desert have been orphaned. Is it reassuring to nated monitoring of environmental impacts has hear that the same level of protection against been undertaken . 1132" In 1972, as noted, the ORV damage will continue in the future? Executive order required land management agen- Then the press release expressed the hope that cies to "monitor the effects of the use of off-road 46user groups and the industries producing off- vehicles on lands under their jurisdictions." In road vehicles would take part in public discus- 1977, the Interior Department said: "Unfortu- sions leading to planning the uses of federal nately, hard documented evidence of ORV im- lands, educate their members about the issues, pacts is not in voluminous supply. . . . Allegations develop and enforce good codes of conduct, and or opinions concerning the effects of ORVs, pro cooperate with federal land managers on the or con, are readily available; documentation is ground." not .11321 But if the public land management agen- The fact is that most ORVs are promoted and cies have been monitoring ORV effects since sold by the industry on the basis of their ability 1972 as required, why is there such a paucity of to break new ground across wild land, to scale hard evidence today? When asked this question, steep slopes, to ford natural streams-all of Len Shaw, coordinator for the Department of which can be ruinous to the environment. Interior's EIS on implementation of Executive ORVs are impairing many people's enjoyment Order 11644, replied: "I don't think the land of the outdoors on public lands, and they have management agencies have done much monitor- already done irreparable harm to some public ing, unless you consider casual observation mon- resources. These facts are not acknowledged in itoring. A more systematic study is needed.""' the Interior Department's statement, nor is there Actually, a considerable body of facts has been much indication of how the federal government unearthed concerning ORV environmental ef- intends to bring the ORV phenomenon under fects. It is true, however, that the "monitoring" control on the public lands. efforts of the BLM and Forest Service have Several federal land management agency offi- yielded very little. Most of the facts now avail- cials voiced the opinion to this author that the able have been gathered by other government Interior Department press release was a signal to agencies, especially the Geological Survey and go easy in the implementation of Executive the Fish and Wildlife Service, or by nongovern- 46 mental scientists such as Wanek, Cohen, Steb- In the California Desert stockmen and off-road vehicle bins, etc. In a few cases, land management recreationists elicit special considerations which are excessive agencies have sponsored outside studies-for ex- in terms of resources degraded or lost, expenditures of ample, the National Park Service funded research Bureau effort, services foregone to other programs and other on the impact of ORVs upon Cape Cod dune desert users." vegetation. Both the Interior Department and the Forest The BLM investigated the charges made by its Service are reluctant to extrapolate from the fact- 18 employees and found a communications prob- based conclusions reached in one area, say, for lem between management and staff but no evi- example, the semiarid Panoche Hills, and apply dence of "improper actions" in the relationship them to another area which has not yet been of BLM management to ORV groups." studied. Of course, no two areas are exactly "Improper actions" suggests corruption-the alike, but the ORV effects on a sufficient variety Co-option of civil servants by interest groups of vegetation, terrain, and soil types have been through nefarious means. But something far less examined to apply in the management of similar sinister is likely. In many areas, legitimate ORV areas. The Interior Department insists that the interest groups exercise their constitutional right great bulk of the existing studies refer to narrow to petition the government with great vigor. For classes of off-road vehicles in specific kinds of the public land manager, who is on the receiving situations."' And in responding to the appeals of end, this means aggravation-answering congres- the Forest ORV Plans, the Regional Foresters sional inquiries, writing special reports to supe- have argued that the evidence of ORV environ- riors, and responding to a barrage of citizen mental impacts does not apply to nonstudy sites * protests. Perhaps it is because the land managers Unquestionably, the site-specific approach is an are seeking to avoid such aggravations that the effective one. But when carried to the extreme BLM has not acted to prevent further damage to of refusing to draw reasonable deductions de- Dove Springs Canyon, for example, or the Forest rived from the scientifically observed ORV ex- Service has not taken the action necessary to perience at other similar sites, it becomes absurd. prevent further serious erosion in the La Panza- For then each site on the public land must be Pozo region of Los Padres National Forest or the affected by ORVs and those effects must be ruin of the meadows near Mount Eddy. Limited recorded and analyzed before the land manage- resources, of course, could be another reason. ment agency can act to protect the site. By that Recreational specialist Dr. Diana Dunn sees time, of course, it may be too late. the land manager-ORV relationship in sequential The Interior Department and Forest Service's terms-she calls it the "Dismal Cycle": reluctance to apply the available facts may arise First, ORV sales produce a small, identifiable in part at least from a reluctance to take actions group of owners of a particular vehicle and they which are necessary to protect public resources share one common problem: no land of their but would cause all manner of political head- own. aches. Two, the ORV owners begin to use public or Dr. Stebbins has observed from first-hand private land, with or without permission. experience that "the political and economic Three, the group grows, damage occurs, and power of the ORV interests is sufficiently great initial conflict develops. to exert strong pressures on public agencies. The Four, either (A) users are prohibited com- general public, unorganized and with varied in- pletely and no alternative site is offered (return terests, speaks in a weak voice.""" to two), or (B) some informal agreement is In late 1976, 18 specialists with the BLM in reached, usually with public land managers. Five, the existence of an approved site is California charged their agency with catering to publicized by the users (to friends) and by vehicle special interests. In a remarkably candid and dealers (to potential customers): more sales, eloquent memorandum, they said: more users. Our discontent derives from our belief that in the manage- Six, "bad apples" emerge to jeopardize the ment of California Desert lands the Bureau has not kept faith initial agreement; conservationists, neighbors, with the American public, whom it is charged to serve, but other non-ORV users form a coalition which has often served itself and special interests. This organiza- forces a "shotgun wedding" between recreation tional self-aggrandizement and special-interest catering has vehicle users and the manager. More sales, more had serious effects upon fragile desert resources .... users, and more outsiders begin to come. 47 t4e 4 k, VW , C@W -'k-4 A r OfF Al t, A'j e@'@ 4@: Ballin yer 6anyan, Los hwlV3 AhAowlhw5f , Cal;&t1ja Seven, "self-organization and policing" as well although the real world may not fit the pattern as explicit management controls are initiated. exactly. For instance, the BLM and Forest Serv- Subtle co-optation of a public agency has oc- ice land managers have proven very reluctant to curred, and the manager feels compelled to make take step ten. The Interior Department offers the "marriage" work. this explanation: "[Ijt may be wiser to designate Eight, publicity about favorable features is areas already severely degraded by vehicle use as distributed; equilibrium is attained; more sales, sacrifice areas' where concentrated ORV use more users. would be accommodated-rather than to attempt Nine, too many "bad apples," too much dam- rehabilitation. Pressure on less severely impacted age,, too few, "pofice,'.' and the saturation point is areas would thus be relieved.""' The trouble reached. The anticoalition reactivates. A "final with this position is that it treats a dynamic straw" event occurs. phenomenon as if it were static. The ruin of Ten, the manager declares total elimination of Ballinger Canyon or Hungry Valley, for example, ORVs from the area. If alternate site is offered, is progressive-the acres of land being damaged go t o four-B, if not, go to two and repeat cycle. are constantly increasing. ORV drivers are rest- Dr. Dunn maintains that "camelot-like claims" less, always searching for new areas to ride. for any particular ORV-approved site, say, for Therefore, the "sacrifice areas" are ever expand- example, the TVA's Turkey Creek area, occur ing. In addition, this approach is contrary to only because the cycle is at the equilibrium Executive Order 11989, which requires the public state .321 land manager to close an area when ORVs are This analysis provides an extremely useful view 44causing or will cause considerable adverse ef- of the evolution of ORV use of public lands, fects . It is clear that this order has not, for 48 the most part, been enforced by BLM or the proach is estimating how much fuel is actually Forest Service in the western United States; the used in off-road driving, to determine the ORV justification cited most frequently is that "if we owners' fair share of the revenues. The state of close this area, they (the ORVers) will just go California, where unregistered ORVs outnumber somewhere else," to quote a BLM ranger, and registered ORVs by perhaps two to one, is under current land management policies, he is spending over $200,000 surveying ORV users to right.' obtain their estimated gasoline consumption.331 To summarize, Executive Orders 11644 and The state is using most of the ORV gasoline tax 11989 have. been poorly implemented by the funds to acquire Off-Road Vehicle Recreational major land management agencies; hence ORV Parks such as the previously mentioned Hollister environmental damage and impairment of other Hills. recreationists' enjoyment of the resources are In general, most states now require registration still out of control. of ORV and snowmobile vehicles (minibikes are the major exception), and many states now have maximum sound level standards. Other measures to manage ORV use on state-owned lands differ widely and no attempt will be made here to THE STATES catalogue them all. Instead, two very different- but apparently successful-approaches will be RESPONSE examined. The state of Washington has probably done as much as any state to accommodate ORV users The competition for use of public lands and recreation on its state lands. Under the state's Off-Road facilities has become very keen.'" Vehicle Act of 1969, the Department of Natural Robert Rasor, American Resources has developed ORV facilities at sev- Motorcyclist Association (AMA), eral sites. These include developed trailheads, 1977 camping, sanitation, picnic facilities, and trails Over the past 10 years, state legislatures have built especially for the ORV recreationist, espe- enacted a multitude of laws governing ORV and cially trail bikers. Robert Rasor of the AMA snowmobile use. thinks that Washington has "the most progressive New Hampshire, for a more or less typical state-level approach to off-road motorcycling in 11333 example, now has six statutes affecting snowmo- the United States. biles. The state law requires snowmobile owners Cross-country ORV or snowmobile travel is to pay a $9 per year registration fee ($15 per generally prohibited on the state's 5 million acres year for out-of-staters). And under New Hamp- of land-vehicles must stay on designated roads shire law, snowmobiles must have an "efficient" or trails. The state does, however, provide facili- muffler and they must meet specific noise emis- ties, such as abandoned gravel pits, for those sion standards: 82 dBA or less at 50 feet; after ORVers seeking to "bust loose and drive wide September 1978 it drops to 73 dBA and in 1983 open." For the most part, the ORV routes are to 70 dBA. Among other things, New Hampshire either old logging roads which have been cleared law forbids use of snowmobiles within 150 feet of or specially constructed trails. The cost of con- ice fishermen, and it provides landowners with structing ORV trails varies from $3,000 to $18,- liability protection against snowmobiles. Of the 000 per mile. Construction costs have been paid funds collected from registration fees, 45 percent for by state bond issues, ORV permit fees, and are earmarked for use by the Bureau of Off- gasoline tax revenues. Maintenance is paid for by Highway Recreational Vehicles, 40 percent for the permit fees and gas tax revenues. Under this the Fish and Game Department, and 15 percent program, hundreds of miles of ORV trails are for the Department of Safety. The state makes provided by the state and paid for mainly by the grants-in-aid to local governments and to ORV ORV recreationists. Snowmobilers are allowed clubs for the construction and maintenance of to use the 13,000 miles of roads on state lands.3M snowmobile trails.33' Unlike TVA's Turkey Creek ORV area, California, in common with five other states, Washington does not operate a monitoring sys- uses a fraction of its state gasoline tax revenues tem to measure the ongoing environmental ef- for ORV facilities. The difficulty with this ap- fects of ORV use. "Frankly, we haven't thought 49 .it necessary," said Joseph Wernex, ORV super- Indiana, on the other hand, has banned ORVs visor for the state's Department of Natural Re- from all state lands since late 1972. The decision sources, "because -we haven't seen any great was based on an 8-month study of ORV use by adverse effects." Wernex 'also notes that conflicts the Department of Natural Resources." (The with nonmotorized recreationists have not been a study included snowmobiles in the term "ORV," serious problem. The state also provides separate but its major focus was upon off-road vehicles trails for hikers. which come in direct contact with the land.) The Wernex attributes the success of Washington's study is distinguished by its clarity and directness. ORV program to a number of factors, including In contrast with the Interior Department's task adequate funding, the close cooperation of ORV force study done a year earlier, the Indiana study organizations, and the environment itself- pointed out that "it is very difficult for the "Many of our ORV routes are in heavy rainfall private entrepreneur to compete with a public areas where vegetation recovers and grows back agency which builds its facilities (for ORVs) with rapidly." Overall, however, Wernex believes that tax money and charges only minimal user management is the key. "You have to manage fees. ,337 recreation. You cannot let the motorized recrea- Indiana also faced squarely the problem of tionist be the exclusive chooser of his terrain. enforcing ORV regulations, something the fed- You must disperse use so ORVers and other eral government has yet to do. (In responding to forest users are not meeting each other around comments on its plan to implement Executive every corner. You must try to keep the intensity Order 11644, the Interior Department declined of use on any one trail down because beyond a to elaborate specifically about whether the plan certain level the quality of the recreational expe- could be enforced, stating that "[e]nforcement rience diminishes for everyone-ORVers, hikers, will depend on levels of funding and manpower horseback riders.@' He adds that through trial and . . . of each land-managing agency.")... error the state has learned to design ORV trails In its study, the Indiana Department of Natu- so as to minimize environmental damage, espe- ral Resources asked its land managers whether cially soil erosion. "The first trail I designed 7 they had the personnel necessary for additional years ago is a mess. Today, we know what to ORV supervision and maintenance. (At the time, look for. The volume and velocity of surface ORV use on almost all state lands was restricted water runoff are crucial, for example. We try to to established roads and parking lots-although minimize their impact by changing trail grades, over half the managers reported violations of building culverts, and so on. We bypass very these rules by ORVers.) Forty-six said they did vulnerable soil. types or, where necessary, surface not, four said they did, and one did not respond. soft spots with crushed rock. You have to be Asked the same question, 76 enforcement offi- particularly careful in designing and building cers said they did not, 17 said they did, and 20 four-wheel drive vehicle trails because those did not respond. In addition, many state land machines are harder on the land." The state also managers indicated that they would also need closes trails on a seasonal basis. "For example, a more equipment if ORV activities were expanded clay-soil trail on a steep grade will be closed on their areas .339 during spring thaw." The Department of Natural Resources con- Wernex thinks that the state needs to do a cluded that it simply did not have the personnel better job of managing ORV noise on its land. to supervise or maintain ORV trails or areas on "We need to develop field tests for ORVs that its lands: "Maintenance of quality in recreational are quick and will stand up in court. It's really environment is related closely to constant and our job to identify the unmuffled or poorly efficient management of all facilities. Poor main- muffled machine and get it off the land. 11331 tenance, whether in high-use areas or in natural The Washington ORV experience is certainly settings, encourages further vandalism, litter, and a hopeful one. But before it is adopted as a the destruction of many native plants . . . . 1131 model, a scientific assessment of ORV environ- The on-the-ground observations of the land mental impacts, especially on wildlife, soils, and managers were sought concerning the environ- water quality, is needed to test the evidence mental effects of ORV use. They were asked the gathered through observation. A thorough survey types of environmental damage which they attrib- of the recreationists using state lands (motorized uted directly to ORV use on state lands. Noise and nonmotorized alike) to determine their views ' pollution was first on their list, followed closely would also be useful. by wildlife harassment, vegetation damage, and 50 1 soil erosion." After considering this evidence lease private lands (at $2 per acre) for snowmo- and surveying the available scientific literature bile trails. "This fulfills our obligation to the on the subject, the Department concluded that citizens of Indiana and at the same time allows "[t]here are many documented types of harmful use to adhere to our policy as stated in the 1972 environmental impact . . . [that result from] report," notes John T. Costello, deputy director ORV activities."" It stressed the long-range of the state's Department of Natural Resources.' effects of ORV-caused soil erosion on vegetation, surface water quality, and on groundwater sup- ply, which leads to abnormal watershed wear and tear." The impact of ORV noise upon wildlife was also cited as an important consideration: Some of life's functions are dependent on quietness. Many WHAT IS animals and birds depend upon it to find their mates, and to protect themselves from attack. Some embryos still in the egg TO BE DONE? communicate with siblings in adjacent eggs and synchronize their hatching. Some birds lean down to the ground to listen for a worm. The radar of bats, the trilling of toads, and the prolonged symphonies of thrushes can be affected if their The off-road-vehicle mania would be pitiable if its adherents home range is invaded by man-made noise. were not so skillful at ravaging landscapes. Try as we might. It is known that the pileated woodpecker, the broad-winged we cannot think of a single function these diabolical creations hawk, Cooper's hawk, sharp skinned hawk, great horned owl, serve-beyond a kind of noisy restlessness.'" and barred owl are very sensitive to sound disturbances. Editorial, These species are thought to be extremely important to the The Washington Star, 1977 stability of complex systems because of their effect in regulat- ing the overall energy and material processing of the To believe and hope that the off-road movement is simply a system.'" passing fad is as blind as it is silly. When men. women. and children have sunk their hard-earned wages and allowances "[T]he real problem," the Department of Nat- into a dirt machine. it's highly unlikely that even strict ural Resources noted, "is how to find a suitable legislation will keep them from enjoying both their investment riding place where this activity can be enjoyed and their hobbies. Had the legislation been enacted a few without greatly affecting the natural resources of years sooner, it might have come off, but it's now much too the area, if such a place exists."" late."' Thierry Sagnier. What about the compatibility of ORV use with Motorcyclist and author. 1974 other forms of recreation? Of the state's 51 land managers, 43 expressed the view that ORV I hope there is some way we could outlaw all off-road activities would be incompatible with other activ- vehicles, including snowmobiles. motorcycles. etc.. which are ities already being enjoyed, such as hunting, doing more damage to our forests and deserts than anything fishing, camping, hiking, canoeing, swimming, man has ever created. I don't think the Forest Service should picnicking, and horseback riding." "Because Of encourage the use of these vehicles by even suggesting- areas [ORVs'] speed, range, and versatility, these ve- they can travel in . . . . I have often felt that these vehicles hicles can quickly dominate a large acreage since have been Japan's way of getting even with us."' competition of recreation uses is inherently une- Senator Barry Goldwater. 1973 qual. ""' The Department of Natural Resources con- [W]e object to the continual enhancement of non-ORV cluded: recreation at the expense of the off-road vehicle enthusiast. We do not feel that all compromises should be made at the ORV riding can be a form of recreation, but it is only one of expense of off-road motorcyclists."' many types of outdoor recreation demands on the Depart- Robert Rasor. AMA. 1976 ment's properties. Since ORV use is incompatible with a wide majority of other recreation activities. entirely separate riding H.L. Mencken wrote: -For every problem there is a solu- lands would have to be set aside for this activity. The tion--simple, neat and wrong." For those not familiar with promotion of ORV riding at the expense of the established the sport of snowmobiling . . . @ it is quite possible to reach recreation activities does not make the most judicious use of conclusions and solutions that are -simple. neat. and the Department's land.' wrong."' Ever since, Indiana's 267,752 acres of state land M.B. Dovle. President, have remained closed to ORV use. The state is, Internati@nal Snowmobile however, using snowmobile registration fees to Industry Association, 1976 51 The Society of American Foresters recommends that public agers, it takes a greater effort to enforce the agencies and private landowners make use of their authority open-unless-designated-closed approach than the to insure the proper use of off-road vehicles. In order that closed-unless-designated-open. However, the lat- control be effective, off-road vehicles should be allowed only ter approach is no panacea. To close a large area on forest roads, trails and areas, either new or existing, which to ORVs, especially if it has been previously are explicitly designated for such use. Experience shows this approach to be less costly and easier to enforce than a restric- used by them, requires a presence in the field. If tion in which off-road vehicles are allowed on all forest roads, the land management agencies adapt their ORV trails, and areas except where designated to the contrary."' regulations to their enforcement capabilities and Society of American Foresters, 1978 are still unable to control ORV environmental damage and conflict with other users, then the What really concerned me is that the same mistakes are not agencies should publicly acknowledge the di- made in recreation as were made in range management. In lemma. If Congress or the executive branch the history of range management, control of livestock num- chooses to accept the damage instead of provid- bers or intensity of use came after vegetation and soil ing the resources for adequate enforcement, that destruction. I suspect you will agree that a history of range fact should not be obscured. The public ought to land use is already repeating itself in modern recreational know what the choice is, who made it, and why. problems.' Dr. Harold Heady The U.S. Geological Survey points out: University of California and The interaction of vehicles and soils is a physical phenomenon adviser to BLM that does not distinguish lawful from unlawful or proper from improper use. In the San Francisco Bay area, more than 80 There are approximately 120,000 visitor days of motorcycle ORV sites are being monitored, of which about 75 are used use each year on lands we administer in New Mexico (13 in trespass. The condition of the land is no different in the million acres). Use by other forms of ORVs, such as jeeps lawfully used areas than in the areas used in trespass. The and pick-ups, constitutes an additional 115,000 visitor days. adverse impacts, therefore, will generally reflect only the This unregulated use has caused conflicts with other land uses vehicle load and cannot be predicted to be light merely which we have not been able to control with our existing because the use is not sanctioned.' limited staff.' Arthur W. Zimmerman, Thus. enforcement is indissolubly linked to BLM State Director for plans for protection. When the Interior Depart- New Mexico, 1978 ment refuses to discuss in the EIS how its plan for implementing Executive Order 11644 will be enforced, the omission is crucial. Nor does it make sense for the Forest Service to designate (1) Recognize Magnitude 599,161 acres on the four National Forests in North Carolina as open and 543,193 acres closed, of Enforcement Problem and then to add that "[flunding for the purpose of law enforcement, trail reconstruction, and/or maintenance is not expected to increase consid- First and foremost, the federal government erably beyond the present token level during the must recognize the magnitude of the problem, time frame for which this management direction especially as it affects enforcement of regulations. was developed (1985)."Il" It is no wonder that It is not enough to publish maps which show one district ranger (Bob Carey, Unharrie Na- areas open to ORVs in white, areas "restricted" tional Forest) observed that the ORV plan is in yellow, and areas "closed" in red. The public "inadequate and offers practically no control at land management agency must be able to enforce all." How can the Forest Service keep ORV these designations. To announce ORV restric- riding, an increasingly popular sport in North tions which are unenforceable under current Carolina---especially four-wheel drive vehicles-- personnel and resource conditions merely gives out of "closed" areas and on designated "routes" the illusion of control. If a public land manage- in open areas with only "token level" funding? ment agency cannot increase its personnel and There is abundant evidence that the BLM and resources either because of budget restraints Forest Service's past efforts to control ORV use, imposed by the executive branch or because even though not very extensive, have run into Congress will not appropriate the funds, then it severe enforcement problems. Some examples must adapt its regulations to fit its enforcement have already been cited. There are many others, capabilities. In the opinion of many land man- such as the Barstow-to-Las Vegas motorcycle 52 race. Held for many years on the Saturday after W" Thanksgiving across National Resource Land, this event attracted as many as 3,000 motorcy- clists. In 1974, before the eighth race, the BLM did an EIS on the event.'" Although the EIS provided considerable evidence of adverse envi- ronmental effects, including damage of historical or cultural resources, the BLM permitted the race to be held that year. An Evaluation Report done afterwards by the BLM showed that the EIS had, if anything, underestimated the dam- .36' Thereafter, the BLM refused to issue a age permit for the race. This, however, has not deterred some motorcyclists. Consider the fol- lowing account in Cycle World of the 1977 unorganized" Barstow-to-Las Vegas motorcycle race across BLM land: Once again our semi-legendary friend, the Phantom Duck of the Desert, has pulled it off: The annual unorganized trail ride from Barstow, California to Las Vegas, Nevada took place without major incident, or harassment .... [W]hen the Barstow-to-Las Vegas race, formerly the best and most famous of the desert races, was shut down because the BLM denied the use permit, the Duck didn't give up. He decided that every year there would be a ride across the desert, using public land already open for riding. The ride isn't organized because while there's no rule against Motorcy- cles, there are firm rules against motorcycle events, which is how the race was stopped in the first place. So. Although there was no organization, there were volunteers to mark the trail. There were maps. There were reminders to close gates where the ride went across land owned by friendly ranchers. There was a Jeep riding sweep (and handy it was, too. We picked up one guy who'd fallen . . . . ) About 200 people, all ages and equipment and experience, rode the 130 miles. At the site of the former finish line, there was good spirits, even finisher pins. . . . The Duck has his detractors. There weren't many serious racers on the ride. Some of the racing clubs in the area believe that riding the old course will offend BLM. They schedule races elsewhere on the day of the ride to keep people away. 4 We don't agree. . . . 4 Because the ride isn't organized one cannot issue invitations 1:7 to it. But in case any readers have their bikes east of Harvard fY Road on the north side of Interstate 15 about 8 a.m. on the Saturday after Thanksgiving, why, you're probably riding the same direction we are, so let's go riding together. h%A 7@f; tt. A chronic problem for the BLM is its lack of presence in the field. In this regard, the BLM Organic Act of 1976 has changed very little. Only 71 Al k.. in the California Desert does the BLM now have Am rangers (14) who regularly patrol the land. (As of this writing, these desert rangers have relied on persuasion to enforce ORV and other regula- tions; if need be, however, they can initiate 53 criminal action against any persons who persist (2) Determine How Public in violating the regulations after being notified that they are committing an offense.) On all Wants Land Used other BLM lands, the agency still depends on its periodic meeting with the public (either in the field or elsewhere) to encourage compliance with A second important step in the control of the its regulations. If further action against a specific phenomenon is to find out how the American violator is necessary, the BLM calls upon local people want their land managed. Public land use law enforcement authorities. Whether they re- decisions cannot be based solely on the latest spond depends on a variety of factors such as public opinion polls. Public opinion can be quite their available manpower and the nature of the transitory and sometimes the public wants con- offense, i.e., does the local law enforcement flicting things. The government needs to take a agency consider it serious? longer view and manage the land so that future generations of Americans can use the resources The continued growth of the ORV phenome- as well. But polls can provide useful information non adds to the enforcement problem. ORVs for consideration during decisionmaking when may not be multiplying as rapidly as in the 1965- conflicting uses are at issue. 72 period, but they are definitely still increasing. To date, neither the Forest Service nor the Public lands within a day's drive of high popula- BLM has taken a systematic reading nationally tion growth areas in the Sunbelt and Rocky of how the public wishes to see the public lands Mountain states can expect a flood of ORVs. managed relative to conflicting recreational uses. Recall, however, that the Interior Department The BLM did, however, commission a national has set 1987 as the final deadline for designating opinion poll on management of the California all BLM lands closed or open to ORVs. In his Desert. The results of this Gallup Poll, released review of the EIS, James R. Huntoon, Director in January of this year, showed that 81 percent of the Bureau of Environmental Impact for of the people who responded wanted more pro- Wisconsin's Department of Natural Resources, tection of wildlife and the ecology; 73 percent charges: "Rather than seeking the monetary and wanted more scenery and natural character pro- manpower resources necessary to achieve effec- tection; 67 percent more historical and archaeo- tive compliance, the BLM has decided to limp logical site protection. Only 23 percent wanted along for the next ten years doing the very least more places for off-road vehicles. Forty-six per- the court decided it could accept."" cent wanted fewer places for ORVs.11 In its analysis of the results of the poll, the Several other reviewers of the EIS found Gallup Organization noted: BLM's designation process too slow, even allow- The prevalent attitude among those interviewed is support for ing for the earlier 1981 deadline set for some the type of land use that would preserve the natural environ- heavy use areas. Vernon E. Robinson, Chief, ment. This sentiment is held by a majority of people Environmental Relations, Louisiana Forestry regardless of their sex and socio-economic background, and Commission, for example, noted: regardless of the region of the country in which they live.-' In terms of income, the greatest opposition to This is an unsatisfactory solution, since within five years, it is ORVs came, interestingly enough, from house- possible that the life support systems of many acres of BLM holds with an annual income of $7,000 to $9,- forest lands could be so altered and damaged that there would 999.367 be no potential for recovery within reasonable periods of time.' The results of this poll are sufficiently illumi- nating to encourage doing more in order to learn A similar fate could overtake BLM desert, how Americans want the National Forests and brush, and grasslands before BLM's land desig- other National Resource Lands managed. This is nation process is finished. On the other hand, the not to suggest that all public land should be given Forest Service's designation process is practically over to the uses favored by the majority of complete; yet ORV damage in places like the La citizens. Rather, the results of a national poll on Panza-Pozo region of Los Padres National Forest recreational uses of the land could be used to continues to spread, which means that the Forest indicate whether the amount of land provided for Service's designation process is not giving ade- a given pursuit, ORV riding, for example, is quate protection to the land under its care. proportionate to public support for that pursuit. 54 BLM also sponsored a poll among Californi- own these lands, seem to have given way to the ans. It revealed that 45 percent of the state's vociferous demands of a minority. adults visited the desert in the past year. The To manage the public land fairly is exception- most popular recreational activities were sight- ally difficult and is getting more so every day as seeing and camping, followed by picnicking, the resources grow scarcer and the competition fishing, photography, hiking. Twenty-one percent among different users mounts. The lengthy defi- expressed interest in motorcycle riding, 9 percent nition of multiple use cited earlier gives some in dune buggy driving, and 7 percent in four- idea of the complexity of the task facing the wheel drive vehicle driving.361 In addition, the public land management agencies. great majority of Californians surveyed are Conflict means aggravation for public land united in wanting more protection of desert managers. They can and should try to alleviate environmental and archaeological resources. And conflict through seeking the views of people a majority of those with an opinion disapprove outside the government before reaching final of open areas for ORVs.1" land use decisions. Still, there is inevitably going A Forest Service survey in the midlands area to be conflict, and if the public land managers (Illinois and Indiana) revealed considerable op- are fulfilling their responsibility to the public, as position to motorized recreation on the National trustees of its resources, they are bound to be Forests among both the general public and Forest unpopular with someone. In the past 20 years the Service employees..Some 58 percent of the public Forest Service has toughened its control over opposed motorized use of National Forest trails lumber companies who are using public re- while 20 percent were in favor. Sixty-six percent sources; so has the BLM in its management of of the Forest Service employees opposed motor- grazing rights. The time has come for a tougher ized use of the trails and 6 percent favored it. approach in dealing with ORV recreation, too. The National Forests of this area are the Shaw- nee and the Hoosier. 370 (4) Separate Motorized (3) Stiffen the Federal Recreation from Other Land Managers' Backbones Uses From the vantage point of the public land More specifically, Executive Orders 11644 and manager, the ORV issue looks tumultuous. A 11989 form a sound basis for action. The BLM Forest Service issue paper observes: and Forest Service should implement them. In designating trails for ORV and snowmobile use, Highly vocal factions have developed. On one side, the they should exercise care to separate that use snowmobilers, cyclists, and four-wheel drivers react when any from other recreational pursuits. This was one of attempt is made to restrict their activities or use of the land. the primary lessons learned in the White Moun- On the other side are those who dislike any form of motorized tain National Forest in New Hampshire and recreation and protest attempts to provide opportunities for Maine---one of the few bright spots in the federal this leisure time activity. effort to cope with ORV and snowmobile use on Administrators of public lands are in the middle of this the public land. controversy in carrying out their management duties."' White Mountain National Forest receives in- This reaction is natural, but one wonders whether tensive recreational use throughout the year- the sound and fury of competing user groups perhaps 3 million visitor days per year. In the sometimes drown out the interests of the general winter, cross-country skiers, hikers, snowshoers public. The loudest voice does not necessarily vie for space with snowmobilers. In the, summer, represent the greatest good for the greatest hikers and campers are the most numerous users, number. The land management agencies are although there are trail bikers and four-wheel supposed to manage these lands for all Ameri- drivers as well. Snowmobilers represent the larg- cans-not just those who happen to live in the est group among the motorized recreationists. vicinity of a particular area but for everyone, Overall, the motorized recreationists are in the even those who will never set foot on the land. minority. In years past, there has been consider- On the deserts (BLM) and National Forests of able animosity between them and other recrea- the West, the interests of all the citizens, who tionists. But over the past 4 years, the level of 55 conflict has diminished significantly. Paul Wein- areas where the machines will either not cause gart, Forest Supervisor during this period, attri- "considerable adverse effects on the soil, vegeta- butes the decline to a number of factors: tion, wildlife" or will not impair the recreational � Before devising an ORV and snowmobile experience of others. Trails specifically designed plan, the Forest Service actively sought the and maintained for ORVs and snowmobiles will diverse views of the interested public and cause the fewest user-conflict and environmental incorporated worthwhile suggestions into the problems. plan. The Geological Society of America suggests � Wherever possible, ORV and snowmobile that lands already severely damaged by surface use were separated from other nonmechan- mining or by ORV use probably are the most ized uses. "This resolved a lot of the conflict, likely candidates from an environmental point of especially between cross-country skiers and view for ORV areas."" But further ORV damage snowmobilers. Most importantly, it cut down must be confined to the so-called "sacrifice the noise in areas used by the non-ORVers," area." Old surface mine sites which have been Weingart reports. abandoned and never reclaimed account for over � The Forest Service reviewed the plan after 2 million acres of land in the United States, and each season of use, again with advice from they might make excellent open'ORV areas. The the public, and made the necessary adjust- trouble is that they are not always found where ments either to reduce further conflict among the ORVers are. A good share, for instance, is users or to prevent environmental damage. in remote areas of Appalachia. Another difficulty For example, it was observed that four-wheel is that however badly ravaged a piece of land drive vehicles were doing serious damage to may be, it is still part of a natural system. Runoff certain trails; these trails were closed to 4x4s from the site can still pollute adjacent streams the next season. not only with sediment but also with poisonous � The Forest Service tackled the enforcement chemicals such as sulfuric acid, iron, and alumi- problem by increasing its presence in the field num, salts exposed during surface mining. ORV and by working closely with local law en- use might well exacerbate such problems. forcement agencies and magistrates as well as Still, abandoned surface mine sites are worth with the U.S. Attorney's office. In addition, considering for ORV areas. Florida, for example, user groups such as snowmobile clubs were has opened the 2,600-acre Buttgenbach Recrea- encouraged to police themselves. tion Area in Withlacooche State Forest to ORVs. � Beginning with the winter of 1974, Weingart The area was extensively mined for phosphate in closed the Forest to ORVs and snowmobiles the late 19th century and was closed about 1917. except for trails specifically designated as Today the large phosphate pits are favorite spots open. "This proved a great psychological for motorcyclists. The soils of the area have a help," he explains. "The non-motorized rec- high sand content and the vegetation is second- reationists were very pleased and the ORVers growth pine, oak, and hickory. Division of For- and snowmobilers felt less animosity directed estry officials believe that opening Buttgenbach toward them. " to ORVs has relieved ORV pressure on unau- Weingart concludes: "I think some of the ORV thorized areas. Photographs of the area suggest plans for other National Forests would never that some portions of it are beginning to suffer have been appealed if the Forest Supervisor had severe soil erosion due to ORV use, expecially not waited until the last minute to come out with 4x4s, and this may pose a future management a plan. The other way-public involvement dur- problem .114 The state of Missouri has acquired ing the development of the plan-takes more strip-mined (coal) land in the center of the state time initially but in the long run probably is more to demonstrate "reclamation for recreation," and expeditious. Of course, there are some instances ORV facilities are being designed for the area .371 where the ORVers and the non-ORVers are already so polarized that the ORV plan would have been challenged whatever was done.""' Special care should also be exercised by the (5) Monitor ORV Effects BLM and Forest Service in designating whole areas open to ORVs or snowmobiles. There are, in reality, very few natural areas suitable for In order to implement the Executive orders, cross-country motorized recreation-that is, the Forest Service and BLM need to monitor the 56 effects of ORV use much more closely and latter, on the Internal Revenue Service. Reve- systematically than they have done to date. In nues should be earmarked for the following uses: areas used regularly by ORVs, a monitoring * purchase of land for ORV or snowmobile use, system should be employed so that the land especially abandoned surface mine sites or other managers can assess the impact of ORVs on ravaged areas for ORVs; wildlife, soil, and vegetation. Under such a 9 development of state or local government lands system, soil loss at key check points would be for ORV and snowmobile use-through some measured on a regular basis (a relatively simple form of shared cost arrangement; matter), wildlife counts would be undertaken 9 the building of ORV and snowmobile facilities- periodically, and changes in vegetation biomass, trails, parking lots, etc., at carefully selected sites species, and area of coverage would be tracked. on existing public lands; The eyeball inspections of land managers on the e the reclamation of areas damaged by ORVs. (Re- ground are still vital, but a basic monitoring clarnation of snowmobile areas should not be system would provide objective data on which to necessary if the machines are required to stay on base further land use designations and adjust- designated trails with adequate snow cover.) ments in existing ORV use plans. The land management agencies, with the exception of the TVA, have balked at systematizing the monitor- ing of ORV effects because of their limited personnel and resources. Perhaps model systems (7) Reclaim ORV-Dam'aged should be tried first in ORV use areas, say, for example, on the Los Padres National Forest and Land on BLM lands in New Mexico or Arizona to determine relative costs. Implementation of the Executive orders will The last point needs elaboration. There is no not, however, bring the ORV phenomenon on reason why the same rigorous environmental public lands under full control. More must be standards which are now supposed to be applied done or the problem of "if I close this area to to coal surface-mined lands under the Surface ORVs, they'll just go someN@here else" will Mining Control and Reclamation Act of 1977 continue to bedevil public land managers. (Public Law 95-87) should not be applied to ORV-stripped lands as well. It is too late in the day to rely on federal government assurances such as the following: (6) Develop Facilities Left to themselves, plants will reestablish themselves, soils reform and the ecosystem heal.116 Through Pittman- Too much irreversible damage to soils and vege- Robertson Kind of tation has been recorded. Positive action is clearly required. In the case of coal surface Approach mining, the Act requires the specific coal com- pany which does the mining to reclaim the land. In the case of ORV-stripped public lands, the A program equivalent to the Pittman-Robert- land management agencies will have to be re- son program is needed for developing separate sponsible for the actual reclamation and the ORV and snowmobile areas or trails. In other ORV users should pay for it. words, the federal government should tax ORV There are different ways of approaching recla- and snowmobile equipment. There are a number mation of ORV-stripped lands. The Environment of ways this could be accomplished. For example, and Public Policy Committee of the Geological all ORVs and snowmobiles driven on public Society of America, for example, recommends lands could require a sticker purchased from the that "ORV areas in which resources have be- land management agency. Or a special tax could come conspicuously degraded, and in which the be levied on the machines at the time of pur- start of reclamation efforts is considered to be chase. In the former instance, the burden of timely, should be closed. Reclamation costs collecting and enforcing the tax would fall on the should be paid entirely from revenues generated public land management agencies and, in the by ORV use . It also proposed that: 57 A: [slome ORV areas, depending on their nature and size, could be divided into parcels for sequential use and reclamation, thus providing the least inconvenience to the ORV users. The use and reclamation of successive land units could allow reclamation plans to be modified as experience is gained. This practice also could ensure that the success of reclamation 4 efforts is evaluated before use of another land parcel is permitted.' 3 By what criteria should ORV-stripped land reclamation be measured? The federal govern- J ment should be required, at the very least, to reestablish "a diverse, effective and permanent A vegetative cover of the same seasonal variety native to the area ... affected and capable of self-generation and plant succession at least equal in extent of cover to the native vegetation of the -379 area . . . . Reclamation of ORV-stripped land will not be cheap-perhaps $2,000 to $6,000 per acre where a whole area has been crisscrossed by ORVs.1111 If reclamation is not technically or economically feasible, then the public land management agency should not allow ORV use in the first place. Nor should ORV use be allowed if it will cause material damage to the hydrologic balance out- side the ORV area. (The hydrologic balance is the equilibrium established between the ground- water and surface water of an area, between the recharge and discharge to and from that system. Some of the measurable indicators of hydrologic: balance include: flow patterns of groundwater within aquifers; the quantity of surface water as measured by the volume, rate, and duration of flow in streams; the erosion, transport, and deposition of sediment by surface runoff and stream flow; the quality of groundwater and 1@. T surface waters, including both suspended and dissolved materials.") A final word. The scientific community, includ- v, ing the American Association for the Advance- ment of Science, the Environment and Public VU Policy Committee of the Geological Society of and well over a hundr f. America, ed distinguished life and earth scientists, have found the BLM and Forest. Service's management of public lands too lax in controlling ORV-caused damage to the, environment.m' In addition, an increasing num- ber of ordinary citizens have found the BLM and Forest Service's management too lax in protect- ing their right to enjoy the environment on public lands, free of internal combustion engines. This 58 discontent is voiced directly to land managers or harbinger. The ORV and snowmobile interests in letters to the editor, public opinion polls, or could do a lot worse than a policy which com- comments on federal environmental impact state- bines a Pittman-Robertson kind of program with ments, and some have been quoted in the course implementation of Executive Orders 11644 and of this report. 11989, even though it will increase their costs The history of BLM and Forest Service man- and reduce the acreage open to them. Garrell E. agement of ORV use of the public lands is Nicholes, a recreational psychologist and consult- largely one of failure. The American public has ant for the motorcycle industry, reports: "Most every reason to demand of the BLM and Forest ORVers will listen to reason about closing areas Service the same measure of land care that it if they are assured there are alternatives."' now demands of coal mining companies opera- The Jeep Corporation, in cooperation with ting on public or private lands. The public has members of the Outdoor Writers Association of every reason to ask motorized recreationists to America, developed a "Code of Environmental pay the acquisition and maintenance costs of Ethics for Drivers of Off-Road Vehicles," which resources which they consume, much as hunters includes the following: have done for years. This approach is also within the long-term I will appreciate the solitude and beauty of our natural interest of the ORV and snowmobile enthusiasts environment, and respect the feelings of others toward it .... because it assures them that some public facilities I will not drive where I cannot leave the land essentially the will be set aside for their benefit. Under the same as before I drove across it. 3" current, haphazardly implemented federal policy, it is impossible to say what will be available to If these two principles guided the ORV manu- ORV and snowmobile users in the years to facturers when they advertised their products and come-especially if the BLM and Forest Service's the Forest Service and BLM when they managed ORV plans are challenged in the courts. ORV use of the land, then off-road vehicles on Perhaps the Wayne-Hoosier experience is a the public lands would not be the issue it is today. 59 Notes 1. Michigan State University, Department of Park and Summary, 1969-1975, MP-1277 (College Station: The Recreation Resources, Proceedings of the 1971 Snow- Texas Agricultural Experiment Station, 1976), pp. 32- mobile and Off the Road Vehicle Research Symposium, 35. Tech. Rep. 8 (East Lansing, Mich., 1971), p. 110. 24. University of Wisconsin, School of Natural Resources, 2. Andrew H. Malcolm, "Honda--One Man's Drive," The Center for Resource Policy Studies and Programs, Off- New York Times Biographical Edition 1:249-51 (1977). Road Recreation Vehicles in the Upper Great Lakes 3. Lee Gutkind, Bike Fever (Chicago: Follett Publishing States (Madison, 1975), p. 78. Co., 1973), p, 160. 25. Id. p. 77. 4. Ibid. 26. Environmental Information Service, "A Study of Or- 5. Motorcycle Industry Council, Inc., 1977 Motorcycle ganized Recreational Group Use of the California Statistical Annual (Newport Beach, Calif., 1977). Desert," prepared for the Department of the Interior, 6. L. Gutkind, supra note 3, at 161. Bureau of Land Management, September 1977, pp. 28- 7. Id. pp. 157-58. 126. 8. Annual, supra note 5, at 4. 27. Kenneth C. Chilman and David Mize, "A Systematic 9. Id. p. 30. Sampling of Visitors to Turkey Bay Off-Road Vehicle 10. Id. p, 14. Riding Area July 1, 1975 to June 30, 1976," prepared 11. Cycle World 17(3):110-11 (1978). for the Tennessee Valley Authority, Golden Pond, 12. Motorcyclist, March 1978, pp. 66-67. Ky., undated pp. 11-14. 13. Morten Lund and Bea Williams, The Snowmobiler's 28. A.E. Keir Nash, "Offroad Riding on Forest Lands as a Bible (New York: Doubleday and Co., 1974), p. 14; Public Policy Problem," prepared for the U.S. Forest Lyle Kenyon Engel, The Complete Motorcycle Book Service, 1976, pp. 57-60. (New York: Four Winds Press, 1974), p. 19. 29. Robert Badaracco, Recreational Planner, Bureau of 14. Malcolm F. Baldwin and Dan H. Stoddard, Jr., The Land Management, Department of the Interior, inter- Off-Road Vehicle and Enviro4nental Quality (2d ed.; view with the author, January 11, 1978; Research Washington, D.C.: The Conservation Foundation, Summary, supra note 23, at 29-31. 1973), p. 2. 30. S. Wimer, supra note 16, at x. 15. Derrick A. Crandall, Director of Government Affairs, 31. L. Gutkind, supra note 3, at 211-13. International Snowmobile Industry Association, inter- Richard L. Bury and Edgar R. Fillmore, "Motorcycle view with the author, January 12, 1978. Area Design and Location: Impacts on the Recrea- 16. Sally Wimer, The Snowmobiler's Companion (New tional Experiences of Riders and Nonriders," presented York: Charles Scribner's Sons, 1973), p. xi. at a Southern Illinois University and Tennessee Valley 17. Bible, supra note 13, at 10. Authority workshop for outdoor recreation researchers 18. Stanley Roe, American Motor Vehicle Manufacturers and cooperators, Golden Pond. Ky.. March 1975, p, 4: Association, interview with the author, April 18, 1978. Research Summary, supra note 23, at 21-25, Upper 19. Department of the Interior, Heritage Conservation and Great Lakes, supra note 24, at 72. Recreation Service, Environmental Impact Statement, 33. National Academy of Sciences, A Program for Outdoor "Departmental Implementation of Executive Order Recreational Research (Washington, D.C.. 1968). p. 1. 11644, as Amended by Executive Order 11989, Pertain- 34. Jacques Ellul, The Technological Society (New York: ing to Use of Off-Road Vehicles on the Public Lands" Alfred A. Knopf, 1964). (final, April 17, 1978). 35. Karl Marx, Capital (New York: Modern Library, Inc., 20. Paul Solomon, Heritage Conservation and Recreation 1936), p. 374. Service, Department of the Interior, interview with the 36. John Rawls, A Theor 'v of Justice (Cambridge, Mass.: author, March 14, 1978. Harvard University Press, 1971). 21. L. Gutkind, supra note 3, at 201. 37. John Fialka, "Rules Left in Dust," Washington Star. 22. Environmental Impact Statement, supra note 19, at November 27, 1972. 406. 38. Ralph Maughan and David Duncan. "Motorized vs. 23. Richard L. Bury, Robert C. Wendling, and Stephen F. Non-Motorized Forms of Outdoor Recreation: Socio- McCool, Off-Road Recreation Vehicles-A Research Economic Correlates," 1976, pp. 10-11. 60 39. Id. p. 13. Road," Geotimes, July-August 1977, p. 27; Howard 40. Upper Great Lakes, supra note 24, at 8-15. Wilshire, letter to Edward Strohbehn, Jr., Council on 41. A. Nash, supra note 28, at 19; A.E. Keir Nash, Environmental Quality, August 28, 1978. memorandum to the author, August 25, 1978. 66. H.G. Wilshire, J.K. Nakata, Susan Shipley, and Karen, 42. Ibid. Prestegaard, "Vehicle Impacts on Natural Terrain at 43. See Upper Great Lakes, supra note 24, at 8-15; Seven Sites in the San Francisco Bay Area," in press, Research Summary, supra note 23, at 29; "Turkey p. 4. Bay," supra note 27, at 14. 67. Environmental Impact Statement, supra note 19, at 81. 44. "1977 Motorcyclist Magazine Reader Survey," 1978, p. 68. J.K. Nakata, H.G. Wilshire, and G.G. Barnes, "Origin 3. of Mojave Desert Dust Plumes Photographed from 45. Annual, supra note 5, at 42-43. Space," Geology 4(11):644-48 (1976). 46. Id. p. 43. 69. Edgar A. Imhoff, Environmental Planner, U.S. Geo- 47. Id. p. 6. logical Survey, interview with the author, March 6, 48. Id. p. 30. 1977. 49. D. Crandall, supra note 15. 70. Snyder et al., supra note 65; Webb et al., supra note 50. A. Nash, supra note 28, at 92. 65; "Seven Sites," supra note 66. 51. The Geological Society of America, Committee on 71. Robert C. Stebbins, "Off-Road Vehicles and the Frag- Environment and Public Policy, "Impacts of Off-Road ile Desert," The American Biology Teacher 36:294-95 Vehicles," Boulder, Colo., May 1977, p. 2. Reprinted (1974). with permission. 72. "Impacts," supra note 51, at 3-4; J.M. Brodhead and 52. See Appendix 2 for a bibliography on the environmen- P.J. Godfrey, "Off Road Vehicle Impact in -Cape Cod tal effects of ORVs. National Seashore: Disruption and Recovery of Dune 53. Robert C. Stebbins, letter to Edward Strohbehn, Jr., Vegetation," International Journal of Biometeorology Council on Environmental Quality, August 25, 1978. 21:299-306 (1977). 54. Arthur W. Zimmerman, New Mexico State Director, 73. Christopher Visco, "The Geomorphic Effects of Off- Bureau of Land Management, letter to the author, Road Vehicles on the Beach, Fire Island, New York," February 24, 1978. unpublished master's thesis, State University of New 55. Philip Fradkin, "Sands of Time Running Out for State's York at Binghampton, 1977, p. 1. Desert?" Los Angeles Times, February 13, 1972. 74. R. Stebbins, supra note 53. 56. Gary A. Rosenberg, "Regulation of Off-Road Vehi- 75. Shaun Bennett, A Trail Rider's Guide to the Environ- cles," Environmental Affairs 5(l):194 (1976). ment (Westerville, Ohio: The American Motorcycle 57. Thierry Sagnier, Bike! Motorcycles and the People Who Association, 1973). Ride Them (New York: Harper & Row, 1974), p. 102. 76. Id. pp. 43-44. 58. M. Baldwin and D. Stoddard, supra note 14, at 36-37. 77. Id. p. 44. 59. Jack Hope, "The Invasion of the Awful ORVs,- 78. Id. p. 45. Audubon, January 1972, p. 39. 79. Id. p. 47. 60. John J. Lindsay, Snowmobiling in Vermont, 1975, Res. 80. Id. pp. 48-49. Rep. SNR-RM3 (Burlington: University of Vermont, 81. Id. p. 47. 1976), p. 17. 82. "ORV 'Ban'," The ORV Monitor 2(5):3 (1977); Envi- 61. Quincy Dadisman, "Taming the Snowmobile," Ameri- ronmental Impact Statement, supra note 19, at 176. can Forests, September 1974, pp. 38-41. 83. Id. p. 65. 62, Based on a comparative analysis by the author of the 84. Id. pp. 78-79. estimated per capita ownership of off-road motorcycles 85. "Impacts," supra note 51, at 4-5; "Fragile Desert," and 4x4s in four states with abundant public lands- supra note 71, at 295-97. Wyoming, Idaho, Utah, and Alaska-versus the com- 86. Ibid. Also see Kristin H. Berry, ed., Preliminary parable figures in four states with few public lands- Studies of Off-Road Vehicles on the Northwestern Mo- Texas, Oklahoma, Kansas, and Nebraska. jave Desert: A Collection of Papers (privately pub- 63. Environmental Impact Statement, supra note 19, at lished, 1973), especially Stephen Busack, "Off-Road 405-407. Vehicles and Their Effect upon Lizard Populations." p. 64. Id. pp. 78-86. 59; Sheila Byrne, "The Effect of Off-Road Vehicle Use 65. C.T. Snyder, D.G. Frickel, R.F. Hadley, and R.F. in the Mojave Desert on Small Mammal Populations." Miller, Effects of Off-Road Vehicle Use on the Hydrol- pp. 64-73; and Kristin Berry, "The Effects of Off Road ogy and Landscape of Arid Environments in Central Vehicles on the Fauna at Dove Springs Canyon," pp. and Southern California, U.S. Geological Survey Water 78-91; Stephen D. Busack and R. Bruce Bury. "Some Resources Investigation 76-99 (Denver, 1976); R. Effects of Off-Road Vehicles and Sheep Grazing on Webb, H.C. Ragland, B. Godwin, and D. Jenkins, The Lizard Populations in the Mojave Desert," Biological Effects of Off-Road Vehicle Use on Soil Physical and Conservation 6(3):179-83 (1974). Chemical Properties, special volume (Los Angeles: 87. Research Summary, supra note 23, at 43-47, M. Bald- Southern California Academy of Sciences, 1977); How- win and D. Stoddard, supra note 14, at 20-26. ard G. Wilshire and J.K. Nakata, "Erosion Off the 88. Michael C. Bondello, "The Effects of High-Intensity 61 Motorcycle Sounds on the Acoustical Sensitivity of the 114. Id. p. 5. Desert Iguana, Dipsosaurus dorsalis," unpublished 115. Scott Seber, Ranger, Tennessee Valley Authority, master's thesis, California State University, Fullerton, interview with the author, January 25, 1978. 1976, pp. 34-35; Robert C. Stebbins, Curator in Her- 116. "Monitoring Report," supra note 105, at 9. petology, Museum of Vertebrate Zoology, and Profes- 117. S. Seber, supra note 115. sor of Zoology, University of California, Berkeley, 118. "Monitoring Report," supra note 105, at 4. interview with the author, November 17-18, 1977. 119. S. Seber, supra note 115. 89. M. Baldwin and D. Stoddard, supra note 14, at 21-22; 120. H.G. Wilshire, "Study Results of 9 Sites Used by Off- Trail Rider's Guide, supra note 75, at 48; Indiana Road Vehicles That Illustrate Land Modifications," Department of Natural Resources, Off the Road Vehi- looseleaf, 1977, p. 15. cle Study (Indianapolis, 1972), pp. 5-6 and Appendix 121. Ibid. E. 122. "Land Modifications," supra note 120, at 15-17. 90. Department of the Interior, Bureau of Sport Fisheries 123. "Seven Sites," supra note 66, at 17-18. and Wildlife, Environmental Impact Statement, "Pro- 124. "Land Modifications," supra note 120, at 16. posal Relating to Restriction of Vehicular Use on the 125. Id. pp. 9-12. Back Bay National Wildlife Refuge, Virginia" (final, 126. "Seven Sites," supra note 66, at 17. December 29, 1972). 127. "Land Modifications," supra note 120, at 11. 91. Id. p. 12; Glen Bond, Refuge Manager, interview with 128. K. Berry, supra note 86, at 80. the author, April 6, 1978. 129. Id. pp. 80-86. 92. "Back Bay," supra note 90, at 14-15. 130. Joseph Keefe and Kristin Berry, "Effects of Off-Road 93. "Fragile Desert," supra note 71. Vehicles on Desert Shrubs at Dove Springs Canyon," 94. G. Bond, supra note 91. in Preliminary Studies, supra note 86, at 51-52. 95. "Back Bay," supra note 90, at 16. 131. Onsite observations of the author, November 11, 1977. 96. G. Bond, supra note 91. 132. H. Wilshire and J. Nakata, supra note 65, at 27. 97. "Back Bay," supra note 90, at 1-5. 133. S. Byrne, supra note 86, at 70. 98. John Fialka, "Running Wild," National Wildlife, Feb- 134. Ibid. ruary-March, 1975, p. 36. 135. Id. pp. 69-71. 99. G. Bond, supra note 91. 136. K. Berry, supra note 86, at 86-88. 100. Ibid. 137. Id. pp. 83-84. 101. Ibid. 138. R. Stebbins, supra note 88. 102. Department of the Interior, Bureau of Outdoor Recre- 139. Jerry Harrell, "Desert Lands Serve Many Needs," Our ation, Tech. Bull. 1, Land Between the Lakes-Experi- National Resources: The Choices Ahead, U.S. Depart- ments with ORVs (Washington, D.C., 1974), pp. 2-3, ment of the Interior Yearbook (Washington, D.C.: 6. U.S. Government Printing Office, 1974), pp. 84-87. 103. Actually, TVA had prohibited motorcycle riding within 140. See "Fragile Desert," supra note 71, P. Fradkin, supra campgrounds after receiving many complaints from note 55; Staff, Museum of Vertebrate Zoology, Univer- campers, but the prohibition was ineffectual. See Edgar sity of California, Berkeley, letter to Neil Pfulb, R. Fillmore, "Motorcycle Riding Areas in Camp- California Desert Plan Program, Bureau of Land Man- grounds: Impact on Riders and Non-Riders," in Don- agement, September 25, 1973; David P. Whistler, ald F. Holecek, ed., Proceedings of the 1973 Senior Curator, Vertebrate Paleontology, Los Angeles Snowmobile and Off the Road Vehicle Research Sym- County Museum of Natural History, letter to Edward posium, Tech. Rep. 9 (East Lansing: Michigan State Hastey, California State Director, Bureau of Land University, Department of Park and Recreation Re- Management, January 3, 1978; H.G. Wilshire and J.K. sources, 1973). p. 43. Nakata, "Off-Road Vehicle Effects on California's 104. Ibid. Mojave Desert," California Geology, June 1976, pp. 105. Tennessee Valley Authority, "Monitoring Report for 123-32; Richard E. Gutting, Jr., "The Environmental ORV Area Land Between the Lakes 1974-1975," Costs of ORVs in America," Environmental Defense Golden Pond, Ky., 1975, p. 1. Fund Newsletter, Special Supplement, "Off-Road Ve- 106. Ibid. hicles," May 1974; Robert C. Stebbins and Nathan W. 107. Experiments, supra note 102, at 3-5; "Monitoring Cohen, "Off-Road Menace," Sierra Club Bulletin, July- Report," supra note 105. August 1976; Luther J. Carter, "Off-Road Vehicles: A 108. Tennessee Valley Authority, "Monitoring Plan for the Compromise Plan for the California Desert," Science Off-Road Vehicle in Land Between the Lakes," 183:396-99; Department of the Interior, Bureau of Golden Pond, Ky., 1972. Land Management, Yuha Desert Management Frame- 109. "Monitoring Report," supra note 105, at 1; "Turkey work Plan (El Centro, Calif., 1975), p. 41. Bay," supra note 27. 141. Howard G. Wilshire, "Orphaning Desert Lands," Cry 110. Ibid. California, Winter 1977-78, p. 6. 111. R. Bury and E. Fillmore, supra note 32, at 3-5. 142. California State Office, Bureau of Land Management, 112. "Monitoring Report," supra note 105, at 2, 7. and Western Regional Office, National Park Service, 113. Id. pp. 2, 5, 8. The California Desert (Sacramento, 1968), pp. 19-25. 62 143. Pub. L. 94-579, 90 Stat. 601, 43 U.S.C. � 1781 (1976). 180. "Land Modifications," supra note 120, at 7-9. 144. "Fragile Desert," supra note 71, at 204. 181. "Field Guidebook," supra note 157, Figures 7-8. 145. Cathy Klinesteker, Desert Awareness, prepared for the 182. J.M. Knott, in cooperation with the California Depart- Department of the Interior, Bureau of Land Manage- ment of Water Resources, "Assessment of Erosion and ment (Washington, D.C.: U.S. Government Printing Sedimentation in the Hungry Valley Area, Los Angeles Office, 1977), pp. 20-23. and Ventura Counties, California," U.S. Geological 146. "Fragile Desert," supra note 71, at 298-99, 301. Survey Open File Rep., 1978. 147. Id. p. 297. 183. Id. pp. 1-2. 148. Id. p. 298. 184. Ibid. 149. Robert C. Stebbins, letter to the author, January 12, 185. Onsite observations by the author, November 18, 1977; 1978. "Field Guidebook," supra note 157, at Figure 9. 150. Raymond F. Dasmann, The Last Horizon (New York: 186. Robert Stull, Susan Shipley, Eric Hovanitz, Scott The MacMillan Co., 1963), p. 159. Thompson, and Karen Hovanitz, Effects of Off-Road 151. "Fragile Desert," supra note 71, at 204, 300. Vehicles in Ballinger Canyon (Los Angeles and Hay- 152. Id. p. 300; Special Supplement, supra note 140. ward: California State University, 1978). 153. Desert Awareness, supra note 145, at 45. 187. Howard Wilshire, letter to Governor Edmund G. 154. "Fragile Desert," supra note 71, at 300. Brown, Jr., December 20, 1975, Figures 54-56. 155. Id. p. 300. 188. "Seven Sites," supra note 66, at Table 4. 156. "Orphaning," supra note 141, at 5-6. 189. Laurens H. Silver, Sierra Club Legal Defense Fund, 157. Howard Wilshire, John Nakata, Norman Prime, Annie letter to the Regional Forester, Region 5, U.S. Forest Allison, and Lowell Kohnitz, "Field Guidebook to Off- Service, in support of Appeal, Sequoia National Forest Road Vehicle Recreation Areas," looseleaf, prepared ORV Plan, March 21, 1977, Exhibits D and E. for the U.S. Geological Survey and the California 190. H.G. Wilshire, letter to Deborah Reames, Sierra Club Department of Conservation, November 16-18, 1977, Legal Defense Fund, Inc., September 21, 1977. p. 4. 158. Onsite observations of the author, November 11, 1977. 191. Laurens H. Silver, Sierra Club Legal Defense Fund, 159. H. Wilshire and J. Nakata, supra note 140, at 125. statement before Regional Forester, Region 5, U.S. 160 '. Id. p. 129; "Fragile Desert," supra note 71. Forest Service, in support of Appeal, Shasta-Trinity 161. Environmental Impact Statement, supra note 19, at 84. National Forest ORV Management Plan, June 1977, p. 162. "Dust Plumes," supra note 68, at 644-48. 13. 163. Environmental Impact Statement, supra note 19, at 79- 192. See ibid.; L. Silver, supra note 189; Laurens H. Silver, 80. Sierra Club Legal Defense Fund, statement to Chief, 164. "Fragile Desert," supra note 71, at 301. U.S. Forest Service, in support of Appeal of Regional 165. "Land Modifications," supra note 120, at 14; H. Forester's decision in Sequoia National Forest Off-Road Wilshire and J. Nakata, supra note 140, at 130. Vehicle Management Plan, October 3, 1977, Exhibit 3. 166. "Fragile Desert," supra note 71, at 203-304. 193. Sierra Club, Wilderness Society, Red Buttes Wilder- 167. F.R. Fosberg, letter to Neil Pfulb, California Desert ness Council, and Federation of Western Outdoor Plan Program, Bureau of Land Management, October Clubs, Notice of Request for Reconsideration of Rogue 2, 1973. River National Forest Off-Road Vehicle Use Plan, 168. R. Bruce Bury, Roger A. Luckenbach, and Stephen January 16, 1977, p. 3. D. Busack, Effects of Off-Road Vehicles on Vertebrates 194. Robert L. Safran, Director of Recreation, Intermoun- in the California Desert, Department of the Interior, tain Region, U.S. Forest Service, letter to the author, Fish and Wildlife Service, Wildlife Res. Rep. (Wash- March 23, 1978. ington, D.C., 1977), pp. 2-19. 195. George Raine, "Officials Eye Tougher Canyon Ordi- 169. Id. pp. 4-7, 14. nances," Salt Lake City Tribune, August 9, 1977. 170. Id. p. 16. 196. Harold H. Ramsbaches, Acting Arizona State Director, 171. "Fragile Desert," supra note 71, at 296. Bureau of Land Management, letter to the author, Feb- 172. Robert C. Stebbins, Theodore J. Papenfuss, and Flor- ruary 16, 1978. ence D. Amamoto, "Teaching and Research in the 197. Daniel P. Baker, Wyoming State Director, Bureau of California Desert (A Summary of a Report to the Land Management, letter to the author, February 7, Bureau of Land Management, Sacramento, California, 1978. Submitted October 30, 1977)," Berkeley, 1977, pp. 13- 198. Dale R. Andrus, Colorado State Director, Bureau of 14.1 Land Management, letter to the author, March 22, 173. Bury et al., supra note 168, at 13-15. 1978; Edwin Zaidlicz, Montana State Director, Bureau 174. Id. p. 18. of Land Management, letter to the author, March 17, 175. Id. p. 14. 1978; M.J. Hassell, Regional Forester, Region 3, U.S. 176. Id. p. 18. Forest Service, letter to the author, March 10, 1978; 177. R. Stebbins and N. Cohen, supra note 140. William L. Mathews, Idaho State Director, Bureau of 178. Yuha Desert, supra note 140, at 43. Land Management, letter to the author, January 30, 179. R. Stebbins and N. Cohen, supra note 140. 1978. 63 199. Ted R. Hudson, "Hard Rock Mining: Modern Industry 1978; Dale R. Andrus, Colorado State Director, Bu- under an Ancient Law," Natural Resources Council of reau of Land Management, March 22, 1978; M.J. America, Washington, D.C., 1978, pp. 20-21. Hassell, Regional Forester, Region 3, U.S. Forest 200. Brad Marion, Wilderness Society, interview with the Service, March 10, 1978; Daniel P. Baker, Wyoming author, December 14, 1978. State Director, Bureau of Land Management, Februarv 201. "Orphaning," supra note 141, at 6. 7, 1978; William L. Mathews, Idaho State Director, 202. B. Marion, supra note 200. Bureau of Land Management, January 30, 1978; Har- 203. "Land Modifications," supra note 120. old H. Ramsbaches, Acting Arizona State Director, 204. D. Crandall, supra note 15. Bureau of Land Management, February 16, 1978; 205. M.B. Doyle, Snowmobiling and Our Environment Robert L. Safran, Recreation Management Director, (Washington, D.C.: Snowmobile Industry Association, Intermountain Region, U.S. Forest Service, March 23, 1976), p. 19. 1978. 206. Wallace J. Wanek and Donald V. Potter, A Continuing 230. A. Zimmerman, supra note 229. Study of the Ecological Impact of Snowmobiling in 231. Robert J. Badaracco, "ORVs: Often Rough on Visi- Northern Minnesota (Final Research Report for 1973- tors," Parks & Recreation Magazine, September 1976, 74) (Bemidji, Minn.: Bemidji State College, undated), p. 35; Research Summary, supra note 23, at 15-19. p. 12. 232. R. Badaracco, supra note 231, at 35, 68-72; E. Fill- 207. S. Winter, supra note 16, at 185-86. more, supra note 103, at 45. 208. Wallace J. Wanek and Lawrence H. Schumacher, A 233. Michael Weinstein, "Study of Off-Road Vehicles in Continuing Study of the Ecological Impact of Snowmo- Afton Canyon," Interim Rep. 2, prepared for the biling in Northern Minnesota (Final Research Report for Bureau of Land Management, Riverside District, 1978, 1974-75) (Bemidji, Mirm.: Bemidji State College, un- pp. 4-5. dated), pp. 8-32. 234. Ibid. 209. Id. p. 32. 235. W. Mathews, supra note 229, at 4. 210. Bible, supra note 13, at 142. 236. Department of the Interior, Bureau of Land Manage- 211. M. Doyle, supra note 205, at 18. ment, California State Office, Environmental Impact 212. Bible, supra note 13, at 145. Statement, Proposed Barstow-Las Vegas Motorcycle 213. Research Summary, supra note 23, at 47. Race (final, October 22, 1974), p. 11-13. 214. J. Hope, supra note 59. 237. Roger McCoy and George Moeller, "Trail Users Com- 215. Research Summary, supra note 23, at 43-48. patibility in Ohio," Research Paper, U.S. Forest Serv- 216. Dan E. Huff, Patrick J. Savage, David L. Urich, and ice, Northeastern Forest Experiment Station. 1976, pp. Robert L. Watlov, Wildlife-Snowmobile Interaction 8-10. Also see Roger N. Clark et al., "Values, Behav- Project Preliminary Report, prepared for the Minne- ior, and Conflict in Modern Camping Culture," Journal sota Department of Natural Resources (Minneapolis: of Leisure Research 3(3):74-79 (1971). University of Minnesota, 1973), pp. 8-16. 238. Robin Harrison, Mechanical Engineer, Equipment De- 217. Id. p. 8. velopment Center, U.S. Forest Service, San Dimas, 218. James E. Doherty, "Shame on the Snow," National California, interview with the author, February 7, 1978. Wildlife, February-March 1974, p. 29. 239. Robin Harrison, Motorcycle Noise, U.S. Forest Serv- 219. D. Crandall, supra note 15. ice, ED&T 2428 (Washington, D.C.: U.S. Government 220. Julie A. Jarvinen and William D. Schmid, "Snowmo- Printing Office, 1974), p. 8. bile Use and Winter Mortality of Small Animals," in 240. R. Harrison, supra note 238. Proceedings, supra note 1, at 131-39. 241. Claude Ferguson, former Staff Officer, Wayne-Hoosier 221. Research Summary, supra note 23, at 43-45. National Forest, interview with the author, April 11, 222. John W. Lanier, U.S. Forest Service, "Snow Machine 1978. Use and Deer in Rob Brook," 1976. 242. Robin T. Harrison, Sound Propagation and Annoyance 223. Research Summary, supra note 23, at 43-45. under Forest Conditions, U.S. Forest Service ED&T 224. Joseph Wood Krutch, The Best Nature Writing of 7120-6 (Washington, D.C.: U.S. Government Printing Joseph Wood Krutch (New York: William Morrow and Office, 1974), pp. 11-17. Co., 1969), p. 196. Reprinted with permission. 243. R. Harrison, supra note 238. 225. Gary A. Rosenberg, "Regulation of Off-Road Vehi- 244. Proceedings, supra note 1, at 138. cles," Environmental Affairs 5:176 (1976). 226. Jerry Buerer, "Members' Forum," National Wildlife, 245. Robin Harrison, Development of a Noise Standard for August-September 1975, p. 35. the Oregon -Dunes National Recreation Area, U.S. 227. Edgar A. Imhoff, interview with the author, March 6, Forest Service Project Record (Washington, D.C.: 1978. U.S. Government Printing Office, 1973), p. 11. 228. Bible, supra note 13, at 139. 246. International Snowmobile Industry Association, Snow- 229. Letters to the author from: Arthur W. Zimmerman, mobile Sound Level Reduction 1968-1975 (Washington, New Mexico State Director, Bureau of Land Manage- D.C., 1974). ment, February 24, 1978; R.E. Worthington, Regional 247. M.B. Doyle, President, International Snowmobile In- Forester, Region 6, U.S. Forest Service, February 3, dustry Association, letter to Charles Warren, Chair- 64 man, Council on Environmental Ouality, August 28, 270. Id. p. 245. 1978. 271. Id. p. 290. 248. Jack C. Maloney, interview with the author, October 272. Id. p. 3. 20, 1978. 273. Bureau of Land Management. California State Office. 249. Robert Badaracco, Recreational Planner, California Off-Road Vehicle Advisory Council. Operation OR- Desert Plan Staff, Bureau of Land Management, inter- VAC, Recommendations and Guidelines for the Man- view with the author, January 11, 1978. agement of Off-Road Vehicles on the Public Domain 250. R. Badaracco, supra note 231, at 73. Lands of California (Sacramento. 1970). pp. 19-20. 251. Id. pp. 73-74. Reprinted with permission of Parks & 274. Bureau of Land Management. California State Office, Recreation Magazine. "Minutes of the California Off-Road Vehicle Advisorv 252. R. Badaracco, supra note 249. Council," 1969. p. 67. 253. Robert J. Badaracco, "Conflicts Between Off-Road 275. ORVAC, supra note 273. Vehicle Enthusiasts and Other Outdoor Recreation- 276. Department of Agriculture. U.S. Forest Service. For- ists-The ISD Syndrome" (Southern California Acad- est Service Manual. Title 2100--Multiple Use Manage- emy of Sciences. in press). Reprinted with permission. ment, p. 2100-3. 254. Barstow-Las Vegas Motorc.vcle Race, supra note 236, 277. Department of the Interior, "Off-Road Vehicle Task at V- 15. Force Report." 1971. p. 54. 255. "Don't Expect a Peaceful Winter Retreat." National 278. Id. p. 52. Parks and Conservation Magazine, May 1977, p. 19. 279. Id. p. 71. 256. Robert 1. Kerr, Supervisor. Grand Teton National 290. Id. p. 70. Park, interview with the author. February 17, 1978. 281. Id. p. 26. 257. James W. Carico. Washington office. National Park 282. Id. p. 70. Service. interview with the author. October 3. 1978. 283. Id. p. 44. 258. Robert C. Stebbins. Theodore J. Papenfuss. and 284. Id. p. 71. Florence D. Amamoto. "Teaching and Research in 285. Id. p. 46. the California Desert," prepared for the Bureau of 286. Pub. L. 88-577. 78 Stat. 891, 16 U.S.C. � 1131 (1964). Land Management. Sacramento. October 30. 1977, 287. "Task Force." supra note 277. at 66. pp. 8, 36-38. 288. Thomas B. Stocl, Jr., Natural Resources Defense 259. Robert C. Stebbins, Professor of Zoology. University Council, Inc., letter to Burton Silcock. Director, of California. Berkeley. "Scientists' Petition Request- Bureau of Land Management. Mav 10, 1973. ing Reduction in Off-Road Vehicle Recreation on 289. Environmental Impact Statement.' supra note 19, at National Resource Lands in the California Desert Appendix 2. pp. 553-66. Submitted to the Bureau of Land Management and 290. National Wildlife Federation v. Morton er al.. 393 F. Other Agencies and Persons Concerned with the Control and Regulation of Off-Road Vehicle Recrea- Supp. 1286. 1292 (D.D.C. 1975). tion," October 31, 1975. 291. Id. p. 1295. 260. Bruce Bury, Research Biologist. U.S. Fish and Wild- 292. Id. pp. 1297-98. life Service. interview with the author. Januarv 11. 293. Environmental Impact Statement. supra note 19. at 1978. 46. 48-51. 261. Executive Office of the President, Energy Policy and 294. "Interim Critical Management Program for Recreation Planning, The National Energy Plan (Washington. Vehicle Use of the California Desert bv the Bureau of D.C.: U.S. Government Printing Office, 1977). p. 38. Land Management.--- Progress Report. Section 2. 262. For purposes of analysis, all ORVs are assumed to 7(3):l (1973). burn gasoline. In fact. some ORVs (those with two- 295. Resource and Planning Staff Professionals. Riverside stroke engines) consume a mixture of oil and gasoline. District. Desert Plan Program. California State Office. 263. Mortimer B. Doyle, An Assessment o *fthe Snowinobile and other Bureau of Land Management Offices. Manufacturing Industr 'v and Sport, 1977 (Washington. memorandum to California State Director. Bureau of D.C.: International Snowmobile Industry Association, Land Management. September 20. 1976. p. 9. 1977). p. 27; Motorcycle Industry Council, Inc.. 1977 296. Id. p. 11. MotorcYcle Statistical Annual (Newport Beach. Calif.: 297. Zane G. Smith. Jr.. Recreation Management Director. 1977), p. 36. U.S. Forest Service. memorandum to Regional Forest- 264. A. Nash. supra note 28. at 79. ers, March 12, 1976. 265. M. Doyle, supra note 263. at 28. 298. T.A. Schlapfer. Regional Forester. Region 6. U.S. 266. Department of the Interior. Office of the Secretary. Forest. Service. memorandum to Forest Supervisor. News Release. April 14, 1971. Olympic National Forest. August 17. 1976. 267. U.S. Forest Service. Recreation Management Staff. 299. Robert J. Boston. Staff. U.S. Forest Service. Washing- "National Forest System Off-Road Vehicle Manage- ton. D.C., interview with the author. Januarv 19. ment Issue Paper," December 1974, p. 8. 1978. 268. California Desert, supra note 142. at 241. 300. Laurens H. Silver, Sierra Club Legal Defense Fund. 269. Id. p. 209. Memorandum to the Regional Forester. Region 5. in 65 Support of Appeal, Sequoia National Forest ORV 681 Before the Senate Committee on Interior and Plan, March 21, 1977, p. 36. Consular Affairs, 92d Cong., Ist Sess. p. 114 (1971). 301. "Court Action Backs IWL Lawsuit in Hoosier Forest See also Diana R. Dunn, "Motorized Recreation ORV Battle," Hoosier Waltonian, 13(2):1-3 (1974). Vehicles ... on Borrowed Time," Parks & Recreation 302. Ibid.; Claude Ferguson, former staff officer, Wayne- Magazine 5(7):10-14 (1970). Hoosier National Forest, interview with the author, 328. Environmental Impact Statement, supra note 19, at April 11, 1978; Joel Thomas, attorney, National Wild- 87. life Federation, interview with the author, December 329. Steven L. Smith, Ranger, Bureau of Land Manage- 21, 1977. ment, interview with the author, November 17, 1977. 303. Howard Wilshire, geologist, U.S. Geological Survey, 330. Robert Rasor, Five State Approaches to Trailbike . interview with the author, November 18, 1977. Recreation Facilities and their Management (Wester- 304. Howard Wilshire, letter to Deborah Reams, Sierra ville, Ohio: American Motorcyclist Association, 1977), Club Legal Defense Fund, November 31, 1977. p. V. 305. U.S. Department of Agriculture, Forest Service, Off- 331. International Snowmobile Industry Association, Sum- Road Vehicle Management Plan, "Management Di- mary of Snowmobile Laws and Regulations (Washing- rection for Off-Road Vehicles, National Forests in ton, D.C., 1976). North Carolina," Asheville, 1976, pp. 1, 7. 332. "California's Studies on ORV Gas Use," The 49RV 306. Laurens H. Silver, letter to Douglas R. Leisz, Re- Monitor 2(6):10-11 (1977). gional Forester, Region 5, U.S. Forest Service, De- 333. R. Rasor, supra note 330, at 27. cember 8, 1977, p. 3. 334. Id. pp. 27-33; Joseph J. Wernex, ORV Supervisor, 307. Department of Defense, Office of the Assistant Sec- Washington Department of Natural Resources, inter- retary (Health and Environment), Environmental Im- view with the author, October 13, 1978. pact Statement, "Use of Off-Road Vehicles" (draft, 335. Ibid. March 1973), p. 2. 336. Indiana Department of Natural Resources. Off the 308. Id'p. 7. Road Vehicle Study (Indianapolis, 1972). 309. Id. pp. 6, 10. 337. Id. p. 4. Id. p. 10. 338. Environmental Impact Statement, supra note 19, at 311. Id. p. 14. 104. 3i2. ORV Monitor, supra note 82, at 1-6. 339. Indiana, supra note 336, at 70, 72. 313. Ibid. 340. Id. p. 72. 314. Department of the Interior, Office of the Secretary. 341, Id. p. 60. News Release, May 26, 1977; Len Shaw, Heritage 342. Id. p. 78. Conservation and Recreation Service, Department of 343. Id. pp. 54-55. the Interior, interview with the author, January 5, 344. Id. p. 52. 1978. 345. Id. p. 3. 315. Weekly Compilation of Presidential Documents 13:790 346. Id. p. 76. (1977). 347. Ibid. 316. News Release, supra note 314. 348. Indiana, supra note 336, at 79. 317. The Institute of Rational Design, Inc., Critical Area 349. John T. Costello, Deputy Director, Indiana Depart- Programs, Guidebook for State and Local Govern- ment of Natural Resources, letter to the author. ments, prepared for the Department of the Interior, January 31, 1978. Geological Survey, Resource and Land Investigations 350. "Dune-Buggy Depredations," The Washington Star, Program (New York, 1977), p. 15. December 12, 1977. 318. The Interior Department employee quoted here did 351. T. Sagnier, supra note 57. not wish to be identified. 352. Senator Barry Goldwater, letter to William D. Hurst. M9. Joel Thomas, interview with the author, December 21. Regional Forester, Region 3, U.S. Forest Service, 1977. Albuquerque, New Mexico, March 23, 1973. 320. "Task Force," supra note 277, at 5. 353. Environmental Impact Statement, supra note 19, at 321. Environmental Impact Statement, supra note 19, at 260. 76. 354. M. Doyle, supra note 205, at 5. 322. L. Shaw, supra note 314. 355. Society of American Foresters, "Use of Off-Road Ve- 323. Environmental Impact Statement, supra note 19, at hicles on Forestlands: A Position of the Society of 76, American Foresters," Journal of Forestry, March 1979, 324. Robert C. Stebbins, letter to the author, January 12, p. 197. Reprinted with permission. 1978, p. 5. 356. Proceedings, supra note 1, at 109. 325. Memorandum, supra note 295, at 1, 8. 357. Arthur W. Zimmerman, New Mexico State Director, 326. Bureau of Land Management, California State Office. Bureau of Land Management, letter to the author, Riverside District, Evaluation Report, October 4-8, February 24, 1978. 1976 (Riverside, 1976), p. 3. 358. Environmental Impact Statement, supra note 19, at 327. Diana Dunn, Statement at Hearings on S. 1216 and S. 82. 66 359. "Management Direction." supra note 305. at 16. 371. "Management Issue Paper," supra note 267, at 1. 360. Barstow-Las Vegas Motorcycle Race, supra note 236. 372. Paul Weingart, interview with the author, January 23, 361. Bureau of Land Management, California State Office, 1978. "1974 Barstow-Las Vegas Motorcycle Race," Evalua- 373. R. Rasor, supra note 330, at 1. tion Report, Sacramento, 1975, p. 6. 374. Id. pp. 1-6. 362. "On the Trail with the Duck," Cycle World 17(3):31 375. Id. p. 19. (1978). 376. Robert Sulenski and Denise Meridith, Bureau of Land 363. Environmental Impact Statement, supra note 19. at Management, Las Vegas District Office. "Final Pro- 241. grammatic Environmental Analysis Record. Off-Road 364. Id. p. 154. Vehicle Use in the Dry Lake Valley Area." January 365. The Gallup Organization, Inc., National Opinions Con- 1976, p. 54. cerning the California Desert Conservation Area, pre- 377. "Impacts," supra note 51, at 8. Reprinted with permis- pared for the Bureau of Land Management (Princeton, sion. N.J., January 1978), p. 11. 378. Ibid. 366. Id. p. 5. 379. Pub. L. 95-87, 91 Stat. 486 (b)(19). 30 U.S.C. � 1265 367. Id. pp. 14-15. (b)(19) (1977). 368. Field Research Corporation, California Public Opinion 380. "Orphaning," supra note 141. at 6. and Behavior Regarding the California Desert, pre- 381. Pub. L. 95-87, 91 Stat. 486, 30 U.S.C. � 1265 (1977). pared for the Bureau of Land Management (San 382. American Association for the Advancement of Sci- Francisco, October 1977), pp. 5, 11-14. ence, Committee on Arid Lands, "Off-Road Vehicle 369. Id. pp. 28-30. Use," Science 184:500-501 (1974): "Impacts," supra 370. Thomas E. Dustin, "Changing Public Attitudes Now note 51; "Petition," supra note 259. Supporting Preservation as First Priority for Forests 383. Garrell E. Nicholes. Salt Lake City. interview with the New Summary by Forest Service Shows," The Hoosier author, October 13. 1978. Waltonian, Summer 1975. p. 3. 384. Desert Awareness, supra note 145. at 19. 67 APPENDIX I Executive Orders any registered motorboat, (B) any military, fire, emergency, EXECUTIVE or law enforcement vehicle when used for emergency pur- ORDER 11644 poses, and (C) any vehicle whose use is expressly authorized by the respective agency head under a permit, lease, license, or contract; and Use of Off-Road Vehicles (4) "official use" means use by an employee, agent, or on the Public Lands designated representative of the Federal Government or one of its contractors in the course of his employment, agency, or An estimated 5 million off-road recreational vehicles- representation. motorcycles, minibikes, trail bikes, snowmobiles, dune-bug- SEc 3. Zones of Use. (a) Each respective agency head gies, all-terrain vehicles, and others-are in use in the United shall develop and issue regulations and administrative instruc- States today, and their popularity continues to increase tions, within six months of the date of this order, to provide rapidly. The widespread use of such vehicles on the public for administrative designation of the specific areas and trails lands--often for legitimate purposes but also in frequent on public lands on which the use of off-road vehicles may be conflict with wise land and resource management practices, permitted, and areas in which the use of off-road vehicles environmental values, and other types of recreational activ- may not be permitted, and set a date by which such ity-has demonstrated the need for a unified Federal policy designation of all public lands shall be completed. Those toward the use of such vehicles on the public lands. regulations shall direct that the designation of such areas and NOW, THEREFORE, by virtue of the authority vested in trails will be based upon the protection of the resources of me as President of the United States.by the Constitution of the public lands, promotion of the safety of all users of those the United States and in furtherance of the purpose and lands, and minimization of conflicts among the various uses policy of the National Environmental Policy Act of 1969 (42 of those lands. The regulations shall further require that the U.S.C. 4321), it is hereby ordered as follows: designation of such areas and trails shall be in accordance SEMON 1. Purpose. It is the purpose of this order to with the following- establish policies and provide for procedures that will ensure (1) Areas and trails shall be located to minimize damage to that the use of off-road vehicles on public lands will be soil, watershed, vegetation, or other resources of the public controlled and directed so as to protect the resources of those lands. lands, to promote the safety of all users of those lands, and to (2) Areas and trails shall be located to minimize harass- minimize conflicts among the various uses of those lands. ment of wildlife or significant disruption of wildlife habitats. SEc 2. Definitions. As used in this order, the term: (3) Areas and trails shall be located to minimize conflicts (1) "public lands" means (A) all lands under the custody between off-road vehicle use and other existing or proposed and control of the Secretary of the Interior and the Secretary recreational uses of the same or neighboring public lands, and of Agriculture, except Indian lands, (B) lands under the to ensure the compatibility of such uses with existing condi- custody and control of the Tennessee Valley Authority that tions in populated areas, taking into account noise and other are situated in western Kentucky and Tennessee and are factors. designated as "Land Between the Lakes," and (C) lands (4) Areas and trails shall not be located in officially under the custody and control of the Secretary of Defense; designated Wilderness Areas or Primitive Areas. Areas and (2) "respective agency head" means the Secretary of the trails shall be located in areas of the National Park system, Interior, the Secretary of Defense, the Secretary of Agricul- Natural Areas, or National Wildlife Refuges and Game ture, and the Board of Directors of the Tennessee Valley Ranges only if the respective agency head determines that Authority, with respect to public lands under the custody and off-road vehicle use in such locations will not adversely affect control of each; their natural, aesthetic, or scenic values. (3) "off-road vehicle" means any motorized vehicle de- (b) The respective agency head shall ensure adequate signed for or capable of cross-country travel on or immedi- opportunity for public participation in the promulgation of ately over land, water, sand, snow, ice, marsh, swampland, such regulations and in the designation of areas and trails or other natural terrain; except that such term excludes (A) under this section. 68 (c) The limitations on off-road vehicle use imposed under EXECUTIVE this section shall not apply to official use. SEC. 4. Operating Conditions. Each respective agency ORDER 11989 head shall develop and publish, within one year of the date of this order, regulations prescribing operating conditions for Off-Road Vehicles on Public Lands off-road vehicles on the public lands. These regulations shall be directed at protecting resource values, preserving public By virtue of the authority vested in me by the Constitution health, safety, and welfare, and minimizing use conflicts. and statutes of the United States of America, and as President SEC 5. Public Information. The respective agency head of the United States of America, in order to clarify agency shall ensure that areas and trails where off-road vehicle use is authority to define zones of use by off-road vehicles on public permitted are well marked and shall provide for the publica- lands, in furtherance of the National Environmental Policy tion and distribution of information, including maps, describ- Act of 1969, as amended (42 U.S.C. 4321 et seq.), Executive ing such areas and trails and explaining the conditions on Order No. 11644 of February 8, 1972, is hereby amended as vehicle use. He shall seek cooperation of relevant State follows: agencies in the dissemination of this information. SECTION 1. Clause (B) of Section 2(3) of Executive Order SEC. 6. Enforcement. The respective agency head shall, No. 11644, setting forth an exclusion from the definition of where authorized by law, prescribe appropriate penalties for off-road vehicles, is amended to read "(B) any fire, military, violation of regulations adopted pursuant to this order, and emergency or law enforcement vehicle when used for emer- shall establish procedures for the enforcement of those gency purposes, and any combat or combat support vehicle regulations. To the extent permitted by law, he may enter when used for national defense purposes, and". into agreements with State or local governmental agencies for SEC. 2. Add the following new Section to Executive Order cooperative enforcement of laws and regulations relating to No. 11644: off-road vehicle use. "SEC. 9. Special Protection of the Public Lands. (a) SEC. 7. Consultation. Before issuing the regulations or Notwithstanding the provisions of Section 3 of this Order, the administrative instructions required by this order or designat- respective agency head shall, whenever he determines that ing areas or trails as required by this order and those the use of off-road vehicles will cause or is causing considera- regulations and administrative instructions, the Secretary of ble adverse effects on the soil, vegetation, wildlife, wildlife the Interior shall, as appropriate, consult with the Atomic habitat or cultural or historic resources of particular areas or Energy Commission. trails of the public lands, immediately close such areas or trails to the type of off-road vehicle causing such effects, until SEC. 8. Monitoring of Effects and Review. (a) The respec- such time as he determines that such adverse effects have tive agency head shall monitor the effeets of the use of off- been eliminated and that measures have been implemented to road vehicles on lands under their jurisdictions. On the basis prevent future recurrence. of the information gathered, they shall from time to time "(b) Each respective agency head is authorized to adopt amend or rescind designations of areas or other actions taken the policy that portions of the public lands within his pursuant to this order as necessary to further the policy of jurisdiction shall be closed to use by off-road vehicles except this order. those areas or trails which are suitable and specifically (b) The Council on Environmental Quality shall maintain designated as open to such use pursuant to Section 3 of this a continuing review of the implementation of this order. Order." RICHARD NIXON JIMMY CARTER THE WHITE HOUSE, THE WHITE HOUSE, February 8, 1972 May 24, 1977 69 APPENDIX 2 An Annotated Bibliography of the Effects of Off-Road Vehicles on the Environment* Robert H.Webb and Howard G. Wilshire TABLE. OF CONTENTS Page General Papers ................................................................................... 71 Effects of Off-Road Vehicles on Soil ............................................................... 72 Related Studies ........................................................................................ 74 Related Studies: Erosion Control .......... 74 Related Studies: Effects on Plant Growth ...................................................... 75 Effects of Off-Road Vehicles on Vegetation ...................................................... 76 Related Studies ........................................................................................ 77 Effects of Off-Road Vehicles on Wildlife .......................................................... 78 Related Studies ........................................................................................ 79 Effects of Trampling on the Environment ........... I ............................................. 79 Effects of Noise on the Environment ............................................................... 80 Off-Road Vehicle Management ...................................................................... 81 Popular Articles on Off-Road Vehicle Use ....................................................... 81 Off-Road Vehicle Bibliographies .................................................................... 82 Abstracts .................................................................................................... 82 *U.S. Geological Survey Open File Report 78-149. This report is preliminary and has not been edited or reviewed for conformity with Geological Survey standards and nomenclature. 70 GENERAL PAPERS Godfrey, P. J., Leatherman, S. P., and Buckley, P. A., 1978, Impact of off-road vehicles on coastal ecosystems: San Francisco, Calif., Proceedings of the symposium on Baldwin, M. F., and Stoddard, D. H., Jr., 1973, The off-road technical, environmental, socioeconomic, and regulatory vehicle and environmental quality: 2nd ed. Washington, aspects of coastal zone planning and management, pp. D.C., The Conserv. Found., 61 p. 581-600. Contains general information on the effects of different Results show that the sensitivity of coastal ecosystems to ORVs (snowmobiles, trail bikes, dune buggies) on soil, ORV stress increases with the environmental stability of vegetation, and wildlife, and makes recommendations on the ecosystem. Vegetation can be totally destroyed by the ORV problem with reference to environmental and even low levels of continuous ORV pressures. Stable socioeconomic considerations. A good review of studies upland sites are most vulnerable and should be protected of the effects of ORVs prior to 1973. from ORV use. Vehicle-induced bare spots in low marsh Berry, K. H., (ed.), 1973, Preliminary studies on the effects cause accelerated erosion. Pedestrian traffic was found to of off-road vehicles on the northwestern Mojave Desert: be more of a problem to nesting birds than vehicles. a collection of papers: Ridgecrest, Calif., privately publ., Sand transport rates increase in ORV-impacted dune 100 P. systems. The article also contains information for man- Contains seven articles on off-road effects on the ecology agement of ORVs in coastal areas. of the northwestern Mojave Desert. Four of the articles Hutchinson, C. F., and Huning, J. R., 1973, Application of have been published in journals and are reviewed in their ERTS-1 pre-enhanced imagery for and land recreation journal form; the other three are reviewed as they appear planning: Tucson, Ariz., Proc. Fourth Annu. Conf. on in this collection. Remote Sensing in Arid Lands, Univ. Arizona, pp. 1-19. Berry, K. H., (ed.), 1978, The physical, biological, and social Contains possible applications of remote sensing tech- impacts of off-road vehicles on the California Desert: niques to recreation monitoring and planning, with em- Proceedings of the May 1976 symposium held at Santa phasis on the Barstow-Las Vegas motorcycle race. Barbara, Calif., So. Calif. Acad. Scis. Spec. Publ., in Luckenbach, R. A., 1975, What the ORVs are doing to the press. desert: Fremontia 2(4): 3-11. Contains eight articles on ORV effects on the California This article qualitatively examines the effect of ORVs on Desert, all of which are reviewed elsewhere in this the Mojave Desert. Contains information on seedling bibliography. germination, plant ecology, and plant geography. Bureau of Land Management, 1975, Evaluation report: 1974 Stebbins, R. C., 1974, Off-road vehicles and the fragile Barstow-Las Vegas motorcycle race: Sacramento, Calif., desert: Amer. Biol. Teacher 36(4-5): 203-208, 294-304. Bureau of Land Management, 130 p. This article deals qualitatively with the effect of ORVs Significant increases in bulk density occurred in two- on the Mojave Desert. Stressing heavily the effect of thirds of the sample areas in the 1974 Barstow-Las Vegas ORVs on the entire ecosystem, Stebbins demonstrates race course in the Mojave Desert. Seedlings that had the need for more research into ORV impacts and more germinated in the course were destroyed; vegetation was stringent management plans to prevent the spread of heavily impacted in parking areas. The California atmos- ORV use. pheric particulate standards were exceeded on the day of Tauman, R., 1977, Summer effects of vehicles on beaches of the race and the day after at one station. The total Fire Island, New York: State Univ. New York at impacted area increased 25%, and the area of impacted Binghampton, M.A. project, 49 p. race course increased 31% after the 1974 race. University of California, Irvine, 1974, Desert land use Geological Society of America, Committee on Environment and management in California: its ecological and socio- and Public Policy, 1977, Impacts and management of off- logical consequences: Irvine, Calif., Final Rept., NSF road vehicles: Boulder, Colo., Geol. Soc. Amer., 8 p. Grant GY-11425, 268 p. This article provides an overview of ORV effects on This study examined the effects of ORVs near Joshua natural ecosystems, although no new quantitative infor- Tree, California, in the southern Mojave Desert. Pene- mation is given. Suggestions for environmental manage- trance measurements showed significant compaction in ment of ORV-use areas are offered with reference to soils of campsites and roads. Lower plant densities existing laws and standard methods for soil conservation occurred around camping areas, creosote bushes in camp- and environmental monitoring. sites were under less moisture stress than bushes on Godfrey, P. J., Brodhead, J., Walker, J., Gilligan, J., and bajadas, and soil organic nitrogen contents were lower in Davis, A., 1975, Ecological effects of off-road vehicles in disturbed areas. Based on arthropod community structure Cape Cod National Seashore, Massachusetts: Univ. measurements, the authors observed a consistent pattern Mass., Nall. Park Service Coop. Park Studies Unit, Inst. of community disruption through reduction of flood for Man and Environ., 10 p. resources. Reptile populations were reduced in use areas, Godfrey, P. J., 1976, Summary of the environmental effects although horned lizard populations increased near camp- of off-road vehicles and some tentative suggestions for sites. Various changes in rodent populations and interac- management procedures in the Cape Cod National Sea- tions were measured. Extreme polarizations between shore: Univ. Mass., Nall. Park Serv. Coop. Park Studies desert recreationists and conservationists were deter- Unit, Inst. for Man and Environ., 10 p. mined from user surveys. This study examines the effects 71 of ORVs from a total ecosystem point of view, but soils 6 years after disturbance, and the high nutrient suffers from the use of inadequate techniques for many levels, coupled with warmer temperatures, increased the measurements and lack of organization in the report. productivity and quality of vegetation in the tracks. Vollmer, A. T., Maza, B. G., Medica, P. A., Turner, F. B., Fox, M., 1973, Compaction of soil by off-road vehicles at and Bamberg, S. A., 1976, The impact of off-road three sites in the Mojave Desert, in Berry, K. H., (ed.)., vehicles on a desert ecosystem: Environ. Manage. 1(2): Preliminary studies of the effects of off-road vehicles on 115-129. the northwestern Mojave Desert: a collection of papers: The effect of controlled truck traffic on vegetation and Ridgecrest, Calif., privately publ., pp. 1-13. wildlife was measured in the northern Mojave Desert. The bulk density of ORV-impacted soil increased signifi- Annual plant densities were significantly less in regularly cantly at three sites northeast of California City in the driven tracks although annual densities in randomly western Mojave Desert. driven and control areas were not different. The extent Gersper, P. L., and Challinor, J. L., 1975, Vehicle perturba- of damage to shrubs was directly related to the amount tion effects upon a tundra soil-plant system: L Effects on of traffic; shrubs in regularly driven tracks were heavily morphological and physical environmental properties of clamaged. Changes in the densities of vertebrates were the soils: Soil Sci. Soc. Amer. Proc. 39(4): 737-744. not conclusive. Similar numbers of rodents and lizards Permafrost in vehicle tracks had higher bulk densities were present in the study areas before and after the and temperatures, accelerated and deeper thaw, and experiment. lower moisture percentages than undisturbed soils near Barrow, Alaska. A slight amount of disturbance may be beneficial to plant growth (see Challinor above) but THE EFFECTS OF heavier disturbance results in subsidence and erosion which prevents revegetation of the disturbed areas. OFF-ROAD VEHICLES Harrison, R., 1976, Environmental effects of off-road vehi- cles: U.S. Dept. Agri., Engr. Tech. Inform. Sys., Field ON SOIL Notes 8(6): 4-8. Contains a basic overview of ORV effects, mainly on soils. Discusses surface disturbance caused by ORVs, Arndt, W., 1966, IV. The effect of traffic compaction on a with emphasis on the effect of different tires on soils. number of soil properties: J. Agri. Engr. Res. 11: 182- Hill, R. R., and Kirby, F. L., 1948, Tread ruts lead to gullies: 187. Colorado Conserv. Comments 10(7): 11-12. Tractor traffic caused increased bulk density and surface One of the first articles describing the effects of ORVs strength, and decreased infiltration rates in a clay loam on soil. The authors describe in general terms erosion ncar Katherine, Australia. and subsequent deterioration of wildlife habitat resulting Barnes, K. K., Carleton, W. M., Taylor, H. M., Throckmor- from indiscriminate jeep use in the back-country. ton, R. I., and Vanden Berg, G. E., 1971, Compaction Knott, J. M., 1978, Assessment of erosion and sedimentation of agricultural soils: St. Joseph, Mich., Amer. Soc. Agri. in the Hungry Valley area, Los Angeles and Ventura Engr. Monogr., 471 p. Counties, California: U.S. Geol. Survey Open-file Rept., An excellent source for information on compaction in press. effects on soils and plant growth. Unregulated ORV activity has resulted in many adverse Barry, W. J., and Schlinger, E. 1., 1977, Inglenook Fen: a erosional effects in the upper part of Hungry Valley. study and plan: Sacramento, Calif., Calif. Dept. Parks Long-term sediment yield of the catchment area including and Rec., pp. 87-91. the Hungry Valley ORV area was estimated at 124 m'/ ORV activities resulted in destabilization and increased km/yr. Many suggestions are made concerning regulation erosion of Ten Mile Dunes in Mendocino County, of use, maintenance and treatment of denuded areas to California. ORV use stripped protective vegetation from mitigate damage, and monitoring of use areas to deter- stable dunes, causing blowouts and accelerated dune mine long-term erosional effects. migration. Nakata, J. K., Wilshire, H. G., and Barnes, G. G_ 1976, Bowden, L. W., Huning, J. R., Hutchinson, C. F., and Origin of Mojave Desert dust plumes photographed from Johnson, C. W., 1974, Satellite photograph presents first space: Geology 4(11): 644-648. comprehensive view of local wind: the Santa Ana: Using LANDSAT-I imagery described by Bowden (see Science 184: 1077-1078. above), the authors located the sources of large dust Contains LANDSAT-I photos of dust generated by ORV plumes generated by a Santa Ana wind in the Mojave use in the Mojave Desert. Desert. Road-building, agriculture. urbanization, stream- Challinor, J. L., and Gersper, P. L., 1975, Vehicle perturba- channel modification, and ORV activities destabilized tion effects upon a tundra soil-plant system: Il. Effects natural surfaces to provide particulates for the plumes. on the chemical regime: Soil Sci. Soc. Amer. Proc. 39(4): Niedorada, A., 1975, The geomorphological effects of off- 689-695. road vehicles on coastal systems of Cape Cod, Massachu- Soil chemical property changes associated with tracked- setts: Univ. Mass., Nall. Park Serv. Coop. Res. Unit, vehicle perturbation were studied near Bariow, Alaska. Contract Rept. Di-NPS-CS 1600-5-0001, No. 17, 100 p. Soluble nutrient levels were higher in track-influenced ORVs are unlikely to significantly affect active beach .72 systems at Cape Cod, although back beach areas are very The effect of controlled traffic on soil physical properties sensitive and should be protected from such traffic. was measured in a Minnesota silty clay loam. Wheel Experiments indicate that low-pressure tires on vehicles traffic associated with normal farming operations was minimizes the effects of ORVs (however, see Harrison found to compact the soil to depths of 30 to 45 cm. The (1976)). bulk density increased by 20% and the soil strength Rickard, W. E., and Slaughter, C. W., 1973, Thaw and increased by up to 400% in the wheel tracks. Freeze- erosion on vehicular trails in permafrost landscapes: J. thaw loosening did not completely alleviate the compac- Soil and Water Conserv. 28(6): 263-266. tion effects. Definite soil structural changes, both in bulk The effects of road building on permafrost soils was and individual units, are caused by spring wheel traffic. studied north of Fairbanks, Alaska. Bulldozed access The penetrometer resistance was a more sensitive indica- roads had thaw depth increases of 300% to 500% and tor of compaction than bulk density. This paper has an showed considerable accelerated erosion. A planned excellent bibliography of methods for studying soil com- access road used only by low ground-pressure vehicles paction. had thaw depth increases of 180% to 300% although less Webb, R. H., 1978, The effects of off-road vehicles on desert erosion was occurring. The authors suggested an insulat- soil in the Dove Springs Canyon, in Berry, K. H., (ed.), ing surface of organic or inorganic nature be installed in The physical, biological, and social impacts of off-road access trails. vehicles on the California Desert: So. Calif. Acad. Scis. Rickard, W. E., and Brown, L, 1974, Effects of vehicles on Spec. Publ., in press. arctic tundra: Environ. Conserv. l(l): 55-62. The effects of ORVs on soils were studied in Dove Studies near Barrow, Alaska indicate that ORVs can Springs Canyon in the western Mojave Desert. Field and have serious effects on arctic tundra. Vehicle trails made aerial photo mapping showed a 27% increase in disturbed in the 1940s show a low rate of natural recovery and areas of the study site between 1973 and 1976. The stabilization. The long-term impact of ORVs is depend- surface strength of disturbed soil varied more than ent on the time of year of impact, type of substrate, undisturbed soil and the bulk density was less in dis- vegetation, soil moisture, ground-contact pressure, vehi- turbed areas, indicating a loosening of surface crust and cle propulsion, and operator technique. compaction of the sub-surface soils. These changes, Snyder, C. T., Frickel, D. G., Hadley, R. F., and Miller, R. coupled with loss of vegetative cover and steep slopes, F., 1976, Effects of off-road vehicle use on the hydrology increased the potential for accelerated wind and water and landscape of and environments in central and south- erosion. ern California: U.S. Geol. Survey, Water Resources Webb, R. H., Ragland, H. C., Godwin, W. H., and Jenkins, Investigations 76-99, 45 p. D., 1978, Environmental effects of soil property changes Studies at Panoche Hills in central California and Dove with off-road vehicle use: Environ. Manage. 2(3): 219- Springs Canyon in the western Mojave Desert showed 233. that ORVs cause accelerated erosion and increased Accelerated erosion displaced 0.3, 0.5, and 3.0 metric sediment yield from impacted areas. The ORV area at tons/m-1 from three trails at Hollister Hills State Vehic- Panoche Hills produced eight times as much runoff as ular Recreation Area in central California. Bulk density the unused area; the used area produced 857 in -1/ km -1 and surface strength increased while soil moisture de- of sediment compared to an insignificant sediment yield creased in trails on four soil types while a clay loam had from the unused area. Bulk density measurements increased strength, variably increased bulk density, and showed compaction in trails to a depth of over I in. no change in soil moisture in trails. Diurnal temperature Erosion benchmarks showed a loss of 0.15 to 0.30 in of fluctuations increased and organic material and soil surface material from trails in Dove Springs Canyon exchangeable ions decreased in trails. The clay loam was during the period of 1973 to 1975. the only soil type which showed a resilience to impact Sparrow, S. D., Wooding, F. J., and Whiting, E. H., 1978, from ORV use. Effects of off-road vehicle traffic on soils and vegetation Wilshire, H. G., and Nakata, J. K., 1976, Off-road vehicle in the Denali Highway region of Alaska: J. Soil and effects on California's Mojave Desert: Calif. Geol. 29(6): Water Conserv. 33(l): 20-27. 123-132. A study of ORV activity south of Fairbanks, Alaska Soil strength was measured in five categories of surface found that bulk densities increased and denudation of materials along the 1974 Barstow-to-Las Vegas race vegetation occurred with moderate to heavy ORV use. course in the Mojave Desert. Soil compaction and loss of The greatest soil damage occurred in poorly drained or vegetative cover were the major short-term consequences loose, gravel-free soils, while soils high in gravel content of the race. This paper describes ORV effects on were least susceptible to damage. different landforms of the Mojave Desert. Visco, C., 1977, The geomorphic effects of off-road vehicles Wilshire, H. G., and Nakata, J. K., 1977, Erosion off the on the beach, Fire Island, New York: Binghamton, New road: Geotimes 22(7): 27. York, State Univ. New York, unpubl. M.A. thesis, 74 p. Soil loss from an ORV-used hillside near Red Rock Vorhees, W. B., Senst, C. G., and Nelson, W. W., 1978, Canyon State Recreation Area in the western Mojave Compaction and soil structure modification by wheel Desert was estimated at 0.2 metric tons/m-2, or 11 traffic in the northern corn belt: Soil Sci. Soc. Amer. J. million kg total. 42: 344-349. Wilshire, H. G., 1977, Study results of nine sites used by off- 73 road vehicles that illustrate land modifications: . U.S. surface, indicating a non-random ordering in the rain- Geol. Survey Open-file Rept. 77-601, 19 p. crust. Organic carbon and nitrogen content are high in A layperson's guide to the effects of off-road vehicles on the crusts, and the additional nutrients aid in the estab- soil, this report contains 21 black-and-white photos and lishment of plant seedlings in the desert. text describing the heavily used ORV areas in California. Mather, K. B., 1963, Why do roads corrugate?: Sci. Amer. Wilshire, H. G., and Nakata, J. K., 1978, Erosion of off-road 208: 128-136. vehicle sites in southern California, in Berry, K. H., Rhythmical bouncing of vehicle wheels causes the com- (ed.), The physical, biological, and social impacts of off- mon "washboarding" effect common in,unpaved roads. road vehicles on the California Desert: So. Calif. Acad. Rickard, W. H., and Murdock, J. R., 1963, Soil moisture and S6s. Spec. Publ., in press. temperature survey of a desert vegetation mosaic: Ecol- The erosional effects of heavy rains were studied at 13 ogy 44(4): 821-824. sites in Southern California. The rains caused accelerated Soil moisture is related to the type of shrub habitat and erosion of the ORV-destabilized surfaces at rates higher not directly to elevation in the northern Mojave Desert. than in the nearby natural surfaces. ORV use increases Soil temperature is also related to the type of shrub the erosion potential of natural areas by denudation of habitat, although temperatures vary with altitude. vegetative cover, destruction of crusts and lag gravel surfaces, compaction of soils, and loosening of sandy Related Studies-soil erodibility soils. and erosion predictions Wilshire, H. G., Nakata, J. K., Shipley, S., and Prestegaard, K., 1978, Impacts of vehicles on natural terrain at seven Anderson, H. W., 1951, Physical characteristics of soils sites in the San Francisco Bay Area: Environ. Geol., in related to erosion: J. Soil and Water Conserv. 6(3): 129- press. 133. The results show increased surface strength, increased Andre, J. E., and Anderson, H. W., 1961, Variation of soil bulk density, (to depths of 90 cm or more), reduced soil moisture (to depths of 30 cm), greatly reduced infiltra- erodibility with geology, geographic zone, elevation, and tion, increased diurnal temperature fluctuations, and vegetation type in Northern California wildlands: J. reduction in organic carbon in loamy soils. Soil erosion Geophys. Res. 66(10): 3351-3358. from vehicle sites was measured at 7 to 1,180 kg/ml. Soil developed from acid igneous rocks produced 2.3 Contains a literature review of ORV articles and related time as much suspended sediment as soil derived from studies. basalt. Branson, F. A., and Owen, J. B., 1970, Plant cover. runoff, and sediment yield relationships on Mancos shale in Related Studies western Colorado: Water Resources Res. 6(3): 783-790. Runoff is significantly related to percent of bare soil, but Booth, W. E., 1941, Algae as pioneers in plant succession sediment yield is related to other geomorphic factors and their importance in erosion control: Ecology 22(l): such as slope length and angle, relief ratios, and drainage 38-46. area. Algal growth in disturbed soil is the pioneer step of plant Dodge, M., Burcham, L. T., Goldhaben, S., McCulley, B., succession in the Midwest. Algae protect soil from and Springer, C., 1976, An investigation of soil charac- erosion by stabilizing soil surfaces with a crust while teristics and erosion rates on California forest lands: allowing water to infiltrate through. Decaying algae add Sacramento, Calif., Div. Forestry, 105 p. organic material and nutrients to the soil which promotes Gumbs, F. A., and Warkentin, B. P., 1972, The effect of the growth of higher plants. bulk density and initial water content on infiltration in Buol, S. W., 1965, Present soil-forming factors and processes clay soil samples: Soil Sci. Soc. Amer. Proc. 36(4): 720- in and and semiarid regions: Soil Sci. 99(l): 4549. 724. Cameron, R. E., and Blank, G. B., 1966, Desert Algae: soil Small decreases in bulk density markedly decreased crusts and diaphanous substrata as algal habitats: Pasa- infiltration in a clay. Thin compacted layers swell in dena, Calif., Jet Prop. Lab. Tech. Rept. 32-971, 41 p. co ntact with water and the density of these layers Algal and lichen crusts have important effects on the decreases over time. stabilization, erodibility, infiltration, and penetration of Lyles, L., 1975, Possible effects of wind erosion on soil desert soils. These crusts prepare eroded or barren soil productivity: J. Soil and Water Conserv. 30(6): 279-283. for pioneer succession because they are one of the most Using the wind erosion equation, the author estimated important sources of soil organic matter in desert regions. yield reductions in agricultural crops. Algae grow in many xeric and mesic desert environments, Megahan, W. F., and Kidd, W. J., 1972. Effect of logging and can be found under translucent surface materials. roads on sediment production rates in the Idaho Bathol- Fletcher, J. E., and Martin, W. P., 1948, Some effects of ith: Ogden, Utah, Intermtn. For. and Range Exp. Sta., algae and molds in the rain-crust of desert soils: Ecology For. Serv. Res. Pap. INT-123, 14 p. 29(l): 95-100. Erosion rates decrease rapidly with time, 85% of granitic The presence of algae and mold in desert soil rain-crusts soil erosion in roadcuts occurs during the first year after helps retard erosion and stabilize the surface soil. A construction. Stabilization of soils reduced erosion rates mechanical sorting of soil particles occurs just under the as much as 99% in roadfills. .74 Megahan, W. F., 1974, Erosion over time on severely Describes the mechanism for seedling emergence through disturbed granitic soils: a model: Ogden, Utah, Intermtn. surface seals. For. and Range Exp. Sta., For. Serv. Res. Pap. INT- Arndt, W., 1965, The impedance of soil seals and the forces 156, 14 p. of emerging seedlings: Aust. J. Soil Res. 3: 55-68. A model developed for surface erosion in granitic soils Barley, K. P., Farrell, D. A., and Greacen, E. L. , 1965, 'Me shows that erosion rates are functions of time. This influence of soil strength on the penetration of a loam by implies limitations to other quantitative soil loss equa- plant roots: Aust. J. Soil Res. 3: 69-79. tions such as the universal soil loss equation. The strength of the soil controlled the penetration and Megahan, W. F., 1974, Deep-rooted plants for erosion growth of roots in a loam. control on granitic road fills in the Idaho Batholith: Blake, G. R., Nelson, W. W., and Allmaras, R. R., 1976, Odgen, Utah, Intermtn. For. and Range Exp. Sta., For. Persistence of subsoil compaction in a mollisol: Soil Sci. Serv. Res. Pap. INT-161, 18 p. Soc. Amer. J. 40: 943-948. Tree planting, straw mulching, and erosion netting re- Soil bulk density below the plowed surface layer did not duced erosion 95% over 3 years. Trees alone reduced change over a 9 year period in a Minnesota clay loam. erosion by 32% to 51%. The results indicate that compacted soils require a long Megahan, W. F., 1978, Erosion processes on steep granitic recovery time. road fills in central Idaho: Soil Sci. Soc. Amer. J. 42: Eck, H. V., Hauser, V. L., and Ford, R. H., 1965, Fertilizer 350-357. needs for restoring productivity on Pullman silty clay Erosion from bare granitic soils averaged 3.4 metric tons/ loam after various degrees of soil removal: Soil Sci. Soc. km-2-day. Tree planting and straw mulching reduced Amer. Proc. 29(2): 209-213. erosion 44% and 95%, respectively. Dry creep accounted Grable, A. R., and Siemer. E. G.. 1968, Effects of bulk for 15% of the total erosion over 3 years, and was as density, aggregate size, and soil water suction on oxygen high as 40% one year. diffusion, redox potentials, and elongation of corn roots: Meyer, G. J., Schoeneberger, P. J., and Huddleston, J. H., Soil Sci. Soc. Amer. Proc. 32: 180-186. 1975, Sediment yields from roadsides: an application of Grimes, D. W., Miller, R. J.. Schweers. V. H., Smith. the universal soil loss equation: J. Soil and Water R. B., and Wiley, P. L., 1972, Soil strength modification Conserv. 30(6): 289-291. of root development and soil water extraction: Calif. Willen, D. W., 1965, Surface soil textural and potential Agri. 26(11): 12-14. erodibility characteristics of some southern Sierra Nevada Soil strengths of greater than 250 psi restricted growth of forest sites: Soil Sci. Soc. Amer. Proc. 28: 430-432. cotton and corn seedlings in a sandy loam. U.S. Department of Agriculture, 1975, Guides for ero- Lowry, F. E., Taylor, H. M., and Huck, M. G., 1970, sion and sediment control in California: Davis, Calif., Growth rate and yield of cotton as influenced by depth Soil Conserv. Serv., 32 p. (with appendices). and bulk density of soil pans: Soil Sci. Soc. Amer. Proc. The best source for information on use of the universal 34(2): 306-309. soil loss equation. Growth rates and yield of cotton decreased with increas- Wischmeier, W. H., 1974, New developments in estimating ing bulk density and strength in loamy sand. water erosion, in Land Use, Persuasion or Regulation?: Nielsen, K. F., and Humphries, E. C., 1966, Effects of root Proc. of the 29th Annu. Meet. Soil Conserv. Soc. Amer., temperature on plant growth: Soils and Fertilizers 29(l): Syracuse, New York, pp. 179-186. 1-7. A source paper for information on the universal soil loss A review of the literature prior to 1966 on the effect of equation. soil temperatures on root development and growth. Wischmeier, W. H., 1976, Use and misuse of the universal Phillips, R. E., and Kirkham, D., 1962, Mechanical imped- soil loss equation: J. Soil and Water Conserv. 31(l): 5-9. ance and corn seedling root growth: Soil Sci. Soc. Amer. Contains recommendations for use of the universal soil Proc. 26: 319-322. loss equation based on the equation's derivation assump- The rate of corn seedling root elongation decreased as tions. bulk density and surface strength of a clay increased. Woolridge, D. D., 1964, Effects of parent material and Corn seedling penetration was inversely related to vegetation on properties related to soil erosion in central strength in sand. Washington: Soil Sci. Soc. Amer. Proc. 28: 430-432. Taylor, H. M., 1974, Root behavior as affected by soil Over 40% of the variation in soil erodibility was related structure and strength, in Carson, E. W., (ed.), The to soil organic matter content, pH, porosity, and bulk plant root and its environment: Charlottesville, Univ. density. Press of Virginia, pp. 271-291. Taylor, H. M., and Gardner, H. R., 1963, Penetration of cotton seedling taproots as influenced by bulk density, Related Studies-effect of moisture content, and strength of soil: Soil Sci. 96: 153- 156. soil properties on plant growth Decreased cotton taproot penetration was negatively correlated to strength in a sandy loam. Soil strength, not Arndt, W., 1965, The nature of mechanical impedance to bulk density, was the critical limitation to plant growth. seedlings by surface seals: Aust. J. Soil Res. 3: 45-54. Taylor, H. M., and Burnett, E., 1964, Influence of soil 75 strength on the root-growth habits of plants: Soil Sci. 98: Duck, T., 1978, The effects of off-road vehicles on vegetation 174-180. in Dove Springs Canyon, in Berry, K. H., (ed.), The Soil strength primarily controls the growth of roots physical, biological, and social impacts of off-road vehi- through sandy loam. No apparent differences were ob- cles on the California desert: So. Calif. Acad. Scis. Spec. served between the ability of different species to pene- Publ., in press. trate high-strength soils. ORV.use caused decreases in vegetative density, cover, Veihmeyer, F. J., and Hendrickson, A. H., 1948, Soil density and diversity in Dove Springs Canyon in the western and root penetration: Soil Sci. 65: 487-493. Mojave Desert. The main cause of damage was direct Sunflower roots failed to penetrate sandy soils with a destruction of shrubs by vehicles, and recovery of vege- density of 1.9 gm/cm-3, and clay soils with densities of tation will be slow because of soil losses. 1. 6 to 1. 7 gm/cm - 3. Foresman, C. L., Ryerson, D. K., Walejko, R. N., Paulson, Vorhees, W. B., Amemiya, M., Allmaras, R. R., and Larson, W. H., and Pendleton, J. W., 1976, Effect of snowmobile W. E., 1971, Some effects of aggregate structure hetero- traffic on bluegrass (Poa pratensis): J. Environ. Quality geneity on root growth: Soil Sci. Soc. Amer. Proc. 35: 5(2): 129-130. 638-643. Controlled snowmobile traffic did not change soil bulk Vorhees, W. B., Farrell, D. A., and Larson, W. E., 1975, density or bluegrass biomass in Wisconsin. Snowmobiles Soil strength and aeration effects on root elongation: Soil caused a slow spring recovery and growth of bluegrass, Sci. Soc. Amer. Proc. 39: 948-953. but biomasses were the same in tracked and untracked Root elongation decreased with increasing soil strength areas by early summer. in sandy loam and clay soils. Fribourg, H. A., Overton, H. A., and Mullines, J. A., 1975, Wittsell, L. E., and Hobbs, J. A., 1965, Soil compaction Wheel traffic on regrowth and production of summer effects on field plant growth: Agron. J. 57: 534-537. annual grasses: Agron. J. 67: 423-426. Wheat yields decreased in a silt loam of 1.6 gm/cm-3 The effect of tractor and trailer passes on growth of density, although the effects were not significant after annual grasses (agricultural) was studied in a Tennessee two years recovery. Surface and subsurface compaction silt loam. Dry matter regrowth of the two grasses studied variably affects growth of field crops. decreases sometimes 15 to 20%, often 30%, and occa- Zimmerman, R. P., and Kardos, L. T., 1961, Effect of bulk sionally 50%. The greatest reduction was attributed to density on root growth: Soi. Sci. 91: 280-288. the first wheel passage. The weight of roots penetrating a section of soil corre- Gibson, J., 1973, An initial study of the impact of desert lated negatively with bulk density in a number of motorcycle racing in the Mojave Desert: Fullerton, different soils. Bulk densities of 1.8, 1.9, and 2.0 gm/ Calif., Calif. State Univ., Res. Paper, Dept. of Biology. cm' exc iluded root penetration in silty clay, sandy clay Henry, M. A., 1978, A look at the effects of off-road vehicle loam, and sandy loam, respectively. use on Eureka Dune grass (Swallenia alexandrae). in Berry, K. H., (ed.), The physical, biological, and social impacts of off-road vehicles on the California desert: So. Calif. Acad. Scis. Spec. Publ., in press. THE EFFECTS OF The effects of ORVs on Eureka Dune grass (an endan- gered species) was studied in the northern Mojave OFF-ROAD VEHICLES Desert. ORV use caused a 25% decrease in grass hummocks between 1974 and 1976. ON VEGETATION Hjeljord, A. 0., 1971, Studier av revegetasjonsforlop i gamle traktorspor pa Svalbard (Studies in revegetation in vehi- cle tracks in Svalbard): Norsk Polar. Ar., pp. 31-42, Brodhead, J. M., and Godfrey, P. J., 1977, Off-road vehicle (with English abstract). impact in Cape Cod National Seashore: disruption and Vegetation changes and erosion were studied in old recovery of dune vegetation: Int. J. Biometeor. 21(3): vehicle tracks in Sweden. Revegetation appeared to be 299-306. slow in dry soils; some 50-year-old tracks were still The results show that summer use of dunes at Cape Cod without significant plant growth because of delayed National Seashore in Massachusetts can completely de- thawing and increased moisture in the tracks. Rcvegetam stroy above-ground vegetation, but leave enough of the tion occurred quickly in wet soils provided significant underground root systems for regrowth in late fall after erosion had not occurred. use has stopped. Deflation rates may be high in the Keefe, J., and Berry, K., 1973, Effects of off-road vehicles defoliated areas, especially in trails aligned with prevail- on desert shrubs at Dove Springs Canyon, in Berry. K. ing winds. H., (ed.), Preliminary studies on the effects of off-road Davidson, E., and Fox, M., 1974, Effects of off-road motor- vehicles on the northwestern Mojave Desert: a collection cycle activity on Mojave Desert vegetation and soil: of papers: Ridgecrest, Calif., privately publ. pp. 45-57. Madrofio 22(8): 381-412. Results showed that ORV use caused significant de- Results showed a decrease in herbaceous plant cover and creases in shrub densities and diversity in Dove Springs an increase in soil bulk density at two sites in the Canyon in the western Mojave Desert. At the time of Fremont Valley of the Mojave Desert. the article (1973), the authors estimated 543 acres of the 76 5000 acre Dove Springs Canyon open area had been Creosote bush and big-basin sage are generally excluded denuded. from fine-textured and poorly-drained soils because of Walejko, R. N., Pendleton, J. W., Paulson, W. H., Rand, R. high soil oxygen requirements for growth. F., Tenpas, G. H., and Schlough, D. A., 1973, Effect of McIntosh, R. P., 1967, An index of diversity and the relation snowmobile traffic on alfalfa: J. Soil and Water Conserv. of certain concepts to diversity: Ecology 48(3): 392-404. 28(6): 272-273. Muller, C. H., 1940, Plant succession in the Larrea-Flour- Alfalfa damage from snowmobile traffic depended upon ensia climax: Ecology 21(2): 206-212. the snow depth and condition in Wisconsin. Soil bulk This paper concludes that succession does not occur in densities were unchanged in tracked areas, indicating that the Sonoran Desert in western Texas, although the damage to alfalfa was not a result of compaction. author compared communities on different soil types and Westoff, V., 1967, The ecological impact of pedestrian, slopes. equestrian, and vehicular traffic on vegetation: Proc. Int. Shreve, F., and Hinckley, A. L., 1937, Thirty years of change Union for Conserv. of Nature and Natural Resources 10: in desert vegetation: Ecology 18(4): 463-478. 218-223. After 30 years of protection from grazing and other The effects of vehicles on vegetation can be both benefi- disturbance, the plant population increased 42% to 851% cial and harmful to vegetation. Roadside compaction of in a desert shrub community near Tucson, Arizona. The soil creates an environmental ecotone which promotes total number of large perennials remained the same, the growth of rare or unusual species; however, traffic while the increases occurred in newly established shrubs and extensive human trampling directly harm plants and and perennial grasses. The floral diversity was un- compact soil. The degree of damage an ecosystem can changed, and no trend other than population increases sustain depends on the relative stability of vegetation and was noted. soils. Sternberg, L., 1976, Growth forms of Larrea tridentata: Madrofio 23(8): 408-417. Related Studies Gives estimated ages of between 1000 and 5500 years for creosote bush clumps and rings in Lucerne and Johnson Cottam, G., and Curtis, J. T., 1956, The use of distance Valleys in the southern Mojave Desert. measurements in phytosociological sampling: Ecology Vasek, F. C., Johnson, H. B., and Eslinger, D. H., 1975, 37(3): 451-460. Effect of pipeline construction on creosote bush scrub Recommends use of the point-quarter method for peren- vegetation of the Mojave Desert: Madrofio 23: 1-13. nial vegetation sampling. This study provides information on revegetation of areas Cress, D. H., and Link, L. E., Jr., 1976, The use of remote totally disrupted by pipeline construction in the Mojave sensing devices for acquiring data for environmental Desert. The pioneer species seemed to be short-lived management purposes: U.S. Army Engineers Waterways perennials which normally occupy lightly-disturbed envi- Experiment Station, Tech. Rept. M-74-8, No. 2, 48 p. ronments (washes) and the dominant long-lived perenni- Graves, W. L., Kay, B. L., and Williams, W. A., 1978, als of the creosote-bush-scrub community. One creosote Revegetation of disturbed sites in the Mojave Desert bush was radiocarbon dated at 585 years old. Vegetation with native shrubs: Calif. Agri. 32(3): 4-5. recovery time from extreme disturbance probably is on Results indicate that artificial revegetation is feasible in the order of centuries. low-rainfall sites. Vasek, F. C., Johnson, H. B., and Brum, G. D., 1975, Johnson, H. B., Vasek, F. C., and Yonkers, T., 1975, Effects of power transmission lines on vegetation of the Productivity, diversity, and stability relationships in Mo- Mojave Desert: Madroho 23(3): 114-130. jave Desert roadside vegetation: Bull. Torrey Bot. Club Power line construction and operation were found to 102(3): 106-115. slightly increase vegetative cover under the wire, enhance Roads enhance the productivity and diversity of roadside vegetation along the road edge, and variably affect vegetation in the Mojave Desert because roads concen- vegetation under pylons in the Mojave Desert. Variabil- trate runoff and create an artificial pool of available ity in vegetation under pylons indicates a low predictabil- water. Most of the increased production was attributed ity of the time required for vegetative recovery because to creosote bush. The roadside enhancement was com- vegetation had not completely recovered after 33 years. pared to similar enhancement near washes. Wallace, A., Bamberg, S. A., and Cha, J. W., 1974, Kay, B. L., Ross, C. M., Brown, C. L., and Graves, W. L., Quantitative studies of roots of perennial plants in the 1977, Mojave revegetation notes No. 1-21: Davis, Calif., Mojave Desert: Ecology 55(5): 1160-1162. Univ. Calif., publ. in Agron. and Range Sci. Wells, P. V., 1961, Succession in desert vegetation on streets This set of papers describe the potentials of 21 species of of a Nevada ghost town: Science 134: 670-671. desert shrubs for revegetation purposes in the Mojave A study of a ghost town in the northern Mojave Desert Desert. An excellent source for information on revegeta- showed that vegetation occupying sites disturbed 33 years tion and general information on the individual shrub previously is generally composed of shrubs which nor- species. mally occupy naturally disturbed sites (washes). Lunt, 0. R., Letey, J., and Clark, S. B., 1973, Oxygen Went, F. W., 1942, The dependence of certain annual plants requirements for root growth in three species of desert on shrubs in southern California deserts: Bull. Torr ey shrubs: Ecology 54(6): 1356-1362. Bot. Club 69(2): 100-114. 77 Some desert annuals depend on shrubs for growth, and The effect of ORVs on vertebrate population composi- the size of individual annuals increases with the frequency tions and diversity was measured in Stoddard, Anderson, of occurrence with a shrub species. Contains good and Johnson Valleys of the Mojave Desert. ORV use information on annual distribution within the desert floral causes a significant decrease in reptile and rodent species, community. individuals, and biomass. The number of individuals Went, F. W., 1948, Ecology of desert plants. 1. Observations decreased 45% and 80% and the biomass decreased 7717o on germination in the Joshua Tree National Monument, and 83% in heavily used and pit areas, respectively. California: Ecology 29(3): 242-253. Breeding-bird censuses showed a decrease in diversity, Gives descriptions of germination of annual and peren- density, and biomass estimates in ORV areas. The results nial vegetation in the Joshua Tree area in the southern indicate that ORVs disrupt wildlife populations over Mojave Desert. large areas, and the impact of ORVs on wildlife must be Went, F. W., 1949, Ecology of desert plants. II. The effect of taken into consideration in formulating management rain and temperature on germination and growth: Ecol- plans for ORV-use areas. ogy 30(l): 1-13. Busack, S. D., and Bury, R. B., 1974, Some effects of off- Examination of desert soil samples showed that many road vehicles and sheep grazing on lizard populations in more viable seeds were present than germinated in a the Mojave Desert: Biol. Conserv. 6(3): 179-183. given growing season. Several annuals were shown to be Some effects of off-road vehicles on lizard populations temperature and/or rainfall dependent for germination, were studied in Dove Springs Canyon in the western and that dependency can govern the amount of growth in Mojave Desert. The number and biomass of lizards a given year, the species composition of the annual decreased in areas of moderate and heavy use, although vegetation'during the year, and the elevational distribu- the data is limited. The authors attribute the reduction to tion of annuals. loss of cover, reduction in food sources, disturbance of Yang, T. W@, and Lowe,. C. H., Jr., 1956, Correlation of' social structure, and casualties. major vegetation climaxes with soil characteristics in the Byrne, S., 1973, The effect of off-road vehicle use in the Sonoran Desert: Science 123(3196): 542. Mojave Desert on small mammal populations, in Berry, Different soils characterize and associate with the major K. H., (ed.), Preliminary studies on the effects of off- vegetation types in the same macroclimate of the Sonoran road vehicles on the northwestern Mojave Desert: a Desert. collection of papers: Ridgecrest, Calif., privately publ. pp. 64-77. Fremont Valley and Dove Springs Canyon of the western Mojave Desert were studied for rodent population densi- ties and diversity. The results indicated that ORV-dis- THE EFFECTS OF turbed areas supported lower rodent densities and diversity than similar, undisturbed areas: OFF-ROAD VEHICLES Hicks, D., Sanders,.A., and Cooperider, A., 1976, Impacts of Barstow-Las Vegas motorcycle race on wildlife habi- ON WILDLIFE tat: Riverside, Calif., Bureau of Land Management unpubl. rept., 46 p. A marked decline in rodent populations occurred in the Adams, E. S., 1975, Effects of lead and hydrocarbons from starting area of the 1974 Barstow-Las Vegas race in the snowmobile exhaust on brook trout (Salvelinus fontina- Mojave Desert. One year after the race, the estimated lus): Trans. Amer. Fisheries Soc. 164(2): 363-373. densities of rodents in undisturbed areas were approxi- Fingerling brook trout showed an uptake of lead and mately eight times greater than the densities in impacted hydrocarbons from snowmobile* exhaust in a Maine lake. areas. Results indicate a reduction in productivity and Hydrocarbons and lead entered the lake from contami- habitat quality in ORV-impacted areas of the desert. nated snow melts. Stamina decreased in fingerlings ex- Hoover, B., 1973, Off-road vehicle problems on Federal posed to the polluted water. lands: Proc. Annu. Meet., Assoc. Midwest Fish Game Berry, K., 1973, The effects of off-road vehicles on fauna at Comm. 40: 37-49. Dove Springs Canyon, in Berry, K. H., (ed.), Prelimi- Contains information on ORV harassment of wildlife in nary studies on the effects of off-road vehicles on the western states. Elk in a re-established herd on BLM northwestern Mojave Desert: a collection of papers: lands in Wyoming were driven out of the test area by an Ridgecrest, Calif., privately publ. pp. 78-95. ORV rally. Elk populations decreased 50% in national A descriptive paper on the ecology of Dove Springs forest lands on Pinon Mesa in Colorado. Elk in southern Canyon in the western Mojave Desert with comments on Utah fled from noise created by snowmobiles without the disruption caused 'by ORVs. seeing the vehicles. BLM closed a grazing area in Bury, R.B., Luckenbach, R. A., and Busack, S. D., 1977, northern California to ORVs because of adverse effects Effects of'off-road vehicles on vertebrates in the Califor- on cattle and wildlife. nia desert: Washington, D.C., U.S. Fish and Wildlife Jorgensen, P., 1974, Vehicle use at a desert bighorn watering Service, Wildl. Res. Rept. 8, 23 p. area: 18th Annu. Bighorn Coun. Trans., pp. 18-24. 78 Bighorn sheep use of a watering site in the Anza-Borrego sensitive species in trampled areas, and the amount of Desert decreased 50% when ORVs were used in the bare area increased. Tree trunks were damaged, and two area. species of trees were smaller in the recreation sites. Luckenbach, R. A., 1978, An analysis of off-road vehicle use Burden, R. F., and Randerson, P. F., 1972,, Quantitative on desert avifaunas: Paper presented at 43rd N. Amer. studies of the effects of human trampling on vegetation Wildl. Conf., Phoenix, Ariz., 19 p. as an aid to the management of serni-natuial areas: J. Moderate ORV use caused a 50% reduction in the Appl. Ecology 9: 439-458. number of species of breeding birds in the Mojave Two methods of relating trampling intensity to environ- Desert. The number of breeding pairs and average mental change are proposed and illustrated with field biomass decreased 24% and 22%, respectively. A 90% study results. Reviews the literature and calls for more reduction in the number of breeding species occurred in quantitative studies of trampling effects. an impacted wash in the Colorado-Sonoran Desert. Chappell, H. G., Ainsworth, J. F., Cameron, F. A. D., and ORVs indirectly affect birds by removal of food sources, Redfern, M., 1971, The effect of trampling on a chalk destruction of nesting sites and perches, and harassment. grassland ecosystem: J. Appl. Ecology 8: 869-882. In addition, ORV users have vandalized gallinaceous Trampling decreased the occurrence of several species of guzzlers, thus removing water sources for birds. plants and causes a selection process against species less Luckenbach, R. A., and Bury, R. B., 1978, Off-road vehicle resistant to mechanical damage. Analysis of soils indi- impact on desert vertebrates: a review, in Berry, K. H., cated no change in the chemical regime but showed (ed.), The physical, biological, and social impacts of off- significant compaction of soils. The density of soil fauna road vehicles on the California desert: So. Calif. Acad. decreased in trampled areas. Scis., Spec. Publ., in press. Dale, D., and Weaver, T., 1974, Trampling effects on A review of the effects of ORVs on wildlife populations. vegetation of trail corridors of northern Rocky Mountain ORVs can affect ' vertebrates directly by killing and forests: J. Appl. Ecology 11: 767-772. harassing local populations or indirectly by destruction of Trail systems were studied in Montana, and the results habitat and removal of food sources. indicate that only a narrow (1-2 in) band of vegetation is affected and some selection of vegetation occurs in trailsides. Trail widths increase slowly with increasing Related Studies traffic and horse trails are deeper than hiking trails. Dotzenko, A. D., Papmichos, N. T., and Romine, D. S., Beatley, J. C., 1969, Dependence of desert rodents on winter 1967, Effect of 'recreational use on soil and moisture annuals and precipitation: Ecology 50(4): 721-724. conditions in Rocky Mountain National Park: J. Soil and Rodent reproduction was correlated with the amount of Water Conserv. 22(5): 196-197. winter annuals; rodents did not reproduce when annuals Bulk densities increased and moisture and organic mate- failed to grow. rial decreased in soils of campgrounds in Rocky Moun- Reichman, 0. J., 1942, Relation of desert rodent diets to tain National Park. Trampling affects soils with high available resources: J. Mammal. 56(4): 731-751. organic matter contents less than coarse-textured soils Seeds are the pfirriary food of all rodent species in the with low organic matter contents. Sonoran Desert. The availability of resources generally Duffey, E., 1975, The effects of human trampling on the determines the pattern of seed utilization. fauna of grassland litter: Biol. Conserv. 7(4): 255-274. Treading reduced volume and proportion of air space in grassland litter. Invertebrate fauna numbers and species declined substantially, although variable effects occurred at the species level. Changes in invertebrate fauna occur EFFECTS OF at levels of trampling lower than those required for damage to plants. TRAMPLING ON Legg, M. H., and Schneider, G., 1977, Soil deterioration on campsites: Northern forest types: Soil Sci. Soc. Amer. J. THE ENVIRONMENT 41: 437-441. Bulk densities increased and litter cover decreased at campsites in northern Michigan. Although some recovery Brown, J. H., Jr., Kalisz, S. P., and Wright, W. R., 1977, was noted, the effects of trampling increased from season Effects of recreation use on forested sites: Environ. to season. Manage. 1(5): 425-431. Liddle, M. J., and Moore, K. G., 1974, The microclimate of Bulk density and surface strength of soils increased in sand dune tracks: the relative contribution of vegetation picnic and camping areas in Vermont. Infiltration rates removal and soil compression: J. Appl. Ecology 11(3): were greatly reduced in recreation areas. Surface soil 1057-1068. recharged and lost moisture at greater rates in the Compaction from vehicles and trampling increased soil undisturbed areas. Compaction occurred to a depth of bulk density and thermal capacity in sand dunes in 12.7 cm. Stress-resistant plant species replaced more Wales. Vegetation removal increased diurnal soil temper- 79 ature fluctuations, but compaction reduced fluctuations. EFFECTS OF NOISE ON The combination of compaction and vegetation removal increased diurnal soil and air temperature fluctuations in THE ENVIRONMENT trampled and vehicle-use areas. Liddle, M. J., 1975, A selective review of the ecological effects of human trampling on natural ecosystems: Biol. Conserv. 7(l): 17-36. Bondello, M. C., 1976, The effects of high intensity motorcy- Reviews the literature and calls for more detailed studies cle sounds on the acoustical sensitivity of the desert of trampling. A good source of information on the effects iguana, Dipsosaurus dorsalis: Fullerton, Calif., State of trampling on natural ecosystems. Univ., unpubl. M.A. thesis, 38 p. Liddle, M. J., 1975, A theoretical relationship between the Results show that the acoustical sensitivity of desert primary productivity of vegetation and its ability to iguanas is lost after less than one hour of exposure to tolerate trampling: Biol. Conserv. 8(4): 251-255. motorcycle sounds. Sensitivity loss occurred in less than The vulnerability of vegetation to trampling is inversely one hour and full recovery time exceeds seven days. related to its primary productivity. Trampling tolerances Permanent sensitivity losses occurred after both one and of different habitats may be predicted quantitatively in ten hours of exposure time. the future for use in recreation planning. Gibson, J., and Blend, H., 1974, Desert racing motorcycles Liddle, M. J., and Grieg-Smith, P., 1975, A survey of tracks exceed the hour-noise exposure limit recommended by and paths in a sand dune ecosystem: 1. Soils: J. Appl. O.S.H.A.: Fullerton, Calif., Calif. State Univ.. unpubl. Ecology 12(3): 893-908. paper, Dept. Physics, 8 p. Compaction of sand dunes was studied in Wales. In- Sound produced by 135 motorcycles range from 84 dB to creases in soil bulk density and penetration resistance 128 dB, most of which exceed the 90 dB standard were correlated with the number of vehicle passes and recommended by the American Motorcycle Association. human treads. Car passes increased the bulk density 30% Ambient sound levels in a Johnson Valley pit area in the and the penetration resistance by 100% more than an Mojave Desert were 124 dBA for 10 hours, 108 dBA for equal number of human treads. The volume-percent 6 hours, and 124 dBA until the start of the race. The moisture increased in trails, possibly providing a water start of the 1973 Barstow-Las Vegas race in the Mojave source for invading plants. Desert produced a noise level in excess of 140 dBA. The Liddle, M. J., and Grieg-Smith, P., 1975, A survey of tracks Occupational Safety and Health Administration and paths in a sand dune ecosystem: 11. Yegetation: J. (O.S.H.A.) recommends maximum exposure times of 7.5 Appl. Ecology 12(3): 909-930. minutes for a noise level of 120 dBA and 47 seconds for Soil bulk density an 'd moisture strongly affected the levels in excess of 140 dBA. composition of vegetation in tracked sand dunes in Gibson, J., Blend, H., and Brattstrom, B., 1975. Sound levels Wales. Biomass and the number of species of vegetation transmitted into burrows of desert mammals: Fullerton. decreased in trampled areas, although diversity was not Calif., Calif. State Univ.. unpubl. paper, Depts. Physics always affected. The authors suggest that soil can be and Biology, 6 p. lightly compacted to influence the floral composition of Mammals trapped after the 1973 Barstow-Las Vegas recreation areas. motorcycle race in the Mojave Desert showed bleeding Packer, P. E., 1953, Effects of trampling disturbance on from ear and nasal passages, aggressiveness. and dis- watershed condition, runoff, and erosion: J. Forestry orientation. The average noise level from a 100 cc 51(l): 28-31. motorcycle was 106 dB, while noise levels in open and The effects of controlled trampling were studied in closed burrows near the motorcycle were 97 dB and 78 granitic soils of Idaho. Trampling decreased ground cover dB, respectively. The authors conclude that desert ro- and increased overland flow and soil erosion. The results dents cannot easily escape motorcycle-gene rated noise. emphasize the importance of maintaining litter cover to Rennison, D. C., and Wallace, A. K., 1976. The extent of retard runoff and erosion. acoustic influence of off-road vehicles in wilderness areas: Power, W. E., 1974, Effects and observations of soil compac- Paper presented at Natl. Sym. for Off-road Vehicles in tion in the Salem District (Oregon): Technical Note, Australia, Australian Nati. Univ.. 19 p. Bureau of Land Management, 12 p. A theoretical model was derived for the variation of Bulk densities increased in logged areas of Oregon. Trees noise from ORVs with distance from the source. The growing in compacted soil were stunted. The major effect results of the model and field tests show that I motorcv- of compaction occurs during the first 10 to 30 years of cle can be heard for a distance of 2 km and 10 tree growth. motorcycles can be heard for a distance of 4 km in open Willard, B. E., and Marr, J. W., 1970, Effects of human country. The authors suggest locating ORV facilities in activities on alpine tundra ecosystems in Rocky Mountain areas of high ambient noise levels (eg. near freewavs) to National Park, Colorado: Biol. Conserv. 2(4): 257-265. reduce the acoustical effects of ORVs on human"s and Tundra ecosystems respond differentially to trampling wildlife. effects. Areas with high soil-moisture contents are easily Woodleif, C. B., Royster. L. H.. and Huang. B. K.. 1969. damaged, while turf-covered ground is most durable. A Effects of random noise on plant growth: J. Acoust. Soc. descriptive paper only. Amer. 46(8): 481-482. 80 The growth rate of tobacco plants decreased 41% when Smith, G. S., 1978, Eureka Sand Dune: a case study of subjected to a high level of random noise. frustrated scientists, in Berry, K. H., (ed.), The physical, biological, and social impacts of off-road vehicles on the California desert: So. Calif. Acad. Scis. Spec. Publ., in press. OFF-ROAD VEHICLE Stebbins, R. C., Papenfuss, T. J., and Amamoto, F. D., 1977, The California Desert: multiple uses and conflicting MANAGEMENT demands: Bull. of Inst. of Gov. Studies, Public Affairs Rept. 18(6): 7 p. Contains information on current research in the Califor- Badaracco, R. J., 1976. ORVs: Often rough on visitors: Parks nia desert and conflicts between research of natural areas and Recreation 4(9): 32-35, 68-75. and current land use policies. The first journal article on the effects of ORV use on Wilshire, H. G., 1978, Orphaning desert lands: Cry Calif. other recreationists, this study indicates that ORV users 13(l): 5-7. disturb and eventually displace other, non-ORV recrea- Calls for advance planning of ORV areas to include tionists from recreation areas. reclamation similar to that required in strip-mining areas. Badaracco, R. J., 1978, Conflicts between off-road vehicle enthusiasts and other outdoor rccreationists-the ISD syndrome, in Berry, K. H.. (ed.), The physical. biologi- cal, and social impacts of off-road vehicles on the California Desert: So. Calif. Acad. Scis. Spec. Publ., in press. POPULAR ARTICLES Bennett, S., 1973, A trail rider's guide to the environment: ON OFF-ROAD Westerville, Ohio, The Amer. Motorcycle Assoc., 60 p. A layperson's guide to the effects of ORVs on the VEHICLE USE environment, written for users in a very readable style. Briggs, P., and Tellier, A. H., 1977, The desert alternative: Cycle Guide, January 1977, pp. 70-72, 77. American Association for the Advancement of Science, 1974, A popularized version of Wilshire and Nakata's 1976 Off-road vehicle use: Science 184: 500-501. article on the Barstow-Las Vegas motorcycle race with Anon, 1962, NPA opposes .motor scooter use in National warnings to users about the possible consequences of Forests: Nail. Parks Magazine 36: 16. abusing the desert. Anon, 1970, Mechanized monsters: Time 96: 41. Carter, J., 1977, Excutive order 11989: Off-road vehicles on Anon, 1977, California's deserts increasingly damaged by off- public lands: Federal Register 42(101), 2 p. road vehicles: Conserv. News 42(15): 15. Orders land managers to close public lands to ORV use Broadbent, S., 1974, Scavengers on wheels: Sierra Club Bull. if the use causes or will cause " . . . considerable adverse 59(4): 9-11. effects on the soil, vegetation, wildlife, wildlife habitat. Carter, L. J., 1974, Off-road vehicles: a compromise plan for the California desert: Science 183: 396-399. Godfrey, P. J., 1976, Management guidelines for parks on Fialka, J., 1975, Running wild: Nati. Wild. 13(2): 36-41. barrier beaches: Boston, Mass., Nail. Park Service, pp. Grant, R. A., Jr., 1973, The fight for the California desert: 5-10. conserve or destroy: Cry Calif. 8(l): 4-12. Contains suggestions for management of ORVs in coastal Hope, J., 1972, The invasion of the awful machines: Audubon beach and dune areas. 74: 36-43. Jaquish, 0. W., and Loser, J. R., 1973, Motorcycle farm: Dunn, D. R., 1970, Motorized recreation vehicles . . . on Soil Conserv. 38(12): 262-263. borrowed time: Parks and Rec. 5(7): 10-14, 46-52. Describes a motorcycle park in Pennsylvania that was Medders, S., 1973, Crisis in a ravaged land: the California built with soil conservation principles in mind. desert: Nail. Parks and Conserv. 47(12): 14-19. Nixon, R. M., 1972, Executive order 11644: Use of off-road Murchie, D. R., 1973, What trackless desert: Sierra Club vehicles on public lands: Federal Register 37(27). Bull. 58(3): 25-28. Calls for regulation of ORVs on public lands to protect Nowinson, D., 1972, Our diminishing desert: Ecology Today resources, promote safety, and minimize conflicts among 2(3): 32-33. the various users. Stebbins, R. C., and Cohen, N. W., 1976, Off-road menace: Rasor, R., 1976, Fair share: Amer. Motorcycle Assoc. News, a survey of damage in California: Sierra Club Bull. 61(7): August 1976, pp. 16-17. 33-37. Describes the state of Washington's trail-building and A descriptive article on ORV effects, of interest because maintenance program for ORVs, mainly trail bikers. of a location map of some ORV areas in California. Rosenberg, G. A., 1976, Regulation of off-road vehicles: Watkins; T. H., 1969, Infernal machines on public lands: Cry Environ. Affairs 5(l): 175-206. Calif. 4: 6-19. Contains a review of Federal laws applying to ORV use Wood, H. W., Jr., 1974, Death Valley: desert wilderness in on public lands. danger: Natt. Parks and Conserv. 48(l): 4-9. 81 OFF-ROAD VEHICLE Duck, T. A., 1976, The effects of off-road vehicles on desert flora: in Abstracts, So. Calif. Acad. Scis., Annu. Meet., BIBLIOGRAPHIES Santa Barbara, Calif., p. 44. Gowdin, W. H., 1977, Off-road vehicle use and erosion at Hollister Hills Park: in Abstracts, So. Calif. Acad. Scis., Albrecht, J., and Smith, D., 1977, Environmental effects of Annu. Meet., Pomona, Calif., p. 5. off-road vehicles: a selected bibliography of publications Hadley, R. F., and Snyder, C. T., 1975, Environmental in the University of Minnesota Forestry Library: Univ. impacts of off-road vehicles in and areas: Geol. Soc. Minn., St. Paul Campus Libraries, Forestry Library, Amer. Abs. Prog., v. 7, p. 1095. Biblio. Ser. No. 2: 9 p. Henry, M. A. H., 1976, A living fossil-Swallenia alexandrae: Bury, F. L., 1976, Off-road recreation vehicles: research in Abstracts, So. Calif. Acad. Scis., Annu. Meet., Santa results, administrative reports, and technical articles, Barbara, Calif., p. 45-46. 1970-1975: Coun. of Planning Librarians, Exchange Bib- Leatherman, S. P., and Anders, F. J., 1978, The geomorphic lio. 1067: 23 p. effects of off-road vehicles on beaches and dunes: Geol. Bury, F. L., Wendling, R. C., and McCool, S. F., 1976, Off- Soc. Amer., Abs. Progs., v. 10, no. 2, p. 72. road recreation vehicles-a research summary, 1969- Leatherman, S. P., Hamilton, J. A., and Carey, W. L., 1976, 1975: Texas Agri. Exp. Station, Texas A&M Univ. Sys: The effects of off-road vehicles on the geomorphology of 84 p. dunes in the Cape Cod National Seashore: in Abstracts, Lime, D. W., and Leatherberry, E. C., 1974, Off-road First Conf. on Sci. Res. in the Natl. Parks, p. 215. recreation vehicle (ORRV) bibliography: St. Paul, Mispagel, M. E., Zembal, R., 1976, Effect of military Minn., North Central Forest Exp. Station: 17 p. maneuvers on Mojave Desert vegetation: in Abstracts, Lodico, N. J., 1973, Environmental effects of off-road vehi- So. Calif. Acad. Scis., Annu. Meet., Santa Barbara, cles: U.S. Dept. Interior, Office of Library Services, Calif., p. 44. Biblio. Series No. 29: 109 p. Ragland, H. C., 1977, The effects of off-road vehicles on soil temperature and nutrients:in Abstracts, So. Calif. Acad. Scis. Annu. Meet., Pomona, Calif., p. 7. Smith, G. S., 1976, Eureka sand dune: A case study of ABSTRACTS frustrated scientists: in Abstracts, So. Calif. Acad. Scis. Annu. Meet., Santa Barbara, Calif., p. 46. Turner, F. B., Vollmer, A. T., Maza, B. G., and Medica, P. Blodgett, B. G., and Smith, D., 1976, The effects of off-road A., 1976, Effects of off-road vehicles on a creosote-bush recreational vehicles on shorebird populations: Abstracts, community in Southern Nevada: in Abstracts, So. Calif. First Conf. on Sci. Res. in the Natl. Parks, p. 214. Acad. Scis. Annu. Meet., Santa Barbara, Calif.. p'. 45. Bondello, M. C., 1977, The effect of high-intensity motorcy- Webb, R. H., 1976, The effect of off-road vehicles on desert cle sounds on the acoustical sensitivity of the desert soil: in Abstracts, So. Calif. Acad. Scis. Annu. Meet., iguana, Dipsosaurus dorsalis: in Abstracts, So. Calif. Santa Barbara, Calif., p. 43. Acad. Scis. Annu. Meet., Pomona, Calif., p. 5. Webb, R. H., 1977, Physical property changes with off-road Brodhead, J. M. B., and DiMaio, J., 1976, Off-road vehicle vehicle soil modification: in Abstracts, So. Calif, Acad. impact on a salt marsh in Cape Cod National Seashore, Scis. Annu. Meet., Pomona, Calif., p. 6. Massachusetts: in Abstracts, First Conf. on Sci. Res. in Wheeler, N. R., 1976, Effects of the predator Polinices the Natl. Parks, p. 211. duplicatus (Gastropoda) and off-road vehicles on the Brodhead, J. M. B., DiMaio, J., Zaremba, R., and Elmer, Mya arenaria (Pelecypoda) population in Hatchs Harbor, D., 1976, Effect of off-road vehicle traffic on beach and Cape Cod National Seashore, Massachusetts: in Ab- dune vegetation: in Abstracts, First Conf. on Sci Res. in stracts, First Conf. on Sci. Res. in the Nati. Parks, p. the Nati. Parks, p. 212. 213. Bury, R. B., 1976, The effects of off-road vehicles on Wilshire, H. G., Nakata, J. K., and Fitzgerald, C. S., 1976, vertebrates in the western Mojave Desert: in Abstracts, Physical effects of off-road vehicle use of the land: in So. Calif. Acad. Scis. Annu. Meet., Santa Barbara, Abstracts, So. Calif. Acad. Scis. Annu. Meet., Santa Calif., p. 47. Barbara, Calif., pp. 46-47. Coates, D. R., 1978, Geomorphology, vehicles, and legal Wilshire, H. G., and Nakata, J. K., 1976, Erosional conse- affairs, Fire Island, New York: Geol. Soc. Amer., Abs. quences of off-road vehicle recreation in California: Progs., v. 10, no. 2, p. 37. Geol. Soc. Amer., Abs. Prog., v. 8, no. 6. p. 1171-1172. 82 APPENDIX 3 Estimated Motorized Recreational Fuel Consumption Snowmobiles: 53 gallons per year per vehicle 2.2 million snowmobiles Fuel consumption = 116.6 million gallons Motorcycles: 30 gallons per year per vehicle (1,500 miles per year divided by 50 miles per gallon) 5.4 million ORV cycles Fuel consumption = 162 million gallons Dune Buggies: 33 gallons per year per vehicle (500 miles per year divided by 15 miles per gallon) 250,000 dune buggies Fuel consumption = 8.25 million gallons Four-Wheel Drive Vehicles: 500 gallons per year per vehicle (5,000 miles per year divided by 10 miles per gallon) 1.5 million 4x4s used off-road (very rough estimate) Fuel consumption = 750 million gallons Subtotal 1,036.85 + other ORVs 13.15 Total 1,040 million gallons 83 APPENDIX 4 Department of the Interior Office of the Secretary News Release For Release May 26, 1977 INTERIOR SECRETARY SAYS OFF-ROAD VEHICLE USE WILL CONTINUE Secretary of the Interior Cecil D. Andrus said today that The Interior Department, he said, will continue to protect the new Executive Order governing off-road vehicles on the resources of the lands it manages, using its authority at Federal lands will be applied to fragile areas which are times and places where it becomes clearly necessary. actually threatened with serious damage. Some 80,000 concerned citizens have written to the White "As we have said several times now, it does not amount to House and the Interior Department this spring expressing anything resembling a general ban against the use of off- concern that the new Executive Order would result in a road vehicles on Federal lands," he said, "and we have no general ban against off-road vehicle use on Federal lands. intention of exceeding the scope of its limited intent." The Secretary urged off-road vehicle user organizations He said much would depend on the voluntary actions of to spread the word about the actual language and intent of off-road vehicle users, who, he said, could prevent many the order. He also expressed hope that user groups and the problems by respect for land and its resources. industries producing off-road vehicles would take part in The Executive Order authorizes the heads of Federal public discussions leading to planning the uses of Federal land managing agencies to close off "particular areas or lands, educate their members about the issues, develop and trails" where use of off-road vehicles "will cause or is enforce good codes of conduct, and cooperate with Federal causing considerable adverse effects on the soil, vegetation, land managers on the ground. wildlife, wildlife habitat or cultural or.historic resources." Andrus also noted the Executive Order's reference to "These are everyone's lands, and their public values must survive to be used and en oyed by future generations," he "the type of off-road vehicle causing such effects," which clearly indicates that types of vehicles doing no harm will said. not be affected. Andrus added that he will continue to oppose the idea of "Further, there is no new broad grant of authority to the Department adopting a system of individual vehicle close off large blocks of land," the Secretary said. "The permits for off-road use on public domain lands. Group agency head can close off 'portions' of the lands his agency permits will be required for special events as in the past, he manages, and we interpret that to mean limited areas." said. U.S. GOVERNMENT PRINTING OFFICE: 1979 0-283-769 84 3 6668 00002 9571