The Federal Government's Proposal to Allow Off-Roading on Public Lands: A Breakdown

      Jon G. Fuller/VWPics/Universal Images Group through Getty Images

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      At the end of May, the president revoked two executive orders that dictated where and how you could drive in America’s National Parks. Now, reports indicate that the U.S. Forest Service is set to open millions of acres of public land to off-road vehicles (ORVs). Here’s what this means for drivers.

      Is this a victory for 4x4 lovers? A setback for environmentalists? Or is it merely an essential cleanup of outdated and unnecessary regulations? In reality, it encompasses elements of all three, but it will have concrete effects on those who utilize our National Parks.

      Many of these changes have been grouped with the easing of some hunting regulations, but we won’t explore that topic here. This is The Drive, not a hunting publication.

      Quick Overview of Trump’s Off-Road Vehicle Executive Order

      What did Trump's executive order accomplish? This order merely cancels two earlier executive orders from the 1970s: Executive Order 11644 and Executive Order 11989.

      What is Executive Order 11644? This order was enacted in 1972 by then-President Richard Nixon. Acknowledging the rising popularity of ATVs, dirt bikes, and other motorized recreational vehicles, it aimed to establish a "unified Federal policy" for their use on public lands. It provided a framework for defining off-road vehicles (ORVs) and determining where they could operate.

      What is Executive Order 11989? This order was issued later in the same decade by President Jimmy Carter. It granted federal agency heads greater authority to designate areas off-limits to 4x4s “whenever he determines that the use of ORVs will cause or is causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat or cultural or historic resources of particular areas or trails of the public lands.”

      Why were these two orders revoked? The administration claims that the orders are redundant to federal law and create obstacles for both recreational and industrial use of public land.

      What Will Change Immediately?

      Not a great deal. While ORVs will have access to more roads and designated recreational areas on public land, this doesn’t mean a free-for-all. The use of ORVs will still be limited to specific trails and recreational areas; there will simply be a greater number of them. Although this order expands the legal usage of ORVs on public land, it does not alter two fundamental aspects of the current policy framework:

      The definition of “off-road vehicle” (ORV) remains unchanged by this executive order.

      It remains illegal to drive any vehicle off-road on public land.

      There is no overarching federal law that explicitly forbids taking tempting muddy shortcuts. Instead, several separate codes outline the regulations depending on the location. Title 43 Part 420 governs areas managed by the U.S. Bureau of Land Management; title 36 applies to National Parks. Both regulations state that ORVs are limited to officially designated routes; venturing off marked paths or using highway-only vehicles on designated ORV trails can lead to fines and imprisonment.

      What Constitutes an Off-Road Vehicle?

      When most people hear “off-road vehicle,” they often think of ATVs and other specialized powersports equipment, but it can also refer to on-road vehicles equipped for off-roading. The government defines an off-road vehicle in the following way, as summarized by our colleague Wes Siler:

      “The National Highway Traffic Safety Administration […] identifies an ‘off-road vehicle’ as one that has four-wheel drive,” he noted, “or a gross vehicle weight of at least 6,000 pounds. Additionally, the vehicle must possess at least four of the following five features: an approach angle of at least 28 degrees, a breakover angle of at least 14 degrees, a departure angle of at least 20 degrees, and either 7.8 inches of total ground clearance or 7.1 inches of axle clearance.”

      If you are a fan of brands that manufacture off-road vehicles, some of these specifications may sound familiar. This is because automakers have spent decades refining their SUVs and crossovers to meet this definition, which comes with relaxed safety and emissions (read: fuel economy) standards.

      Without These Executive Orders, What Federal Laws Safeguard Public Land?

      The administration explicitly referenced four laws that were deemed redundant to the executive orders it has chosen to rescind:

      - The National Historic Preservation Act (1966)

      - The National Environmental Policy Act (1970)

      - The Endangered Species Act (1973)

      - The Federal Land Policy and Management Act (1976)

      Not mentioned was the Wilderness Act of 1964, which prohibits motor vehicle operation (among other activities) in designated wilderness areas (emphasis added by the author):

      (c) Unless specifically outlined in this Act, and subject