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 15. Executive Order 11644 — Use of Off-Road Vehicles on Public Lands 



37 Fed. Reg. 2877 



Ex. Ord. No. 11644, Feb. 8, 1972. 37 P.R. 2877, provided: 

 An estimated 6 million off-road recreational vehicles — 

 motorcycles, mlnibikes, trail bikes, snowmobiles, dune- 

 buggies, all-teraln vehicles, and others — are In use In the 

 United States today, and their popularity continues to 

 Increase rapidly. The widespread use of such vehicles on 

 the public lands — often for legitimate purposes but also 

 In frequent conflict with wise land and resource manage- 

 ment practices, environmental values, and other types of 

 recreational activity — has demonstrated the need for a 

 unified Federal policy toward the use of such vehicles on 

 the public lands. 



Now, Therefore, by virtue of the authority vested In 

 me as President of the United States by the Constitution 

 of the United States and In furtherance of the purpose 

 and policy of the National Environmental Policy Act of 

 1969 (42 U.S.C. 4321) [this chapter]. It Is hereby ordered 

 as follows: 



Section 1. Purpose. It Is the purpose of this order to 

 establish policies and provide for procedures that will en- 

 sure that the use of off-road vehicles on public lands will 

 be controlled and directed so as to protect the resources of 

 those lands, to promote the safety of all users of those 

 lands, and to minimize conflicts among the various uses 

 of those lands. 



Sec. 2. Definitions. As used In this order, the term: 



(1) "public lands" means (A) all lands under the 

 custody and control of the Secretary of the Interior and 

 the Secretary of Agriculture, except Indian lands, (B) 

 lands under the custody and control of the Tennessee 

 Valley Authority that are situated In western Kentucky 

 and Tennessee and are designated as "Land Between the 

 Lakes," and (C) lands under the custody and control of 

 the Secretary of Defense; 



(2) "respective agency head" means the Secretary of 

 the Interior, the Secretary of Defense, the Secretary of 

 Agriculture, and the Board of Directors of the Tennessee 

 Valley Authority, with respect to public lands under the 

 custody and control of each; 



(3) "off -road vehicle" means any motorized vehicle 

 designed for or capable of cross-country travel on or Im- 

 mediately over land, water, sand, snow. Ice, marsh, swamp- 

 land, or other natural terrain; except that such term ex- 

 cludes (A) any registered motorboat. (B) any military, 

 flre, emergency, or law enforcement vehicle when used 

 for emergency purposes, and (C) any vehicle whose use Is 

 expressly authorized by the respective agency head under 

 a permit. lease, license, or contract; and 



(4) "official use" means use by an employee, agent, or 

 designated representative of the Federal Government or 

 one of Its contractors In the course of his employment, 

 agency, or representation. 



Sec. 3. Zones of Use. (a) Each respective agency head 

 shall develop and Issue regulations and administrative 

 Instructions, within six months of the date of this order, 

 to provide for administrative designation of the speclflc 

 areas and trails on public lands on which the use of off- 

 road vehicles may be permitted, and areas In which the 

 use of off-road vehicles may not be permitted, and set 

 s date by which such designation of all public lands shall 

 be completed. Those regulations shall direct that the de- 

 signation of such areas and trails will be based upon the 

 protection of the resources of the public lands, promotion 

 of the safety of all users of those lands, and minimization 

 of conflicts among the various uses of those lands. The 

 regulations shall further require that the designation of 

 such areas and trails shall be In accordance with the 

 following — 



(1) Areas and trails shall be located to minimize dam- 

 age to soil, watershed, vegetation, or other resources 

 of the public lands. . 



(2) Areas and trails shall be located to minimize harass- 

 ment of wildlife or significant disruption of wildlife 

 habitats. 



(3) Areas and trails shall be located to minimize con- 

 flicts between off-road vehicle use and other existing or 

 proposed recreational uses of the same or neighboring 

 public lands, and to ensure the compatibility of such uses 

 with existing conditions In populated areas, taking Into 

 account noise and other factors. 



(4) Areas and trails shall not be located In officially 

 . designated Wilderness Areas or Primitive Areas. Areas and 



trails shall be located In areas of the National Park sys- 

 tem. Natural Areas, or National Wildlife Refuges and 

 Game Ranges only If the respective agency head deter- 

 mines that off-road vehicle use In such locations will not 

 adversely affect their natural, aesthetic, or scenic values. 



(b) The respective agency head shall ensure adequate 

 opportunity for public participation In the promulgation 

 of such regulations and In the designation of areas and 

 trails under this section. 



(c) The limitations' on off-road vehicle use imposed 

 under this section shall not apply to official use. 



Sec. 4. Operating Conditions. Each respective agency 

 head shall develop and publish, within one year of the 

 date of this order, regulations prescribing operating con- 

 ditions for off-road vehicles on the public lands. These 

 regulations shall be directed at protecting resource values, 

 preserving public health, safety, and welfare, and mini- 

 mizing use conflicts. 



Sec. 5. Public Information. The respective agency head 

 shall ensure that areas and trails where off-road vehicle 

 use is permitted are well marked and shall provide for 

 the publication and distribution of Information. Includ- 

 ing maps, describing such areas and trails and explaining 

 the conditions on vehicle use. He shall seek cooperation of 

 relevant State agencies In the dissemination of 

 this Information. 



Sec. 6. fTn/orcemenf. The respective agency head shall, 

 where authorized by law, prescribe appropriate penalties 

 for violation oi regulations adopted pursuant to this 

 order, and shall establish procedures for the enforcement 

 of those regulations To the extent permitted by law, he 

 may enter Into agreements with State or local govern- 

 mental agencies for cooperative enforcement of laws and 

 regulations relating to off-ro«d vehicle use. __ . 



Sec. 7. Consultation. Before issuing the regulations or 

 administrative Instructions required by this order or des- 

 ignating areas or trails are required by this order and 

 those regulations and administrative Instructions, the 

 Secretary of the Interior shall, as appropriate, consult 

 with the Atomic Energy Commission. 



Sec. 8. Monitoring of Effects and Review, (a) The re- 

 spective agency head shall monitor the effects of the 

 use of off-road vehicles on lands under their Jurisdic- 

 tions. On the basis of the Information gathered, they 

 shall from time to time amend or rescind designation of 

 areas or other actions taken pursuant to this order as 

 necessary to further the policy of this order. 



(b) The Council on Environmental Quality shall main- 

 tain a continuing review of the Implementation of this 

 order. 



RicRARO Nixon 



