E222 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 Today, I honor him and ask all my col- For example, in the summer of 2000 two In addition, the bill would authorize the Sec- leagues to join me in remembering this politi- recreational off-road vehicle users ignored clo- retary of the Interior and the Secretary of Agri- cian and great leader from the great State of sure signs while four-wheel driving on Bureau culture to apply any funds acquired from rec- Florida. of Land Management land high above reational off-road vehicle violations to the area f Silverton, Colorado. As a result, they got stuck that was damaged or affected by such viola- for five days on a 70 percent slope at 12,500 tions, and to increase public awareness of the RESPONSIBLE OFF-ROAD VEHICLE feet along the flanks of Houghton Mountain. need for proper use of vehicles on federal ENFORCEMENT AND RESPONSE At first, they abandoned their vehicles. lands. (‘‘ROVER’’) ACT Then, they returned with other vehicles to pull This would give these agencies additional their vehicles out of the mud and off the resources to recover damaged lands and HON. MARK UDALL mountain. The result was significant damage areas that may be exposed to repeated viola- OF COLORADO to the high alpine tundra, a delicate ecosystem tions. IN THE HOUSE OF REPRESENTATIVES that may take thousands of years to recover. The bill does not put any lands ‘‘off limits’’ Wednesday, February 12, 2003 As noted in a Denver Post story about this in- to recreational off-road vehicle use. In fact, it Mr. UDALL of Colorado. Mr. Speaker, today cident, ‘‘alpine plant life has evolved to with- does not affect any specific lands in any way. I am again introducing a bill to improve the stand freezing temperatures, nearly year- The bill also does not provide for increased ability of the Bureau of Land Management and round frost, drought, high winds and intense fines for other activities that can damage fed- the Forest Service to respond to a serious solar radiation, but it’s helpless against big eral lands. There may or may not be a need problem affecting federal lands in Colorado tires.’’ for legislation along those lines, but in the and other states. Despite the extent of the damage, the viola- meantime I am seeking only to address this Throughout the west, and especially in Col- tors were only fined $600 apiece—hardly ade- one problem. orado, increased growth and development has quate to restore the area, or to deter others. Mr. Speaker, earlier this month I met with resulted in an increase in recreational use of Another example was an event in the moun- Chief Bosworth regarding several matters re- our public lands. These recreational uses tains near Boulder, Colorado, that became lated to management of the National Forests. have, in some cases, stressed the capacity of popularly known as the ‘‘mudfest.’’ During our conversation, he said that he con- the public land agencies to adequately control Two Denver radio personalities announced sidered problems associated with off-road ve- and manage such use. As a result, areas of that they were going to take their off-road four- hicles one of the greatest problems facing the our public lands are being damaged. wheel drive vehicles for a weekend’s outing on Forest Service. One of the uses that cause the greatest im- an area of private property along an existing I agree with the Chief—in fact, I think im- pacts are recreational off-road vehicles. The access road used by recreational off-road ve- proper use of recreational vehicles is a prob- results can include: damage to wildlife habitat; hicle users. Their on-air announcement re- lem of growing seriousness throughout the increased run-off and sediment pollution in riv- sulted in hundreds of people showing up and west. My intention with this bill is to help ad- ers and streams; damage to sensitive high-al- driving their vehicles in a sensitive wetland dress this problem so that all recreational titude tundra, desert soils, and wetlands; cre- area, an area that is prime habitat of the en- users of our public lands can have a reward- ation of ruts and other visual impacts on the dangered boreal toad. As a result, seven ing, safe and enjoyable experience. Every- landscape; loss of quiet and secluded areas of acres of wetland were destroyed and another one’s experience is diminished when a few the public lands; and adverse effects on wild- 18 acres were seriously damaged. Estimates bad actors spoil the resources and the beauty life. of the costs to repair the damage ranged from of our lands. I think this bill can help provide Recreational off-road vehicle use on our $66,000 to hundreds of thousands of dollars. the BLM and the Forest Service with better public lands should be allowed to continue, Most of the ‘‘mudfest’’ damage occurred on tools to respond by allowing appropriate rec- but it must be managed to minimize or avoid private property. However, to get to those reational use of our public lands while also these problems, by appropriate restrictions lands the off-road vehicle users had to cross protecting the resources and values of these and putting some sensitive areas off-limits to a portion of the Arapaho-Roosevelt National lands that belong to all the American people. vehicle use. Forest—but the Forest Service only assessed For the information of our colleagues, I am Most vehicle users are responsible—they a $50 fine to the two radio disc jockeys for not attaching a fact sheet about the bill. stay on designated roads and trails, they are securing a special use permit to cross the RESPONSIBLE OFF-ROAD VEHICLE respectful of the landscape and they endeavor lands. ENFORCEMENT AND RESPONSE (‘‘ROVER’’) ACT to tread lightly. However, there are a number Again, this fine is not commensurate to the BACKGROUND: In Colorado and throughout of such users who do not obey the rules. seriousness of the violation or the damage the west increased population growth has Given the nature of this use (large, powerful that ensured, or stands as much of a deterrent brought increased recreational use of federal motorized vehicles that are able to penetrate for future similar behavior. lands. This has made it harder for land-man- deeper and deeper into previously secluded aging agencies to adequately control and These are but two examples. Regrettably, areas), even a relatively few who violate man- manage such use. there have been many more such examples agement requirements can create serious Recreational and other use of off-road ve- not only in Colorado but also throughout the damage to public land resources. hicles (ORVs) can present serious problems. Yet, in some cases, recreational off-road ve- west. These examples underscore the nature This use should be allowed to continue, but of the problem that this bill would address. If must be managed and controlled to minimize hicle users ignore these closures and man- or avoid adverse effects. That involves clos- agement requirements. Often times, when we are to deter such activity and recover the damaged lands, we need to increase the au- ing-off some sensitive areas and other regu- these activities occur, the federal public land lations. agencies do not have the authority to charge thorities of the federal public land agencies. Improper use of vehicles can result in seri- fines commensurate with the damage that re- My bill would do just that. Specifically, it ous damage to the national forests and the sults. For example, under BLM’s basic law, would amend the Federal Lands Policy and public lands managed by the Bureau of Land the Federal Land Policy and Management Act Management Act and relevant laws governing Management (BLM). This can involve dam- of 1976, fines for violations of regulations—in- the Forest Service to authorize these agencies age to wildlife habitat; increased run-off and to assess greater fines on recreational off-road sediment pollution in rivers and streams; cluding regulations governing ORV uses—are damage to sensitive high-altitude tundra, limited to $1,000. That figure has remained vehicles for violations of management, use and protection requirements. The bill would desert soils, and wetlands; creation of ruts unchanged for a quarter of a century, and and other visual impacts to the landscape; does not reflect the fact that in many cases authorize the Secretary of the Interior and the loss of quiet areas due to the deeper penetra- the damage from violations will cost thousands Secretary of Agriculture to assess up to tion of off-road vehicles into previously se- more to repair. $10,000 in fines, or 12 months in jail, or both, cluded areas of the public lands; and impacts The bill I am introducing today would pro- for violations of road and trail closures and to wildlife from noise and effects on migra- vide for increased fines for such violations—to other management regulations by recreational tion corridors. $10,000 or the costs of restoring damaged off-road vehicles. The bill also would authorize Currently, the Forest Service and BLM do the Secretary of the Interior and the Secretary not always have clear authority to assess lands, whichever would be greater. The bill is fines commensurate with the costs of en- similar to one that I introduced in the 107th of Agriculture, in lieu of a specific dollar fine, forcement and the damage that often results. Congress. to assess fines equal to the costs required to For example, under the law governing BLM The need for this legislation was dem- rehabilitate federal public lands from damage lands, federal officials can only impose up to onstrated by incidents in several state, includ- caused by recreational off-road vehicle viola- $1,000 in fines while the damage that results ing some in Colorado.