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On Friday, May 29, President Trump signed an Executive Order (EO) “Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands” that rescinds EOs 11644, signed by President Richard Nixon in 1972, and 11989, signed by President Jimmy Carter in 1977.
These two orders have allowed agency heads to manage how and where off-road vehicles can travel on public lands. According to the White House Press Release, “the subjective criteria were difficult for agencies to operationalize in practice because they were so vague.” The ramifications of this move are uncertain.
“Our concern isn’t what this EO does today, it’s what it sets in motion,” BHA’s Senior Policy & Government Relations Manager Jack Polentes told MeatEater. “The administration has rescinded the EOs that have guided off-road vehicle management on public lands for more than 50 years and directed federal agencies to revise or rescind the regulations and policies built upon them.”
The purpose of the ‘72 EO 11644 was straightforward: “to establish policies and provide for procedures that will ensure 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.” And EO 11989 simply amended sections within that original order for clarity.
Together, these two EOs laid out guidelines for agency heads to manage off-highway vehicle (OHV) traffic by determining where trails should be located based on areas that limit damage to water, soil, and vegetation and where they will have minimal impact on wildlife. It also takes into account the multi-use nature of public lands and seeks to minimize conflict between motorized and non-motorized recreational opportunities.
It also specifically states that trails cannot be located in Wilderness Areas or Primitive Areas. And it designates that trails located in areas like the National Park system or National Wildlife Refuge are allowed “only if the respective agency head determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values.”
The White House press release claims the rescission of these EOs protecting public land is done in the name of reining in government overreach. “Executive Orders 11644 and 11989 were issued roughly 50 years ago, before modern technologies could be paired with our comprehensive statutory land management framework,” the release states. “The latest mapping technologies, paired with today’s recissions, will allow for off-road vehicle use designations that provide more access, recreational opportunities, and greater benefits to the public.”
Sure, rescinding these two EOs could open up more access for off-road vehicle users on public lands, but it doesn’t provide any guidelines for management. And while digital mapping has come a long way, it isn’t going to show where runoff cuts down a hillside in the spring, how deer migrate in the fall, or the native plants that could be eviscerated by an off-road trail in that area in the summertime.
Additionally, the statement from the White House makes no secret that this move will not only increase recreational opportunities but will also aid in removing barriers to timber and energy production on federal lands.
So what are federal land management agencies supposed to do about off-road traffic on public lands now? According to the Trump Administration, “The Order directs relevant Federal agencies to rescind or revise the regulations that were adopted to implement the now-rescinded Executive Orders.”
The EO cites certain statutory authorities with the ability to establish federal land policy regarding OHVs. These include the National Historic Preservation Act (NHPA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Federal Land Policy and Management Act (FLPMA). “I have determined that those statutory authorities, together with executive department and agency-specific land management authorities, provide the appropriate framework for managing off-road vehicle use on Federal lands,” the EO states.
However, in February ‘25, the Council on Environmental Quality rescinded NEPA regulations. Trump’s January ‘25 EO “Declaring a National Energy Emergency” directs federal agents to bypass section 106 in NHPA, allowing agencies to sidestep the requirement to consider and mitigate impacts on historic, cultural, and tribal sites for potential projects. The Trump administration has tried repeatedly to weaken ESA regulations. And the administration’s rollback of the Public Lands Rule demonstrates its limited interpretation of FLPMA, which has led to the prioritization of resource extraction and motorized recreation over conservation on BLM lands.
“At the same time, the Forest Service is considering rescinding the Roadless Rule and reviewing the Travel Management Rule,” Polentes added. “Hunters and anglers have seen what happens when there isn’t a strong framework for managing OHV use on public lands: fragmented habitat, disrupted wildlife movement, and diminished backcountry hunting and fishing opportunities. Access without safeguards ultimately comes at the expense of the very resources and experiences that make public lands worth accessing in the first place.”
While this EO will not immediately open all public lands for an off-road free-for-all, it relies on the work of statutory authorities actively being whittled away by this administration. So, is this the beginning of side-by-sides ripping up a mountainside during your favorite backcountry elk hunt? Maybe not directly, but this administration appears to be taking a “death by a thousand cuts” approach to public lands policy change.
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6 Comments
Great insights on Hunting. Thanks for sharing!
Interesting update on Trump’s Latest Order Diminishes OHV Regulations on Public Lands. Looking forward to seeing how this develops.
This is very helpful information. Appreciate the detailed analysis.
Solid analysis. Will be watching this space.
I’ve been following this closely. Good to see the latest updates.
Good point. Watching closely.