[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR656.5]

[Page 447-448]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 656--INSTALLATIONS, USE OF OFF-ROAD VEHICLES ON ARMY LAND--Table of Contents
 
Sec. 656.5  Policies.

    (a) As a trustee of public lands, the Army has a responsibility 
under Pub. L. 91-190 and Pub. L. 88-29 to protect and enhance 
environmental quality, conserve natural resources, and provide 
opportunities for outdoor recreation. However, it must be recognized 
that land under Army control was acquired solely for national defense 
purposes. Other uses are therefore secondary to mission needs.
    (b) All land and water areas will be closed to off-road recreational 
use by ORV's except those areas and trails which are determined suitable 
and specifically designated for such under the procedures established in 
this regulation.
    (1) In determining suitability of areas and trails for ORV use, each 
type of motorized vehicle, ORV, shall be considered separately, taking 
into account its potential environmental impact, the seasonal nature of 
its use and opportunities for counterseasonal use with other 
recreational users.
    (2) The characteristics of use of one type of motorized recreational 
vehicle, ORV, shall not affect or govern regulations on the use of an 
area or trail by another type of ORV use.
    (c) When ORV use is permitted, the intensity, timing, and 
distribution will be carefully regulated to protect the environmental 
values. In designating suitable sites, equitable treatment should be 
given to all forms of outdoor recreational activity and where possible, 
nonconflicting use shall be encouraged on existing trails. Prior to 
designating such areas or trails for ORV use, the environmental 
consequences must be assessed and environmental statements prepared and 
processed when such assessments indicate that the proposed use will 
create a significant environmental impact or be environmentally 
controversial (Pub. L. 91-190 and AR 200-1). This procedure applies to 
all areas, including areas under consideration which previously have 
been used by ORV's.
    (d) If the installation commander or his designee determines that 
ORV use is causing or will cause considerable adverse effects on the 
soil, vegetation, wildlife, wildlife habitat, or cultural or historic 
resources, he shall immediately prohibit the type of ORV use causing 
such effects, and if necessary, close such designated sites. 
Restrictions on ORV use or closure of designated sites shall remain in 
effect until such adverse effects have been eliminated, including site 
restoration if necessary, and appropriate measures implemented to 
prevent any such recurrence.
    (e) Persons abusing the ORV use privilege shall be barred, with 
their vehicles, from access to the Army installation for ORV use. 
Further action, as appropriate, may be taken under 18 U.S.C. section 
1382. Violations of Federal or State laws applicable to Army 
installations under title 18 U.S.C. (Assimilative Crimes) may be 
referred to a U.S. Magistrate in accordance with AR 27-40 and AR 190-29.

[[Page 448]]

    (f) The limitations imposed by this regulation on off-road travel by 
ORV's do not apply to official use. It is Army policy to minimize 
environmental degradation of sensitive portions of facility sites which 
play a significant ecosystem support role.