(a) Notwithstanding the consultation provisions in § 8342.2(a), where the authorized officer determines that off-road vehicles are causing or will cause considerable adverse effects upon soil, vegetation, wildlife, wildlife habitat, cultural resources, historical resources, threatened or endangered species, wilderness suitability, other authorized uses, or other resources, the authorized officer shall immediately close the areas affected to the type(s) of vehicle causing the adverse effect until the adverse effects are eliminated and measures implemented to prevent recurrence. Such closures will not prevent designation in accordance with procedures in subpart 8342 of this part, but these lands shall not be opened to the type(s) of off-road vehicle to which it was closed unless the authorized officer determines that the adverse effects have been eliminated and measures implemented to prevent recurrence.
(b) Each State director is authorized to close portions of the public lands to use by off-road vehicles, except those areas or trails which are suitable and specifically designated as open to such use pursuant to subpart 8342 of this part.
[44 FR 34836, June 15, 1979, as amended at 53 FR 31003, Aug. 17, 1988]
Notes of Decisions
Gardner v. United States Bureau of Land Mgmt., 638 F.3d 1217 (9th Cir. 2011).
· cites it 19× “We hold that the BLM did not, and was not required to, make a finding that the off-road vehicle use of which Gardner complains had caused “considerable adverse effects” on the resources enumerated under 43 C.F.R. § 8341.2 (a) and, accordingly, we cannot compel the BLM to act to…”
Utah Shared Access All. v. Carpenter, 463 F.3d 1125 (10th Cir. 2006).
· cites it 14× “” 43 C.F.R. § 8341.2 (a). Notably, such closures are nondiscretionary: the BLM “shall immediately close the areas affected to the type(s) of vehicle causing the adverse effect until the adverse effects are eliminated and measures implemented to prevent recurrence.”
Nat. Resources Def. v. McCarthy, 993 F.3d 1243 (10th Cir. 2021).
· cites it 12× “, when it re-opens an area that it had temporarily closed to off-highway vehicles (OHVs) pursuant to its authority under 43 C.F.R. § 8341.2 (a). In 2006, the BLM closed a portion of the Factory Butte area in Utah to OHVs due to their adverse effects on the endangered Wright…”
Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt., 746 F. Supp. 2d 1055 (N.D. Cal. 2009).
· cites it 4× “” 43 C.F.R. § 8341.2 (a). The plaintiffs argued that the regulation’s use of “shall” required the agency to close all routes for which “considerable adverse effects” were found.”
Am. Motorcyclist Ass'n v. Watt, 543 F. Supp. 789 (C.D. Cal. 1982).
· cites it 2× “§ 120 (1978), or from 43 C.F.R. § 8341.2 (as distinguished from § 8342.”
Sierra Club v. Clark, 756 F.2d 686 (9th Cir. 1985).
· cites it 3× “11989, and 43 C.F.R. § 8341.2 because of “substantial adverse effects” on the vegetation, soil and wildlife in the Canyon.”
Am. Sand Ass'n v. United States Dep't of the Interior, 268 F. Supp. 2d 1250 (S.D. Cal. 2003).
“Under 43 C.F.R. § 8341.2 (a), the BLM is required to immediately implement closures “where the authorized officer determines that off-road vehicles are causing or will cause considerable adverse effects upon soil, vegetation, wildlife, wildlife habitat, cultural resources,…”
Humboldt Cnty. v. United States, 684 F.2d 1276 (9th Cir. 1982).
“0-5(g) (1977) (now codified at 43 C.F.R. § 8341.2 (a) (1981)). However, there is no indication that the BLM made such a determination here.”
Nat. Resources Def. Council v. McCarthy (D. Utah 2020).
· cites it 5× “6 Subsequently, in September 2006, the BLM invoked its authority under 43 C.F.R. § 8341.2 (a) to temporarily close 142,023 acres of the Factory Butte area to cross-country OHV travel.”
Idaho Rivers United v. United States Forest Serv., 857 F. Supp. 2d 1020 (D. Idaho 2012).
· cites it 3× “There, the plaintiff challenged the BLM’s failure to prohibit the use of off-road vehicles pursuant to the BLM’s authority under 43 C.F.R. § 8341.2 (a). Gardner, 638 F.3d at 1223 .”
— 43 C.F.R. § 8341.2(a) — 1 case
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