C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER H—RECREATION PROGRAMS Group 8100—Cultural Resource Management [Reserved] Group 8200—Natural History Resource Management › PART 8340—OFF-ROAD VEHICLES › Subpart 8342—Designation of Areas and Trails

43 C.F.R. § 8342.2

Designation procedures

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(a) Public participation. The designation and redesignation of trails is accomplished through the resource management planning process described in part 1600 of this title. Current and potential impacts of specific vehicle types on all resources and uses in the planning area shall be considered in the process of preparing resource management plans, plan revisions, or plan amendments. Prior to making designations or redesignations, the authorized officer shall consult with interested user groups, Federal, State, county and local agencies, local landowners, and other parties in a manner that provides an opportunity for the public to express itself and have its views given consideration.

(b) Designation. The approval of a resource management plan, plan revision, or plan amendment constitutes formal designation of off-road vehicle use areas. Public notice of designation or redesignation shall be provided through the publication of the notice required by § 1610.5-1(b) of this title. Copies of such notice shall be available to the public in local Bureau offices.

(c) Identification of designated areas and trails. The authorized officer shall, after designation, take action by marking and other appropriate measures to identify designated areas and trails so that the public will be aware of locations and limitations applicable thereto. The authorized officer shall make appropriate informational material, including maps, available for public review.

(d) E-bikes. (1) Authorized officers may allow, as part of a land-use planning or implementation-level decision, e-bikes, or certain classes of e-bikes, whose motorized features are not being used exclusively to propel the e-bike for an extended period of time on roads and trails upon which mechanized, non-motorized use is allowed; and

(2) If the authorized officer allows e-bikes in accordance with this paragraph (d), an e-bike user shall be afforded all the rights and privileges, and be subject to all of the duties, of a user of a non-motorized bicycle.

[53 FR 31003, Aug. 17, 1988, as amended at 85 FR 69223, Nov. 2, 2020]
Notes of Decisions
Cited in 8 cases, 1982–2013 · leading case: Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 625 F.3d 1092 (9th Cir. 2010).
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Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 625 F.3d 1092 (9th Cir. 2010). · cites it 2× “” 43 C.F.R. § 8342.2 (b). The EIS for the Southeast Oregon Plan therefore considers options for ORV management.”
Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 531 F.3d 1114 (9th Cir. 2008). · cites it 2× “” 43 C.F.R. § 8342.2 (b). The EIS for the Southeast Oregon Plan therefore considers options for ORY management.”
Utah Shared Access All. v. Carpenter, 463 F.3d 1125 (10th Cir. 2006). “43 C.F.R. § 8342.2 (a). Short of promulgating or amending an RMP, the resource management planning process does not speak to the manner in which an ORV designation may be changed.”
Wilderness Soc'y v. Kane Cnty., Utah, 560 F. Supp. 2d 1147 (D. Utah 2008). “43 C.F.R. § 8342.2 (b) (emphasis added). And any change to the designation (i.”
Kane Cnty. v. United States, 934 F. Supp. 2d 1344 (D. Utah 2013). “Public notice of designation or redesignation shall be provided through the publication of the notice in the federal register [per] 43 C.F.R. § 8342.2 (b).... And any change to the designation (i.”
Humboldt Cnty. v. United States, 684 F.2d 1276 (9th Cir. 1982). · cites it 2× “4 (a) (1977) (now codified at 43 C.F.R. § 8342.2 (a) (1981)), the National Environmental Policy Act, 42 U.”
Gardner v. United States Bureau of Land Mgmt., 633 F. Supp. 2d 1212 (D. Or. 2009). “43 C.F.R. § 8342.2 (a). The designations must be made to minimize conflicts among the different users of the lands.”
Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt. (9th Cir. 2008). · cites it 2× “” 43 C.F.R. § 8342.2 (b). The EIS for the Southeast Oregon Plan therefore considers options for ORV management.”
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