[Title 32 CFR 656]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter K - ENVIRONMENTAL QUALITY]
[Part 656 - INSTALLATIONS, USE OF OFF-ROAD VEHICLES ON ARMY LAND]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE42002-07-012002-07-01falseINSTALLATIONS, USE OF OFF-ROAD VEHICLES ON ARMY LAND656PART 656NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)ENVIRONMENTAL QUALITY
PART 656--INSTALLATIONS, USE OF OFF-ROAD VEHICLES ON ARMY LAND--Table of Contents
Sec.
656.1 Purpose.
656.2 Applicability.
656.3 Definitions.
656.4 Objectives.
656.5 Policies.
656.6 Responsibilities.
656.7 Environmental considerations.
656.8 Guidelines and criteria for evaluation and utilization of Army
lands for off-road vehicle use.
Authority: 10 U.S.C. 3012.
Source: 42 FR 56326, Oct. 25, 1977, unless otherwise noted.
Sec. 656.1 Purpose.
The purpose of this regulation is to establish uniform policies,
procedures, and criteria for controlling off-road travel by off-road
vehicles, and to prescribe appropriate operating conditions for use of
such vehicles. This regulation implements DOD Directive 6050.2, August
21, 1974, amended August 10, 1977.
Sec. 656.2 Applicability.
(a) This regulation applies to all installations and activities in
the United States under management and control of the Department of the
Army by administrative jurisdiction in accordance with a public lands
withdrawal, lease, or similar instrument, under the following conditions
of use:
(1) Installations and activities in active use by the Army, those
held in an inactive or standby condition for future active use by the
Army, and those in an excess category (see AR 405-90, for further
guidance with respect to excess properties).
(2) Federally operated installations and activities, or portions
thereof, which are in full-time or intermittent use by the National
Guard, or which are being held by the Department of the Army for use by
the National Guard.
(3) Installations and activities, or portions thereof, which are in
full-time or intermittent use by the Army Reserve or ROTC.
(b) This regulation does not apply to:
(1) Civil Works functions of the Corps of Engineers.
(2) Facilities occupied by Army activities as tenants when real
property accountability and control is vested in another military
department or government agency, such as the General Services
Administration.
Sec. 656.3 Definitions.
For the purpose of this regulation, the following definitions will
apply:
(a) Off-road vehicles (ORV). Any motorized vehicle designed
primarily for, or capable of cross-country travel on or immediately over
land, water, sand, snow, ice, marsh, swampland, or other
[[Page 447]]
natural terrain, except that such term excludes
(1) Any registered motorboat,
(2) Any military, fire, ambulance, or law enforcement vehicle when
used for emergency purposes, and any combat or combat support vehicle
when used for national defense purposes, and
(3) Any vehicle whose use is authorized by the Secretary of Defense,
or his properly designated representative, for official use under a
permit, lease, license, or contract.
(b) Official use. Use by an employee, agency, or designated
representative of the Department of Defense or one of its contractors in
the course of his employment, or agency representation.
Sec. 656.4 Objectives.
The objectives of this regulation are to insure that:
(a) The national security requirements related to Army lands are not
impaired.
(b) The natural resources and environmental values are protected.
(c) Safety and accident prevention is given a paramount
consideration.
(d) Conflicts of land use within and adjacent to the facility are
minimized by advance planning and by cooperation with local governments
wherever necessary.
(e) Year-round outdoor recreational opportunities are maximized.
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.
Sec. 656.6 Responsibilities.
Commanders of Army installations and activities in the United States
will:
(a) Develop policy and procedures prescribing operating conditions
for ORV's which are designed to protect resource values, preserve public
health, safety and welfare, and minimize use conflicts. These procedures
will include as a minimum:
(1) Registration--ORV's used both on and off the traffic way will be
registered in accordance with AR 190-5 and AR 190-5-1. ORV's operated
solely off the traffic way may be registered at the discretion of the
installation commander.
(2) Fees--Installation commanders are authorized to impose
appropriate fees and charges for ORV activities in accordance with AR
28-1, as an element of the Outdoor Recreation Program. Such fees and
charges are accounted for as income to nonappropriated funds in
accordance with AR 230-65.
(b) Ensure that lands where off-road vehicle use will be permitted
are designated in the natural resources management plan and where
appropriate include as a part of the installation's master plan (AR 210-
20 and AR 420-74).
(c) Provide opportunities for users to participate in the selection
and designation of suitable sites and distribute information which
identifies authorized sites and describes the conditions of use.
Organized recreational activities involving off-road vehicles are within
the scope of the Outdoor Recreation Program of Army Recreation Services
and should be so established.
(d) Post appropriate signs at authorized areas and trails.
(e) Provide for the administration, enforcement, and policing of
trails and areas to ensure that conditions of use are met on a
continuing basis.
(f) Establish appropriate procedures to monitor the effects of the
use of ORV's and provide for maintenance of the ORV areas of trails.
This monitoring will be the basis for changes to installation policy to
ensure adequate control of ORV use, amendment of area and trail
designations, or conditions of use which are necessary to protect the
environment, insure the public safety, and minimize conflict among
users.
(g) Negotiate cooperative agreements, when appropriate, with State
or local governments for the enforcement of laws and regulations
relating to ORV use.
(h) Coordinate ORV use, projects, activities, designated ORV areas,
and all related matters, with the installation environmental committee
and environmental office.
Sec. 656.7 Environmental considerations.
The environmental and related impacts of ORV use will be assessed in
accordance with AR 200-1. Coordination with adjacent private and public
landowners and managers will be included in the assessment process.
Sec. 656.8 Guidelines and criteria for evaluation and utilization of Army lands for off-road vehicle use.
(a) Designation. (1) Army lands may be designated for one or more
types of ORV use in response to a demonstrated need providing there is
sufficient suitable area available.
(2) Lands which may not be designated for one or more types of ORV
use are:
(i) Areas restricted for security or safety purposes, such as
explosive ordnance impact areas.
(ii) Areas containing geological and soil conditions, flora or fauna
or other natural characteristics of fragile or unique nature which would
be subject to excessive or irreversible damage by use of ORV's
(iii) Areas where the use by a type or types of ORV would cause
unequivocal and irreversible damage or destruction as a result of such
use; provided, however, that types of ORV not causing such damage or
destruction may be permitted to use such areas.
(iv) Areas which are key fish and wildlife habitat as identified
under environmental considerations Sec. 656.8(c) (5) of this part.
[[Page 449]]
(v) Areas which contain archeological, historical, petroglyphic,
pictographic, or paleontological values; or which constitute de facto
wilderness or scenic areas; or in which noise would adversely affect
other uses and wildlife resources.
(vi) Areas in or adjacent to outdoor recreation areas where noise or
vehicle emissions would be an irritant to users of the outdoor
recreation area.
(vii) Noise sensitive areas such as housing, schools, churches or
areas where noise or vehicular emissions would be an irritant to
inhabitants.
(viii) Areas or trails set aside for horses and their recreational
use.
(3) Site designation. Before designating such sites, the
capabilities of the ecological factors should first be ascertained in
order to determine carrying capacities.
(i) Area designation. Area designation offers a greater freedom of
movement and is probably preferred by users over trail designation.
However, area designation may result in greater environmental damage and
cause conflicts with other uses. Therefore, great care must be exercised
in designating suitable sites for area use.
(ii) Trail designation. Restrictions to designated trails probably
constitute a compromise for most ORV users. However, this method is more
compatible with the objective of this regulation. Therefore, when it is
practicable to designate existing or proposed trails for use of ORV's
without environmental despoilment, preference should be given to
designating these sites. Trails currently used for hiking, bicycling, or
horseback riding will not be designated for concurrent ORV use.
(iii) Use classification.
(A) Areas and trails should be classified as:
(1) Generally open to public with access controlled within
manageable quotas, or
(2) Closed to the public.
(B) Where use of ORV's by installation personnel is permitted,
exclusions of the public may not be justifiable except under the most
compelling conditions.
(b) Zone of use areas and trails shall be located to minimize:
(1) Damage to soil, watershed, vegetation, or other resources of the
public lands.
(2) Harassment of wildlife or significant disruption of wildlife
habitat.
(3) Conflicts between ORV use and other existing or proposed
recreational uses on the same or neighboring lands.
(4) Damage to overhead or underground utility distribution lines.
(c) Environmental Consideration (AR 200-1). Prior to designating
areas or trails for use by a type or types of ORV's, consideration will
be given to the possible traumatic effects on the environment by each
type of ORV. Such considerations should not be limited to the proposed
sites to be designated for ORV use. Some factors to consider are the
effects of:
(1) Dust from the use of ORV's and emissions from internal
combustion engines or air quality.
(2) Siltation in streams or other bodies of water which may result
from soil erosion created by ORV's.
(3) Soil erodability and soil compaction.
(4) Impact on native and desirable species of plants with special
consideration given to those species listed as threatened or endangered.
(5) Impact or wildlife, their breeding and drumming grounds, winter
feeding and yarding area, migration routes, and nesting areas. Also, the
effects of such use on the spawning, migration, and feeding habits of
fish and other aquatic organisms, with particular attention given to the
effects on fish and wildlife species classified as threatened or
endangered.
(6) Excessive noise on humans and wildlife.
(7) Potential despoilment of aesthetic values or visual
characteristics of the sites.
(d) Operating criteria. (1) Off-road vehicles shall not be operated:
(i) In a reckless, careless or negligent manner;
(ii) In excess of established speed limits;
(iii) While the operator is under the influence of alcohol, harmful
drugs, or narcotics. As a condition for the privilege of operating off-
road vehicles on Army lands, owners and operators of such consent to
submit to a test of
[[Page 450]]
their blood, breath, or urine for the purpose of determining the
alcoholic content of their blood if cited or lawfully apprehended for
any offense allegedly committed while driving or in actual physical
control of an off-road vehicle on the installation while under the
influence of intoxicating liquor. Failure to submit to or complete such
test will result in revocation of the use permit for a period of 6
months (see AR 190-5).
(iv) In a manner likely to cause excessive damage or disturbance of
the land, wildlife, or vegetative resources.
(v) From sunset to sunrise without lighted headlights and
taillights.
(2) All off-road vehicles must conform to applicable State laws,
including those with respect to pollutant emissions, noise and
registration requirements.
(3) No persons may operate an ORV on Army lands without a valid
operator's license or learner's permit where required by State or
Federal law. Unless contrary to State or Federal law, persons under the
age required for licensing may operate an ORV on Army lands providing
they are at least 10 years of age and are under the direct supervision
of an individual 18 years of age or older who has a valid operator's
license when required by State or Federal law, and who is responsible
for the acts of that person.
(4) No ORV's may operate on Army land unless equipped with brakes in
good working condition.
(5) Every ORV shall at all times be equipped with a muffler in good
working order which cannot be removed or otherwise altered while the
vehicle is being operated on Army lands. To prevent excessive or unusual
noise, no person shall use a muffler cutout, bypass, or similar device
upon a motor vehicle. A vehicle that produces unusual or excessive noise
or visible pollutants is prohibited.
(6) The carrying of firearms or other hunting instruments on any ORV
will be in accordance with applicable State or Federal laws and
regulations.
(7) All ORV operators and passengers will be encouraged to wear
safety helmets with face shields affixed.
(8) ORV's when operating off established road and parking areas not
covered by ice, snow or water shall be equipped with a properly
installed spark arrester that meets standard 5100-1a of the U.S. Forest
Service, Department of Agriculture. This standard includes the
requirements that such spark arrester shall have an efficiency to retain
or destroy at least 80 percent of carbon particles, for all flow rates,
and that such spark arrester has been warranted by its manufacturer as
meeting these efficiency requirements for at least 1,000 hours, subject
to normal use, with maintenance and mounting in accordance with the
manufacturer's recommendations.
[42 FR 56326, Oct. 25, 1977, as amended at 43 FR 1792, Jan. 12, 1978]
PARTS 657-667 [RESERVED]