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Ensuring public's access to public land

by Sen. Joyce Broadsword
| February 20, 2011 6:00 AM

Public lands belong to all of us and it is important that we all have equal access to them. Equally important is preserving Idaho’s natural beauty and wildlife populations.

This year the Idaho Legislature is considering several bills relating to ATV use on public lands. I believe this legislation deserves serious consideration and would appreciate your thoughts about the proposals below. Any other input on how we can ensure access for all to public lands would also be welcome.

Senate Bill 1001 would require safety education for unlicensed riders before they operate OHVs (off highway vehicles, such as ATVs) on public roads. It’s important to understand the context in which this bill is proposed.

In 2009 unlicensed OHV riders were allowed, under supervision, to use Forest Service roads in connecting from one trail to another. This change in law triggered a National Forest Service requirement to initiate a “mixed used analysis.” The result of such an analysis almost always requires a reduction in access for OHV’s.

In order to preempt such road closures, legislation was brought forth that would require unlicensed riders to be trained under a state approved program. After the failure of the bill, Gov. Butch Otter requested an additional year to pass the legislation. The Forest Service agreed to postpone their decision until after the 2011 legislative session.

Passing Senate Bill 1001 would address many of the Forest Service’s concerns thus reducing the number of roads closed, although there’s no guarantee that it would entirely stop restrictions from being put in place.

The legislation would, at a minimum, increase safety for minors operating OHV’s by requiring education.

Senate Bills 1015 and 1016, also related to OHV’s, address a separate issue related to hunters.

Presently, through administrative rule, Idaho Fish and Game has closed federally-owned trails to motorized vehicles used by hunters. Other users (sport riders, campers, tourists, etc.) can still access these trails by ATV.

Fish and Game argues this rule is needed to preserve elk populations.

Senate Bills 1015 and 1016 would remove Fish and Game’s ability to create special regulations for how hunters travel to and from campsites. This would allow hunters to use OHV’s for transportation as everyone else currently can.

Under the new legislation, hunters would only be allowed to use ATV’s for transportation and would still not be allowed to use ATV’s to hunt.

Again, I would appreciate your feedback on these proposed pieces of legislation and on how you believe we can best manage access to our public lands. I can be reached by e-mail at jbroadsword@senate.idaho.gov or by phone at 1 (800) 626-0471.