Legal & Formal Policy Updates

In reference to our action alert that called for the rescinding of the Western Solar Plan, this petition was formally submitted on August 1, 2025. We petition for further legal and regulatory measures to ensure the permanence of reforms that have shifted away from subsidized, utility-scale solar and wind energy on public lands. Specifically, we urge the repeal or reclassification of the “Western Solar Plan” designations for multiple-use purposes, as well as the revisiting and repealing of other latent administrative programs, to prevent future administrations from unilaterally resurrecting efforts that prioritize solar development at the expense of public land access and other uses.

Conclusion:

In sum, the One Big Beautiful Bill Act and the accompanying executive order represent a decisive shift away from subsidized, utility-scale solar and wind energy on public lands. For the first time since the early 2000s, the federal government is moving to treat renewable energy as a market participant, not a taxpayer-dependent priority. Yet unless the Western Solar Plan and other latent administrative programs are revisited and repealed, future administrations could simply resurrect these efforts, redirecting federal land use policy in the absence of congressional action.

 

To ensure the permanence of these reforms, further legal and regulatory measures must be pursued. We urge the public, policymakers, and stakeholders to remain engaged as implementation unfolds and to advocate for durable policy solutions that uphold the principles of energy neutrality and responsible land use.

We formally petitioned the United States Department of the Interior to reinstate Secretarial Order No. 3376, which governs the use of electric bicycles (e-bikes) on federal public lands.

Secretarial Order No. 3376 was an order issued by the United States Department of the Interior in 2019 that permitted the use of electric bicycles (e-bikes) on federal public lands wherever traditional, non-motorized bicycles were authorized. It applied to lands managed by the National Park Service, Bureau of Land Management, Fish and Wildlife Service, and Bureau of Reclamation, providing regulatory uniformity and clarity. It was rescinded in 2021, during the administration of President Biden, after being promulgated in 2019 under President Trump’s first administration. Its rescission led to e-bike management reverting to disparate agency guidelines, causing confusion, inequity, and diminished recreational opportunities.

Petition Conclusion:

For the foregoing reasons, petitioners respectfully request that the Department of the Interior:

 

Initiate formal rulemaking procedures for the reinstatement of the 2019 order concerning e-bike use on federal public lands, or, alternatively, promulgate a new Secretarial Order containing substantively equivalent provisions;

 

Afford the public an opportunity to comment on the proposed rulemaking to ensure the resulting policy is reflective of current needs and values;

 

Formally requested that the United States Forest Service (“USFS”) temporarily pause the development of the Kootenai OSV Travel Management Plan, which threatens to close access to public routes. This request is based on the recent rescission of the 2001 Roadless Rule by the United States Department of Agriculture on June 23, 2025. This change fundamentally alters the legal framework for nearly 59 million acres of national forest lands, affecting decisions related to road construction, timber harvesting, habitat protection, and recreational access. Continuing with current or pending management plans without new guidance risks legal vulnerability and inconsistency with federal policy, and clear direction is needed to ensure future actions align with the updated regulatory environment.

Formally requested that the United States Forest Service (“USFS”) temporarily pause the development of the Lincoln National Forest Revised Management Plan, which threatens to close access to public routes. This request is based on the recent rescission of the 2001 Roadless Rule by the United States Department of Agriculture on June 23, 2025. This change fundamentally alters the legal framework for nearly 59 million acres of national forest lands, affecting decisions related to road construction, timber harvesting, habitat protection, and recreational access. Continuing with current or pending management plans without new guidance risks legal vulnerability and inconsistency with federal policy, and clear direction is needed to ensure future actions align with the updated regulatory environment.

Formally requested that the United States Forest Service (“USFS”) temporarily pause the development of the Lolo National Forest Revised Management Plan, which threatens to close access to public routes. This request is based on the recent rescission of the 2001 Roadless Rule by the United States Department of Agriculture on June 23, 2025. This change fundamentally alters the legal framework for nearly 59 million acres of national forest lands, affecting decisions related to road construction, timber harvesting, habitat protection, and recreational access. Continuing with current or pending management plans without new guidance risks legal vulnerability and inconsistency with federal policy, and clear direction is needed to ensure future actions align with the updated regulatory environment.

The BlueRibbon Coalition formally offers guidance to the U.S. Department of Interior and the Bureau of Land Management. It strongly supports the implementation of the EXPLORE Act and Secretarial Order No. 3435, emphasizing the importance of public lands remaining accessible and inclusive for all user groups.

Specifically, we ask for:

• Full effect to provisions expanding access: We urge the DOI to prioritize and give full effect to the Act’s provisions that expand access for veterans, individuals with disabilities, and underserved communities, and offers practical insight based on their experience.
• Expansion of motorized access opportunities: We are particularly encouraged by the Act’s directive to expand motorized access and offer technical input on route planning, resource compatibility, and policy implementation. 
• Reforms to commercial filming and photography permitting: We strongly support these reforms to facilitate public access and reduce regulatory burdens for individuals and small groups, advocating for clarity that no permit or fee is required for filming involving fewer than six individuals or that is incidental to otherwise authorized activities, regardless of compensation.
• Inclusion in stakeholder engagement processes: We request to be included in stakeholder engagement processes as implementation guidance is developed, offering input on behalf of our members and seeking consistent implementation of new permit exemptions and de minimis authorizations across field offices.

Petition from the BlueRibbon Coalition and Utah Public Lands Alliance to the Secretary of the Interior and the Director of the Bureau of Land Management. It asks for a revision of 43 C.F.R. Part 2930, which governs recreation permit requirements on public lands. Current regulations are being misapplied, creating unjustifiable barriers to access and stewardship for the motorized recreation community, and that this contradicts the intent of the EXPLORE Act.

Specifically:

• Exemption or streamlining of permit requirements for volunteer-based recreational activities and events, especially those involving trail maintenance and traditional use.
• Amendments to clarify limited liability for permit holders and establish an assumption of risk for individuals accessing public lands near permitted events.
• Clarification of event area and scope of responsibility for permit holders.
• An explicit exemption from Special Recreation Permit (SRP) requirements for non-commercial volunteer trail maintenance activities, informal group rides under 50 participants, and stewardship activities in partnership with the BLM.
• Waiver or alternatives to liability insurance for small nonprofit and volunteer organizations engaged in public-benefit events or maintenance.
• Establishment of clear national thresholds for when permits are required (e.g., minimum participants, duration, impact).
• Creation of a simplified permit process for low-impact uses.
• Consistent implementation of revised rules across all BLM field offices.

Petition Conclusion:

Revising 43 C.F.R. Part 2930 is a necessary step toward restoring balance in federal recreation policy. BRC supports responsible recreation and public land stewardship, but the current permitting system has evolved into an unnecessary obstacle for good-faith users who are contributing their time and resources to care for America’s public lands.

This petition, filed by the BlueRibbon Coalition, Inc. and Utah Public Lands Alliance, asks the Department of the Interior and the Bureau of Land Management (BLM) to completely cancel 43 C.F.R. § 8342.1, also known as the “Designation” or “Minimization” Criteria for off-highway vehicle (OHV) route and area designation.

This regulation has become a significant obstacle to public access on federal lands, leading to widespread closures of routes that were historically accessible and resulting in constant legal battles. The regulation, particularly as interpreted by a recent policy memorandum, imposes unrealistic data demands, creates administrative overload, leads to litigation paralysis, and goes against the principle of managing public lands for multiple uses.

Instead of the current regulation, we propose a revised framework that would direct the BLM to designate public lands as open, limited, or closed to off-road vehicles based on protecting recreational values and resources, promoting user safety, and maximizing multiple uses among various recreationists and leaseholders.

Petition Conclusion:

43 C.F.R. § 8342.1 has ceased to serve its intended purpose and is now a legal and administrative liability that erodes public trust and undermines statutory mandates for public land management. The regulation has also become a prolific source of litigation; consuming agency resources and stalling implementation of travel plans through repeated legal challenges. It should be rescinded in its entirety and replaced with a framework that restores balance, respects historical use, and ensures equitable access for all user groups.