This regulation was born out of the 1970s era regulatory wave when public land agencies were handed sweeping authority to manage off-road vehicle (ORV) use in the name of environmental protection. Codified in 43 CFR § 8341.2, this rule allows the Bureau of Land Management (BLM) to close roads and trails or restrict ORV use without going through full public land use planning processes or congressional oversight. The good news- the current administration has made a call for CFR’s that need to be reviewed, amended or rescinded. This should be one with very high priority.
The original justification for the rule was the concern that uncontrolled vehicle use could damage sensitive areas. But over time, the BLM has weaponized this rule, using vague allegations of “resource damage” to implement road closures without adequate public notice, timeframes, input, or transparency. The language of the rule gives land managers the ability to bypass established planning frameworks and unilaterally restrict access, often in response to litigation threats or activist lobbying.
How This Rule Is Being Used to Shut You Out
Today, 43 CFR § 8341.2 is one of the most frequently used tools to restrict motorized access to public lands. It enables agency officials to:
- Close roads without completing full travel management planning or NEPA analysis;
- Evade public comment and participation by calling closures “temporary” (which often last years or decades);
- Appease litigants who oppose motorized use without defending access rights in court.
In effect, it gives unelected federal employees the power to erase historic routes from the landscape, often with no public accountability.
This rule undermines the public’s ability to access lands that are rightfully theirs and penalizes responsible recreationists who rely on these routes to hunt, camp, explore, and enjoy their public lands. It also has severe impacts on rural communities, outfitters, veterans, and people with mobility limitations who depend on motorized access.
Rules Are Not Laws
Let’s be clear: this regulation was never passed by Congress. It wasn’t debated, voted on, or signed into law by any elected official. It was created by a federal agency, through rulemaking authority, and has since taken on the force of law, without ever going through the democratic process.
This is what we call governance by regulation: policies that affect millions of Americans, created in bureaucratic offices, often shaped by activist lawsuits and pressure, not by the people’s representatives.
In a constitutional republic, laws are supposed to be made by Congress. Yet here we are, decades later, still living under a regulation that can close thousands of miles of public roads with the stroke of a pen. If that sounds un-American, it’s because it is.
Rescinding 43 CFR § 8341.2 would not mean reckless use of ORVs or environmental neglect. It would mean restoring balance, transparency, and local engagement in decisions about how we manage public access. It would force agencies to rely on the formal land use planning process, including NEPA analysis, public comment, and congressional direction before restricting access.
BRC is calling for the rescission of 43 CFR § 8341.2. We believe this is a necessary step to restore fairness, protect access, and push back against bureaucratic overreach. Please sign your name to the petition below to support rescinding this rule.
