June 5, 2014
Mr. Randy Moore
Pacific Southwest Regional Forester
USDA Forest Service
1323 Club Drive
Vallejo, CA 94592
Dear Mr. Moore:
My constituents in several counties that I represent in Congress have been affected by the closures of the unpaved roads in the Lassen National Forest for mixed or shared use. While my understanding is that the U.S. Forest Service has not issued citations for the continued Off Highway Vehicle use of these roads, these constituents do not want to be treated as criminals should they be stopped by law enforcement.
I understand your ruling states that unpaved ML3 & ML4 roads are considered “Highways” and therefore fall under the jurisdiction of the California Highway Patrol. I have received the following information that would support a change in that ruling:
- In a letter to you dated December 19, 2007, the California Highway Patrol signed off on these roads with the following, “For purposes of this division, the term ‘highway’ does not include fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted.” Nearly all of the unpaved roads in your inventory are classified as for timber or fire.
- These roads have been used for mixed use activity for decades.
- There is no record of a mixed use accident on any of the LNF roads.
- There is nothing in the Forest Service Guidebook, Handbook or Highway Safety Act that precludes this use following a safety evaluation by a qualified Engineer.
Since many of the small communities in and around the Lassen National Forest are suffering in a depressed economy, access to these public lands would provide increased recreational opportunities for the general public as well as enhance the tourism revenue for these communities. It is my understanding that this issue can be easily resolved by a signature of the Forest Supervisor upon the completion of a safety evaluation by a qualified Engineer. Therefore, I strongly recommend the proper procedures are taken expeditiously to approve the mixed and shared use of these roads.
I look forward to your prompt review and revised decision on this matter.
Sincerely,
D
Congressman Doug LaMalfa
California, District 1