By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. My Administration has eliminated a record number of unnecessary regulations to further our Nation's prosperity and reduce regulatory burdens on industries critical to our national and economic security while keeping sufficient environmental protections in place. Executive Order 11644 of February 8, 1972 (Use of Off-Road Vehicles on the Public Lands), and Executive Order 11989 of May 24, 1977 (Off-Road Vehicles on Public Lands), are examples of this excessive regulation. Both were issued about 50 years ago when today's technology was not available to be paired with existing Federal statutes.
The Congress has enacted or amended a comprehensive set of statutory authorities to establish Federal land policy, including the National Historic Preservation Act, Public Law 89‑665, 80 Stat. 915 (1966) (codified as amended at 54 U.S.C. 300101 et seq.), the National Environmental Policy Act, Public Law 91-190, 83 Stat. 852 (1970) (codified as amended at 42 U.S.C. 4321 et seq.), the Endangered Species Act, Public Law 93-205, 87 Stat. 884 (1973) (codified as amended at 16 U.S.C. 1531 et seq.), and the Federal Land Policy and Management Act, Public Law 94-579, 90 Stat. 2743 (1976) (codified as amended at 43 U.S.C. 1701 et seq.). I have determined that those statutory authorities, together with executive department and agency (agency) specific land management authorities, provide the appropriate framework for managing off-road vehicle use on Federal lands without retaining the additional specific designation criteria imposed by Executive Order 11644 and Executive Order 11989. I have further determined that technological, operational, and land-management developments since the issuance of Executive Order 11644 and Executive Order 11989 support replacing those specific criteria with a framework grounded in applicable statutory authorities.
Executive Order 11644 and Executive Order 11989 direct agencies to promulgate regulations providing that, where off-road vehicle use is permitted on Federal lands, roads, and trails, such use designations must be made in accordance with ill-defined criteria purportedly intended to minimize resource impacts and conflicts between different users of Federal land. These criteria, which are not required by statute, are difficult for agencies to operationalize due to vagueness, and include "minimiz[ing] harassment of wildlife or significant disruption of wildlife habitats," minimizing "conflicts between off-road vehicle use and other existing or proposed recreational uses . . . taking into account noise and other factors," and ensuring that off-road vehicle use in given locations will not "adversely affect [the location's] natural, aesthetic, or scenic values." These vague, subjective criteria often result in barriers to energy and timber production and utility maintenance, permit delays, and de facto bans on hiking and other forms of recreation that require accessing remote areas, all while doing little to benefit multiple use of Federal lands.
Access to Federal lands benefits all American citizens. Rescinding Executive Order 11644 and Executive Order 11989 would facilitate the replacement of current regulations with a system for off-road vehicle use designation that provides more access, recreational opportunities, and greater multiple use benefits to the public. It would also restore balanced land management by eliminating ill-defined and arbitrary environmental and social standards, thereby ensuring that all public land users will be granted access on equal terms.
Sec. 2. Rescinding Certain Prior Executive Orders. Executive Order 11644 and Executive Order 11989 are hereby rescinded. The Secretary of War, the Secretary of the Interior, the Secretary of Agriculture, the Board of Directors of the Tennessee Valley Authority, and the head of any other relevant agency shall initiate rulemakings to rescind or revise the regulations previously adopted to implement those Executive Orders.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of the Interior.
