Submit your Comments to Limit the Endangered Species Act by Monday May 19

Call to action for all outdoor recreation enthusiasts! The US Fish & Wildlife Service has proposed removing the use of “harm” within the regulatory framework of the Endangered Species Act (ESA). The ESA has long been a primary, preferred tool among anti-public land access groups to close OHV roads, eliminate recreation, and lock-up our public lands to public access. This deregulatory proposal segues with the overturning of the Chevron Doctrine, which determined that federal agencies no longer get to interpret laws as they wish when the laws are vague.

The crux of this ESA proposal is the definition and interpretation of “take” vs. “harm” by federal agencies, as it relates to how the Endangered Species Act is implemented. The ESA prohibits “take” of a species. This is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect.” The established understanding of “take” when the ESA was created was the capturing, injuring or killing of a wild animal – the ESA prohibited that for endangered species. After the creation of the ESA, however, the U.S. Fish and Wildlife Service (FWS) along with other agencies that became involved in facilitating implementation of the ESA were allowed to create their own interpretations for the individual words in the definition of “take,” like the word “harm.”

Their interpretation extended the word “harm” to include all sorts of things that might harm a species such as allowing 4WD vehicles on certain roads, allowing camping in areas where the species might live, construction activity to build or improve facilities on public lands, using a dozer to maintain a forest road… it became an endless list of actions that could be considered “habitat modification”, and thus “harm”. “Harm” has also been used to limit a long list of outdoor recreation activities like hunting, fishing, rock climbing, and many others as they may be deemed “harmful”, and a violation of the ESA. The interpretation of “harm” has prevented the logging and thinning of our overgrown forests, leaving them prone to catastrophic wildfires.

This proposal seeks to rescind the regulatory definition of “harm” and limit the ESA to the statutory definition of “take”. This is a critical modification that is desperately needed for the ESA to prevent its continued abuse. It will make it incredibly more difficult for politicians and organizations that advocate for closure and restricted access to public lands to weaponize the ESA to achieve their own agenda. As of May 17, over 146,000 comments have been submitted on this proposed rule. It is absolutely critical that we contribute our voices to urge that the definition of “harm” is removed from the ESA!

The public comment period is open until May 19, 2025. 

Please submit a comment to the FWS using UPLA’s letter template below

Thank you for joining in to support urgently needed modification of the Endangered Species Act! Together, we can create change that will balance wildlife conservation with human uses of public lands, and improve public land access now and for future generations!

For more information about the proposed rule change, and to submit a comment, go to the Federal Register, docket no. FWS-HQ-ES-2025-0034-0001.

LETTER WRITING CAMPAIGN: REVISE THE ENDANGERED SPECIES ACT

Proposed rule website: https://www.regulations.gov/document/FWS-HQ-ES-2025-0034-0001

Public comment deadline: May 19, 2025

Submit your comment via this link: https://www.regulations.gov/commenton/FWS-HQ-ES-2025-0034-0001

• UPLA’s Natural Resources Consultant, Rose Winn, is tracking comments for this Plan. Please email Rose a copy of your comment letter: rose@utahpla.com.

Key Talking Points:

 I enjoy recreating on public lands throughout Utah and the US. Public lands management can and should accommodate a balanced approach to species conservation and human uses of public lands. The expansion of the word “take” within the Endangered Species Act to include the term “harm” has created severe imbalance in implementation of ESA regulations that has resulted in widespread closures and restrictions on public access to public lands.

• Rescinding the regulatory definition of “harm” in the Endangered Species Act (ESA) will bring consistency and certainty to ESA consultations. This will ensure that our resources are focused on actions that are more effective at protecting and restoring species, while simultaneously protecting people.
• Approval of this proposed rule will restore common sense in the implementation of the Endangered Species Act (ESA). The recent overturning of the Chevron Doctrine reminds us, and demands, that the congressional intent of a law be implemented – not a federal agency’s expanded and overreaching interpretation. Your approval of this rule would finally correct a longstanding and improper regulatory obstacle that has blocked countless necessary projects for effective public land management.
• Add your own talking points!… you can elaborate on the talking points above by speaking from your own experience. Share how you or your community have been impacted by endangered species regulations.

Sample Letter (Template):

[Date]

US Fish & Wildlife Service

Submitted via proposed rule online portal: https://www.regulations.gov/document/FWS-HQ-ES-2025-0034-0001

RE:       Proposed Rule – Rescinding the Definition of Harm under the Endangered Species Act

Docket ID FWS-HQ-ES-2025-0034

Proposed Rule Review Team,

I am writing to urge you to approve this proposed rule to rescind the definition of harm under the Endangered Species Act (ESA). I recreate on public lands throughout Utah and the United States, especially in [note the names of national forests, BLM-managed lands, national parks, state parks, etc. where you recreate, and/or note that you hope to recreate in the future]. I have definite plans to continue recreating on public lands in Utah and throughout the United States on a regular, recurring basis in the future.

[Note something about you or your family’s history and love for outdoor recreation, your favorite areas in public lands, how your favorite modes of outdoor recreation benefit your physical, mental, and spiritual health, how outdoor recreation allows you to have meaningful connections with your family and friends and build up your sense of community with others.]

[If you have been personally impacted by closure or restrictions to public access on public lands as a result of endangered species issues, note how the experience negatively impacted the areas you recreate in, the community, and local economy. IE: closure of OHV routes, concentration of more outdoor recreationists in other areas due to decreased access resulting from closures, cause for businesses that support outdoor recreation (such as OHV dealers and repair shops, outdoor recreation supply stores, hotels, restaurants, guide services, etc.) to decline or go out of business.]

The ESA has been used for decades as a way to implement restrictive management and closures of our public lands across the US. The original language of the ESA prohibited the “take” of species that are listed as Endangered or Threatened; “take” was defined as capturing, injuring or killing of a wild animal. After the passage of the ESA, unelected bureaucrats expanded the definition of the word “take” to include the term “harm” – which has created severe imbalance in implementation of ESA regulations that has resulted in widespread closures and restrictions on recreational access, economic uses, and effective landscape management of public lands.

[Use the talking points above to cite your concerns here, or add in other points from your own research and perspective.]

In closing, I urge you to:

• Rescind the definition of “harm” under the ESA for the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration
• Isolate the ESA to the statutory definition of “take”. The expanded definition of “harm” does not reflect the intended meaning of the law.
• [add additional points as you see fit]

Thank you for reviewing my concerns and recommendations.

Sincerely,

[Your name]

[Your email]

URGENT CALL YOUR SENATORS TODAY TO VOTE YES ON JOINT RESOLUTION

This morning, I got the following email from Hanna Larsen, Staff Attorney for Southern Utah Wilderness Alliance asking their followers to oppose the Joint Resolution on Glen Canyon

Glen Canyon Joint Resolution Email from SUWA

SUWA is scared, and when SUWA asks for something, we must overwhelmingly respond. Please Take 5 minutes to call your Senators TODAY and ask that they Vote Yes on Joint Resolution 30 to allow OHV use on Glen Canyon and to prevent any similar rule in the future. The Senate is Voting Tomorrow, May 7, so it is urgent you do it now!

Here’s a link to find your Senator’s phone number

While you’re on the phone, ask them also to support the following six bills.

• Outdoor Americans with Disabilities Act (S.4215): Ensures motorized access for those using OHVs as mobility aids
• Western Economic Security Today (WEST) Act (H.R. 3397): Blocks “conservation leasing” that sidelines recreational use
• Ending Presidential Overreach on Public Lands Act (H.R. 5499): Requires Congressional and state input for national monument designations
• Historic Roadways Protection Act (H.R. 7635): Protects RS 2477 roads from federal closure
• Fix Our Forests Act (H.R. 7983): Streamlines forest management to reduce wildfire-related closures
• Green Tape Elimination Act (H.R. 6395): Speeds up trail and facility work by cutting redundant environmental reviews

URGENT ACTION NEEDED TODAY ON HIGHLIGHTED ARTICLES BELOW

Utah’s OHV community has experienced a temporary pause in new travel management planning due to the administrative transitions within the Department of the Interior (BLM) and Department of Agriculture (USFS). However, this pause is only temporary. Travel planning will resume in accordance with the 2017 Settlement Agreement—a process that continues to shape the future of motorized access across our public lands.

This update outlines what lies ahead, what challenges we face, and how every one of us can help protect access for all.

What is the 2017 Settlement Agreement?

The 2017 agreement—between BLM, SUWA, and BlueRibbon Coalition—mandated the reassessment or creation of 11 Travel Management Plans in Utah:

• Completed Plans: Henry Mountains & Fremont Gorge, San Rafael Desert, San Rafael Swell, Labyrinth/Gemini Bridges
• Upcoming or In Progress: Dinosaur North, Book Cliffs, 9 Mile Canyon, Indian Creek, Dolores River, Trail Canyon, Paunsaugunt

To date, over 2,000 miles of motorized routes—many of them offering dispersed camping, scenic access, and historic corridors—have been closed. These closures are being actively contested by groups such as BlueRibbon Coalition, Ride with Respect, Colorado Trail Preservation Alliance, Colorado OHV Coalition, and others. The State of Utah itself is involved in over 70 lawsuits challenging these restrictions, often citing RS 2477 rights-of-way and provisions of the Federal Land Policy and Management Act (FLPMA).

What’s Next?

Although BLM has temporarily marked some planning statuses as “Cancelled,” this is a bureaucratic reset. Work is only paused—pending direction from agency leadership and realignment of priorities. The next plans expected when restart begins will be:

1. Trail Canyon
2. Paunsaugunt
3. Dolores River (which may gain 45 additional miles of designated routes)
4. Dinosaur North

Throughout every NEPA phase, your route documentation—photos, narratives, and GPS logs—will be critical in defending these trails.

Why Are Roads Being Closed?

Travel management closures often stem from:

• Executive Order 11644 (signed in 1972 by President Nixon), which introduced the “minimization criteria” requiring agencies to limit OHV access to reduce environmental impacts. Unfortunately, agencies have adopted overly broad interpretations, often without adequate scientific or user input.
• “Natural reclamation” (a route appears unused due to overgrowth)
• BLM arbitrarily favors some forms of recreation over others.
• “Duplication” (parallel routes being labeled redundant despite offering different terrain, camping, or scenic value)
• Environmental concerns (wildlife habitat expansion or soil/watershed protection—often with minimal data)
• User conflicts, with noise complaints frequently cited but rarely substantiated

Will the Trump Administration Solve These Problems?

BlueRibbon Coalition has identified 26 harmful Executive Orders impacting access—four of which have already been rescinded, including reversals of the Biden Administration’s 30×30 agenda and the BLM Conservation Rule. While we anticipate further support under a Trump-led administration, legal and public pressure must continue from our side.

What Can You Do?

To turn the tide, we need every OHV enthusiast engaged. Here’s how:

1. Start Using TrailSaver to Make Impactful Comments, especially on Kanab Area Trails in Pausaugant and Trail Canyon

Visit www.TrailSaver.com after each ride in Utah to document:

• Obstacles, campsites, viewpoints, historic or geologic features
• Photos and notes that demonstrate the value of these routes

When travel plans reopen, TrailSaver will send your notes and photos back to you—with a guide on how to turn your report into an effective public comment. Need help? Submit your draft to our Comments Coach, Rose, for personalized assistance in making your comment legally substantive.

2. Help Us Change the Law

UPLA will support our work with BlueRibbon Coalition to create permanent protections for our access in Washington DC, which includes mobilizing grassroots support for key legislation, maintaining strong relationships with Congressional Members, and working with a professional lobbyist to expand our reach.

Please urge your lawmakers to support the following SEVEN access-focused bills and Actiions.

• Outdoor Americans with Disabilities Act (S.4215): Ensures motorized access for those using OHVs as mobility aids
• Western Economic Security Today (WEST) Act (H.R. 3397): Blocks “conservation leasing” that sidelines recreational use
• Ending Presidential Overreach on Public Lands Act (H.R. 5499): Requires Congressional and state input for national monument designations
• Historic Roadways Protection Act (H.R. 7635): Protects RS 2477 roads from federal closure
• Fix Our Forests Act (H.R. 7983): Streamlines forest management to reduce wildfire-related closures
• Green Tape Elimination Act (H.R. 6395): Speeds up trail and facility work by cutting redundant environmental reviews
• Joint Resolution to Overturn NPS Rule on Glen Canyon-Call your Senator’s today to urge them to Vote Yes on Joint Resolution 30 to overturn the rule prohibiting OHV access in Glen Canyon. THE SENATE IS VOTING ON THIS TOMORROW, MAY 7, SO PLEASE MAKE YOUR CALLS TODAY.

Make calls to your State Senator and Congressional Representative TODAY! Here’s a link to find your members of Congress.

3. Donate to UPLA Now to Allow us to Double your Donation to BlueRibbon Coalition

Join UPLA as a member and make a donation. Between now and May 31, UPLA will not only match your gift to BRC, but for every donation of at least $50 BlueRibbon will also mail you a free copy of Volume 3 of their Lost Trails Guidebook, which features 22 backcountry routes located within 10 proposed or recently designated National Monuments as a Thank You. 

Final Word

Access to public lands isn’t guaranteed—it’s defended. Your voice, your photos, your outreach, and your dollars make a difference. Let’s ensure the roads we ride today remain open tomorrow.

For the first time ever, six important bills are being considered by Congress that directly support access, reduce restrictive federal overreach, and protect historic roadways critical to OHV use. Below is a summary of each bill and how it benefits our OHV community:

Outdoor Americans with Disabilities Act (S.4215)
This bill ensures public lands remain accessible to Americans with disabilities by requiring that land designated for disabled access also allows motorized access proportional to that area. This means OHVs could be an approved mobility tool, empowering those who rely on motorized travel to enjoy public lands equally.

Western Economic Security Today (WEST) Act (H.R. 3397)
The WEST Act would block the Bureau of Land Management’s proposed “conservation leasing” rule, which threatens to sideline OHV users by prioritizing conservation over access. Passage ensures recreation and OHV access remain a priority on BLM lands rather than locked away for exclusive uses.

Ending Presidential Overreach on Public Lands Act (H.R. 5499)
This act curbs abuse of the Antiquities Act by requiring Congressional approval for any national monument designations. It prevents future large-scale monument expansions that could close vast OHV riding areas without local input, protecting access for generations.

Historic Roadways Protection Act (H.R. 7635)
This bill protects thousands of miles of historic roads including RS 2477 roads which are crucial OHV routes—by prohibiting federal agencies from unilaterally closing them. It ensures that legacy access routes remain open for responsible recreation and helps preserve traditional motorized access across the West.

Fix Our Forests Act (H.R. 7983)
Aiming to reduce wildfire risks and improve forest health, this bill cuts through bureaucratic red tape that delays forest management projects. For OHV users, healthier forests mean fewer closures from wildfires and improved access to managed trails and riding areas.

Green Tape Elimination Act (H.R. 6395)
This bill eliminates redundant environmental reviews when states or local entities manage projects on federal lands. By streamlining approvals, it paves the way for faster trail maintenance, facility improvements, and OHV access projects—getting riders back on the ground without years of delay.

CALL TO ACTION – MAKE YOUR VOICE HEARD!

Access to public lands for OHV use is under constant pressure. These bills protect our rights, help reopen closed routes and protect new routes from closures. They also prevent overreaching new regulations that could close off large areas. Now is the time to act.

👉 Contact your Members of Congress TODAY and urge them to support these six bills that protect responsible OHV access and public land use.

🔎 Find Your Representatives Here:
✅ Congressional Member Lookup Tool – Enter Your Address

Together, our voices protect access to the lands we love. Help ensure these bills pass—our riding future depends on it!

Click here to learn how to be effective in your call to Congress

BlueRibbon Coalition is expanding its efforts to increase accessibility for disabled members of the American public. It sometimes feels like anti-access organizations have unlimited resources to enforce discriminatory restrictions against those with disabilities. For a growing number of public land users, motorized access is the only way for those with mobility impairment physical disabilities to access public land. We believe that the goals of conservation stewardship and recreational use can be responsibly and equitably harmonized and champion the responsible use of public lands for the benefit of all recreationists, including those whose only means to outdoor recreation is through the use of an OHV due to disability.

Learn more about how you can help BlueRibbon Coalition achieve equity for disabled Americans.

The effort to remove access for Off Highway Vehicle Use is not just a movement, it is an all out assault plan that is well orchestrated between Extreme Environmental Groups and Top Management at the BLM and Secretary of the Interior.

To win a war, you must fight on several fronts simultaneously with different strategies and resources. Here’s a brief recap of what’s being done in Utah.

BlueRibbon Coalition serves as our early alert system to keep us abreast of the latest in developments. Many times actions taken in other states are precursors to what we will see next in Utah. BlueRibbon will fight for us in the courts, a very recent example of that is the Federal lawsuits to reverse the Labyrinth Canyon Travel Management Plan. Everyone should be a member of BlueRibbon Coalition, and when submitting comments on land actions, submit them personally and through BlueRibbon by copying them at landuse@sharetrails.org

Utah Public Lands Alliance is focused on preserving access for ALL User groups in Utah and surrounding areas. UPLA hired our first employee recently, Rose Winn, as our Natural Resource Consultant to help us craft both professional comments and provide training for our members. UPLA has been working very closely with BlueRibbon Coalition to develop a comprehensive strategy to take preemptive action against closure efforts. We are focusing on using the same rules that SUWA has employed for years to achieve their success to our favor. To score points in a game, you must have a strong offense strategy, we can’t just play defense..

UPLA recognizes that we have many great employees at BLM and Forest Service that we’ve been working with for years to improve, protect, and preserve our public lands, and we want to enhance and grow those relationships. One of our immediate focuses is to educate our members and subscribers on how to be more effective in commenting, which will influence more favorable decisions initially by Land Managers, and provide a basis for legal action when it’s needed. If you live or recreate in Utah, you should join and support Utah Public Lands Alliance.

Your local Clubs and other User Groups-It’s important that you join and support your local clubs and organizations. They are the glue that holds the fabric of the OHV and related user groups together. Many OHV members are also users of public lands in other activities such as hunting, fighting, equestrian, mountain biking and many others. Share your concerns with these groups as well about overreaches by the Federal Government, go to their meetings to explain yourself. If you need help preparing, reach out to UPLA or BlueRibbon for assistance.

State of Utah-Our State is fighting back hard against overreaches by the Federal Government with several factions of government:

Utah Public Lands Policy Coordinating Office (PLPCO) is the agency that is leading the administrative fight in keeping access to our public lands. They have been fighting for our RS2477 roads for years, but have also now turned their attention to include B and D Class Roads in the fight. PLPCO was also the first to produce intelligible maps for the San Rafael Swell Travel Management Plan.

Legislative-We were fortunate to have both Utah Senator David Hinkins and Speaker of the House Mike Schultz visit with us at the Big Ride on evening. The focus of the 2024 legislative session was on taking back control of our state from the Federal Government. Of particular note were 2 bills (H.B. 471 and S.B. 57 passed and signed by the Governor that will test the limits of the 10^th Amendment in the powers granted by the US Constitution to the Federal Government, with the remaining rights being the jurisdiction of the State.

County Governments-County governments are very important in our fight, and counties with public lands, especially with OHV access have gotten very involved in the fight. Reach out to your local County Commissioners and let them know why public access is so important.

Judicial-The State of Utah currently has more lawsuits filed against the Federal Government than at any other time in our history, and this aggressiveness will accelerate as we move ahead. In addition, the state is seeking to build a coalition with other Western States to fight together against these overreaches. With the Supreme Court balance we now have, this is the best opportunity we’ve ever had to reign in the expanding bureaucracy of our Federal Government.

Together, We Can Win

But We Can’t Do It Without You!

This is not a single skirmish, we must get and stay engaged for the long haul. We have broad support from many organizations and government agencies, but we can’t really make a difference without your personal support and involvement.  Let’s all Join the Fight to Win and Don’t Give Up!