119-S-90 Investigative Journalist Impact Analysis

Summary

What S. 90 does: prohibits the Department of the Interior (via BLM) from obligating or expending funds to finalize new travel management plans in specified Utah areas and from implementing four named plans (Labyrinth Rims/Gemini Bridges; San Rafael Desert; San Rafael Swell; Indian Creek/Canyon Rims) until the Secretary certifies that Utah’s RS 2477 cases are adjudicated. Practical effect: a multi‑year pause is plausible given active litigation. [1]Congress.gov — S.90 — Historic Roadways Protection Act (Overview)[2]Congress.gov — S.90 — Historic Roadways Protection Act (Bill Text)[4]Justia Dockets & Filings — Kane County (2) v. USA — Memorandum Decision and Ord…

Economic Effects

Key mechanisms: access for motorized recreation and dispersed camping; certainty for outfitters and events; tourism mix; agency costs and compliance risks.

• Short-term retention of motorized access where on-the-ground implementation depends on BLM work (e.g., signage, barriers, route restoration) could support OHV-related spending (equipment, lodging, guides). Utah’s outdoor recreation economy reached $9.5B value‑added in 2023, with OHV/motorcycling/ATV activities contributing ~$166M; impacts will be locally concentrated near Moab, Emery, and San Juan counties. [5]Utah Department of Natural Resources — Utah DNR: Outdoor Recreation Economy Bre…
• Delay of implementation may also defer benefits from plan-driven amenities (signage, staging areas) that improve visitor experience and safety—costs typically borne during implementation. [3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…
• Legal/compliance risk: the 2017 settlement guiding multiple Utah TMP re-dos set schedules and documentation expectations; a statutory funding freeze could force BLM to seek court modification, adding transaction costs and prolonging uncertainty for businesses planning events and concessions. [6]Web search · turn 9 #1
• Distributional effects: motorized outfitters and events (e.g., guided OHV tours) stand to benefit from delayed closures; nonmotorized-focused guides and gateway amenities tied to “quiet recreation” may see forgone gains where plans rebalanced use to reduce conflicts. Quiet recreation on BLM lands supports billions nationally, indicating meaningful stakes for those sectors. [7]The Pew Charitable Trusts — Pew/ECONorthwest: Quiet Recreation on BLM Lands (20…
• Net macro effect statewide likely small relative to Utah’s $9.5B recreation base, but localized gains/losses could be material in Grand, Emery, and San Juan counties depending on how much implementation had yet to occur at enactment. [8]U.S. Bureau of Economic Analysis — BEA: Outdoor Recreation Satellite Account, U…[5]Utah Department of Natural Resources — Utah DNR: Outdoor Recreation Economy Bre…

Reference plan outputs: Labyrinth Rims/Gemini Bridges designated roughly 700 miles open, ~100 miles limited, ~300 miles closed (2023); San Rafael Swell finalized 1,355 miles open, 141 limited, 665 closed (12/31/2024); San Rafael Desert (2020) about 646 open, 534 closed; Canyon Rims (Indian Creek) about 226.6 open, 46 closed (2021). These figures frame where access-linked spending might shift if implementation pauses. [9]Bureau of Land Management — BLM reassesses routes in the Labyrinth/Gemini Bridg…[10]Bureau of Land Management — BLM updates travel management plan for the San Rafa…[11]Bureau of Land Management — 2017 Settlement Agreement TMPs Explained (Utah)[12]Bureau of Land Management — BLM’s Canyon Rims Travel Management Plan decision (…

Social Effects

• Access certainty vs. conflict: travel plans reduce user conflict by clarifying where different uses occur; postponing implementation can prolong disputes among OHV users, hikers, bikers, hunters, and local residents over contested routes. [3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…
• Communities dependent on dispersed camping/4x4 access may perceive short‑term relief if closures are not actively enforced; conversely, communities favoring quieter experiences may see delayed relief from crowding/noise along sensitive corridors. [13]LII / Cornell Law School — 43 CFR § 8342.1 — Designation criteria
• Cultural resources: areas like Nine Mile Canyon host dense rock art panels; increased dust and traffic have historically threatened panels, leading to mitigation trials (e.g., alternative dust suppressants). Delaying plan measures aimed at protecting sites can extend exposure. [14]High Country News — High Country News: Dust on the rocks (Nine Mile Canyon) (20…[15]Aspen Times / Associated Press — AP (Aspen Times): BLM tests dust suppressant t…
• Public understanding and safety: plans typically add signage, maps, and route maintenance; postponement can reduce clarity for visitors and complicate county search‑and‑rescue coordination. [3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…

Environmental Effects

• Soils/vegetation: motorized travel in desert systems damages biological soil crusts that stabilize soils and cycle nutrients; delayed closures or route restoration can extend erosion and habitat fragmentation risks on the Colorado Plateau. [16]U.S. Geological Survey — USGS: Impacts of off-road vehicles on biological soil…
• Wildlife disturbance: motorized recreation contributes to behavioral responses in big game; without plan‑level minimization (seasonal limits, route density standards), disturbance and displacement risks persist. [17]U.S. Forest Service — USFS: Effects of off-road recreation on mule deer and elk…
• Cultural resources: the San Rafael Swell/Book Cliffs/Nine Mile landscapes include sensitive sites; BLM cited cultural protection as a rationale for some closures. A funding freeze defers these protections where not yet in place. [10]Bureau of Land Management — BLM updates travel management plan for the San Rafa…
• Emissions and dust: more motorized VMT raises localized PM and CO2; quantifying requires modeling (e.g., EPA MOVES), but plan‑driven route minimization typically reduces unnecessary VMT. A freeze likely modestly increases localized emissions relative to the planned baseline where closures/limits are delayed. [18]U.S. EPA — EPA MOVES: How CO2/CO2e emissions are calculated (2025 FAQ)

Temporal Analysis

1. Near term (0–2 years): halt to finalizing/implementing specified TMPs; on-the-ground changes (signage, barriers, decommissioning) pause; short‑run boost for motorized access where enforcement was pending, alongside delayed benefits to nonmotorized users from conflict‑reduction measures. [2]Congress.gov — S.90 — Historic Roadways Protection Act (Bill Text)[3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…
2. Medium to long term (2+ years): RS 2477 litigation is ongoing across 22 county cases, with active 2024–2025 district court orders—suggesting adjudication may span years. Prolonged limbo increases management costs, uncertainty for event permitting, and potential for route proliferation absent implemented controls. [4]Justia Dockets & Filings — Kane County (2) v. USA — Memorandum Decision and Ord…

Unintended Consequences

• Settlement friction: the 2017 settlement obligates BLM to redo several Utah TMPs with specified documentation/timelines; a statutory funding bar may force re‑negotiation or court relief, creating added legal/administrative costs and unpredictability for counties and user groups. [6]Web search · turn 9 #1
• Cultural resource exposure: in corridors like Nine Mile, past dust/traffic impacts required special mitigation; delaying protective designations may compound conservation work and future costs. [14]High Country News — High Country News: Dust on the rocks (Nine Mile Canyon) (20…[15]Aspen Times / Associated Press — AP (Aspen Times): BLM tests dust suppressant t…
• Policy spillovers: by tying plan implementation to RS 2477 adjudication, S. 90 may incentivize more aggressive litigation postures, lengthening timelines before route certainty is restored for all users. [4]Justia Dockets & Filings — Kane County (2) v. USA — Memorandum Decision and Ord…

Assessment

On balance, projected impacts are mixed and distributional. Motorized‑access stakeholders gain near‑term continuity where closures/limits were not yet implemented; users and resource managers relying on plan‑based protections, certainty, and conflict reduction face delays. Given the likelihood of multi‑year litigation and the documented role of implementation in minimizing impacts, the overall impact is best characterized as neutral in aggregate, with higher variance at the local level. [3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…[4]Justia Dockets & Filings — Kane County (2) v. USA — Memorandum Decision and Ord…

Sourcing (key references)

• Bill scope and status: Congress.gov summary and text for S. 90. [1]Congress.gov — S.90 — Historic Roadways Protection Act (Overview)[2]Congress.gov — S.90 — Historic Roadways Protection Act (Bill Text)
• BLM travel plan outputs: Labyrinth Rims/Gemini Bridges (designation; reassessment), San Rafael Swell (final plan Dec. 31, 2024), Canyon Rims (Indian Creek), San Rafael Desert (2017 settlement explainer with route counts). [19]Bureau of Land Management — BLM Designates Labyrinth Rims/Gemini Bridges Travel…[9]Bureau of Land Management — BLM reassesses routes in the Labyrinth/Gemini Bridg…[10]Bureau of Land Management — BLM updates travel management plan for the San Rafa…[12]Bureau of Land Management — BLM’s Canyon Rims Travel Management Plan decision (…[11]Bureau of Land Management — 2017 Settlement Agreement TMPs Explained (Utah)
• Legal context: active RS 2477 litigation orders (2024–2025) indicating extended timelines. [4]Justia Dockets & Filings — Kane County (2) v. USA — Memorandum Decision and Ord…
• Policy/management standards: 43 CFR 8342.1 minimization criteria; BLM IM 2012‑067 on travel designations’ benefits for compliance and cultural resources. [13]LII / Cornell Law School — 43 CFR § 8342.1 — Designation criteria[3]Bureau of Land Management — BLM IM 2012-067: Cultural Resource Considerations f…
• Environmental baselines: USGS on biological soil crust damage; USFS on wildlife disturbance from OHV; EPA MOVES for emissions methodology. [16]U.S. Geological Survey — USGS: Impacts of off-road vehicles on biological soil…[17]U.S. Forest Service — USFS: Effects of off-road recreation on mule deer and elk…[18]U.S. EPA — EPA MOVES: How CO2/CO2e emissions are calculated (2025 FAQ)
• Economic baselines: BEA 2023 outdoor recreation accounts; Utah DNR 2024 state summary (including OHV). [8]U.S. Bureau of Economic Analysis — BEA: Outdoor Recreation Satellite Account, U…[5]Utah Department of Natural Resources — Utah DNR: Outdoor Recreation Economy Bre…
• Cultural resource risks: Nine Mile Canyon dust impacts and mitigation efforts. [14]High Country News — High Country News: Dust on the rocks (Nine Mile Canyon) (20…[15]Aspen Times / Associated Press — AP (Aspen Times): BLM tests dust suppressant t…