Public Lands · Investigation

They Opened the Gate for the Drill Rig, Not Your Dirt Bike

What the off-road community is celebrating is the front end of a public-land sell-off. Here is who is behind it, and why your win has a short shelf life.

What actually happened

On May 29, 2026, the President signed an order titled "Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands." It was published in the Federal Register on June 3.1 It rescinded EO 11644, signed by Richard Nixon in 1972, and EO 11989, signed by Jimmy Carter in 1977.1,2

Those two orders are where the so-called minimization criteria came from. They told the BLM, the Forest Service, and other agencies that when they designate where off-road vehicles can go, they have to locate routes to minimize damage to soil, vegetation, water, and wildlife, and to minimize conflict with other users.3,4

Be clear about one thing up front, because it is real: those criteria have been used hard against riders. They are the legal hook behind a lot of trail closures, and the frustration in the community is legitimate. The roughly 2,200 miles of dirt roads now closed in the Western Mojave trace to a federal court fight in which the judge found the BLM had not shown how its routes minimized harm to the desert tortoise.11 That is a genuine loss, and nobody should pretend otherwise.

But notice what the new order does and does not do. It does not reopen a single closed route. It directs agencies to start rulemakings to revise or rescind their own regulations, which takes years and which can be sued over the entire way.1 The order even tasks the Secretary of War, alongside Interior and Agriculture, because military training lands are in the mix too.1 This is not a gate swinging open. It is the removal of a legal speed bump.

The trick: this was never about your UTV

Here is the move most riders are missing.

The minimization criteria were the principal legal brake on building and keeping roads across federal land. A route designation is not an abstraction. It is road infrastructure. Under the old rules, an agency had to justify every motorized route against resource and wildlife harm before it could exist. That requirement is exactly what makes road building slow, expensive, and easy to challenge in court.

Strip it out and the cost of getting a graded road into a remote parcel drops. And roads are the gating infrastructure for everything extractive. You cannot drill a well, sink a mine, or haul logs where you cannot drive heavy equipment in and product out. The well pad, the mine portal, the log deck all start with a road.

A rider sees a trail map loosening. An operator sees the access line item drop on every parcel that used to be too expensive to reach. Same rule change. Two very different prizes.

You do not have to take a critic's word for the real target. The order itself says the old criteria created barriers to energy and timber production and to access to remote areas.5 One off-road outlet put it bluntly: the order said the quiet part out loud, that it is meant to expedite industrial extraction, not improve recreational access.2 A conservation group reading the same text said it plainly prioritizes resource extraction over conservation.12

This is one tile, not the whole picture

The off-road order did not land alone. It landed inside a stack of moves all pointed the same way:

The Forest Service moved to open roughly 58 million acres of national forest to road construction and development by unwinding the Roadless Rule.6 The BLM repealed the Public Lands Rule, which had put conservation on equal footing with extraction under the multiple-use mandate.13 And the biggest one: Senator Mike Lee's repeated effort to force the sale of public land outright.

In 2025, as chairman of the Senate Energy and Natural Resources Committee, Lee wrote reconciliation language that would have mandated the sale of up to 3.3 million acres and made more than 250 million acres eligible for disposal across eleven Western states.14,15 After the Senate parliamentarian ruled it out of bounds and a public revolt, he narrowed it, then withdrew it.16,17 He has run this play for years, through the HOUSES Act in 2022 and 2023. Utah even took a case directly to the Supreme Court seeking control of 18.5 million acres of federal land.18

Lee's own sell-off bill exempted any land carrying an oil and gas lease or a mining claim. The extractable land stays federal. The "no recreational value" land is what gets sold.17

Disposal and extraction are not in tension. They are two hands of the same project.

Follow the people

If you want to know who a fight is really for, look at who is running it and who is paying.

The BlueRibbon Coalition is the loudest voice telling riders this is a victory. BRC's executive director is Ben Burr. Burr worked for Senator Mike Lee in the Senate from 2011 to 2018.7 He is also Lee's nephew by marriage, a relationship Lee's own office confirmed years ago when a watchdog flagged that Lee had paid Burr more than a quarter million dollars over his Senate years, the most of any senator in that category at the time.8

It goes further. Burr is a trustee of the Utah Public Lands Alliance (UPLA), a foundation that also helps fund BRC.9,10 And when Lee's land-sale amendment hit the budget bill, Burr and UPLA did not fight it. They publicly backed it, in an article written after they sat down with Lee's staff for the talking points.9 Sit with that. The access organization endorsed selling the public land you ride on.

Then there is the legal muscle. BRC's lawsuit to reopen the Moab trails is not rider-funded litigation. It is run by the legal arm of the Texas Public Policy Foundation, a conservative think tank whose leaked donor list included Koch Industries, ExxonMobil, Chevron, ConocoPhillips, and Devon Energy, and which runs a program built to make the moral case for fossil fuels.10,19,20

How the network connects

Heritage Foundation
Decades of "sell the federal estate" ideology
Sen. Mike Lee
The legislative vehicle. Chairs Senate Energy & Natural Resources
Utah Public Lands Alliance
Foundation. Funds BRC. Burr is a trustee
BlueRibbon Coalition
Rider-facing. Burr is director and former Lee staffer
Texas Public Policy Foundation
Koch / Exxon / Chevron funded. Supplies BRC's lawyers
You, the rider
The sympathetic public face

None of this means oil companies are writing checks straight to BRC. The honest version is more useful than that: BRC is the rider-facing front of an interlocking network. Burr is the hinge, with one hat at BRC and another at UPLA. UPLA moves money and messaging. A fossil-fuel-funded Texas foundation supplies the lawyers. And it all feeds the same legislative vehicle, Mike Lee. The riders are the sympathetic public face. The agenda is land transfer and extraction.

Follow the history

This did not start with a dirt bike. The idea of privatizing public land traces back through the Heritage Foundation, which has pushed selling off the federal estate for decades, going back to a Reagan-era program launched in 1982 to sell off federal land and put the proceeds toward the national debt.18 Mike Lee is deeply tied to Heritage. He has called it a guiding light.18

And the historic roads argument that groups like BRC and the State of Utah use to pry routes back open? That rests on a law called R.S. 2477. That statute was Section 8 of the Mining Act of 1866. It was written to grant rights-of-way so miners could build roads to their claims. The heritage access framing that gets sold to riders is, at its root, an 1866 mining-access tool wearing a recreation costume.

Even Lee's own career fits the pattern. Before the Senate, he was a lawyer who represented a radioactive-waste disposal company in a fight over storing foreign nuclear waste in Utah.21 The resource-industry alignment is not new. It is foundational.

The part nobody in the community is saying

Here is the hard truth, rider to rider.

Extraction and recreation do not share ground well. When a mine, a well field, or a logging operation goes active, the public gets pushed out for safety and liability. The roads that get built and kept under an extraction regime are not scenic single track. They are graded haul roads, with industrial traffic, dust, and torn-up viewsheds. So even if route mileage ticks up on paper, the actual quality of the country you ride gets hollowed out.

A closed trail can be reopened. Sold land is gone. Once a parcel passes into private hands, there is no comment period, no lawsuit, no election that gets it back.

That is the deal being dressed up as ride your OHV in more places. You might get a little access on the front end. On the back end, the land itself changes hands, and the network that handed you the access is the same one working to sell the ground out from under you.

What an actual win looks like

This is not a call to roll over for trail closures. The closures are real and the frustration is earned. But a win that comes from an executive order and an agency rulemaking is a loan against the next election. It can be reversed as fast as it was signed, and everything done by rulemaking can be sued. Compare that to the conservation side, which spent nearly two decades building a court judgment in the Mojave. A judgment is durable. A press release is not.

The off-road community has real political weight when it is not being steered. Spend it on durable, transparent access built on solid legal ground and honest coalitions. Demand to know who funds the groups speaking in your name. And ask the one question that cuts through all of it: if this is really about my access, why is the leadership cheering the sale of the land I ride?

Access you can lose in one election was never really yours. The land is the prize. Do not let them sell it while you are busy celebrating.

Sources

  1. The White House, "Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands" (May 29, 2026); Federal Register, Vol. 91, No. 106 (June 3, 2026). federalregister.gov
  2. GearJunkie, "Trump Goes All In on OHV Use on Public Lands, Repeals Restrictions." gearjunkie.com
  3. The American Presidency Project, "Executive Order 11644, Use of Off-Road Vehicles on the Public Lands." presidency.ucsb.edu
  4. Missoula Current, "Trump order increases motor vehicle access on public land." missoulacurrent.com
  5. The White House, Fact Sheet on the order (May 2026). whitehouse.gov
  6. GV Wire, "Trump Lifts Restrictions on Off-Road Vehicles on Public Lands." gvwire.com
  7. LegiStorm, biography of Benjamin James Burr (Sen. Mike Lee staff, Jan. 2011 to May 2018). legistorm.com
  8. NBC News, "All in the family: Senators' kin reap financial benefits, study says" (CREW "Family Affair," 2014). nbcnews.com
  9. Utah Public Lands Alliance, "Understanding the Lee Amendment: A Balanced Look at the Public Lands Sale." utahpla.com
  10. InfluenceWatch, "BlueRibbon Coalition (BRC)" (documents BRC funders and Texas Public Policy Foundation legal representation). influencewatch.org
  11. Center for Biological Diversity, "Judge Rejects Federal Project Threatening California's Desert Tortoises" (Oct. 16, 2024 ruling; the West Mojave route-network decision). biologicaldiversity.org
  12. Center for Western Priorities, "Trump repeals rules governing off-roading on public lands." westernpriorities.org
  13. Outdoor Life, "The Trump Administration Will Open More Federal Lands to Off-Road Vehicles." outdoorlife.com
  14. The Wilderness Society analysis of the 258-million-acre eligibility figure (via Substack). wessiler.substack.com
  15. Colorado Newsline, "Mike Lee brings back proposal to sell public land in Western states." coloradonewsline.com
  16. Sierra Club, "Senate Official Throws Wrench in Mike Lee's Plan to Sell Public Lands." sierraclub.org
  17. Utah News Dispatch, "Mike Lee drops national forests from proposed public land sale" (oil, gas, and mining exemption). utahnewsdispatch.com
  18. ProPublica, "Utah Sen. Mike Lee Says Selling Off Public Lands Will Solve the West's Housing Crisis. Past Sales Show Otherwise." propublica.org
  19. Texas Public Policy Foundation, "BlueRibbon Coalition, Inc. v. BLM." texaspolicy.com
  20. Energy and Policy Institute, "Texas Public Policy Foundation" (donor history and Life:Powered). energyandpolicy.org
  21. Wikipedia, "Mike Lee," on his representation of EnergySolutions. en.wikipedia.org

A note on the funding question: BRC is a 501(c)(3). Its donor schedule (Schedule B) is legally redacted on public filings, so its full donor list cannot be confirmed. The grants named here were traced through the funders' own tax returns. The claim is not that industry funds BRC directly. It is that BRC operates as the recreation-facing node of a land-transfer network whose money, lawyers, and legislation are documented above.