HOUSE CONCURRENT RESOLUTION 75

(By Delegates Howell, Adkins, Akers, Brooks, W. Clark, Criss, DeVault, Dittman, Foster, Gearheart, Green, Hanshaw (Mr. Speaker), Hardy, Hillenbrand, Jeffries, Kump, Longanacre, Lucas, Mallow, Martin, Maynor, Miller, Moore, Nestor, Phillips, E. Pritt, Riley, Rohrbach, Shamblin, Sheedy, Smith, Statler, Thorne, Toney, and Tully)

[Introduced February 12, 2024; referred to the Committee on Rules]

Requesting the United States Army Corps of Engineers adopt rules allowing licensed private side by sides to access all roads.

Whereas, Tourism plays a vital role in the economic prosperity of West Virginia, including areas owned by the United States Army Corps of Engineers (USACE); and

Whereas, The state of West Virginia permits the use of "side by side" off-highway vehicles on state roads, provided they are licensed, insured, and inspected, contributing significantly to the tourism industry; and

Whereas, The inclusion of side by sides on state highways has led to an increase in tourism, demonstrated by the state park rule changes in 2023 allowing licensed side by sides to access all roads where other licensed, insured, and inspected vehicles can travel; and

Whereas, The US Army Corps of Engineers prohibits the use of side by sides on roads under their control, creating a visible double standard as they operate their own side by sides on the same roads; and

Whereas, Many visitors utilizing campgrounds on US Army Corps of Engineers' properties transport side by sides with toy hauler campers, facing restrictions on unloading and driving them to the nearest state highway; therefore, be it

Resolved by the Legislature of West Virginia:

That the West Virginia House of Delegates requests that the United States Army Corps of Engineers adopt rules similar to those of the West Virginia state parks system, allowing licensed side by sides to access all roads where any other licensed, insured, and inspected vehicle can travel; therefore, be it

Further Resolved, That if the United States Army Corps of Engineers cannot adopt the same rules, the West Virginia House of Delegates request that they shall cease operating unlicensed side by sides in plain view of the public, in violation of their own rules; and, be it

Further Resolved, That the Clerk of the House of Delegates forward copies of this resolution to Lieutenant General Scott A. Spellmon, 55th Chief of Engineers and Commanding General, U.S. Army Corps of Engineers.