Roadless Court Decision - Greens and Court Validate OHV Recreation

RDR (left), FS (center), The General (right) on Trail Planning Project Review

The Recreation HQ has received a number of private emails asking what it thinks about the recent 10th Circuit Court of Appeals Ruling regarding suits filed against the Clinton Roadless Rule.

BRC News Release on Court Ruling
http://www.sharetrails.org/news/2011/10/24/recreation-groups-respond-roadless-rule-decision

AP Article on Roadless Ruling
http://articles.latimes.com/2011/oct/21/nation/la-na-forest-roadless-20111022

HQ’s missive today is not an endorsement of the court’s decision that negatively restricts the agency’s ability to do resource management of federal timber in inventoried roadless areas.

Our view from a strictly trail-based recreation perspective is that the court decision validates the appropriateness of OHV recreation in IRAs. Unlike the early days of the roadless battle where you had some Forests closing jeep routes in IRAs because they interpreted the Clinton Roadless Rule as a closure directive, you now have green groups, FS, and the court supporting the designation of OHV routes in IRAs.

Blog on Green Groups Supporting OHV Routes in IRAs
http://thegeneralsrecreationden.blogspot.com/2009/08/green-groups-defend-ohv-trails-in.html


HQ believes the commitment of BRC and other OHV groups to challenge the Clinton Roadless Rule in numerous legal venues over the last 10 years has been of great value because those fights have resulted in the greens and courts validating and supporting the designation of OHV routes in IRAs.


HQ agrees with BRC’s hope that users and the Forest Service can now redirect efforts and energy from court battles to going out on the ground and doing post subpart B project level trail planning.

BRC Example of Recent Project Level Planning Trip on the Shasta Trinity NF
http://www.sharetrails.org/uploads/Beegum_Project_20110001.pdf

Trail Planning in WA
http://www.sharetrails.org/alerts/2011/10/19/washington---olympic-nf-hosts-public-meeting-regarding-orv-riding-in-calawah-watershed

HQ believes post subpart B project level trail planning is what users and the agency should be focused on. It will require a lot of hard work by both parties, but the end result will be worth it.

HQ TMR UPDATE - Mistakes in Tahoe National Forest MVUM

The Recreation HQ wants to thank members of Pirate4x4.com for alerting us to the fact that there are a number of mistakes in the newly published Tahoe National Forest Motor Vehicle Use Map.


Some of the route designations (and/or vehicle type classifications) that appear to be in error includes the Rubicon Trail, Trail 16E10, Rattlesnake Trail 10E02, 11E18, 12E67,
11E67, 11E21, and routes/areas associated with Boca, Stampede and Prosser Reservoirs.

HQ has been in communication with the Tahoe National Forest and the Regional Office
and has been assured their leadership and staff are now acutely aware of the mistakes and are working to correct them. HQ has encouraged Pirate4x4.com members to send in the mistakes you have found to the Forest Service.

HQ suggests that you send your corrections to the Forest’s Public Affairs Officer, Ann Westling at: awestling@fs.fed.us

While mistakes in new MVUMs can be a common occurrence, it has been our experience that the agency works hard to correct those errors. However, HQ has seen where LEOs have written tickets based on inaccurate information contained in new MVUMs. HQ has shared its concerns with the FS and is urging them to communicate potential errors with law enforcement staff so that we do not have young kids, their parents, or tour guides given tickets when operating their OHVs in a legal manner.

Blog on Tickets Issued in Error at Stonyford in 2010
http://thegeneralsrecreationden.blogspot.com/2010/04/stonyford-mixed-use-issue-cleared-up.html

When it comes to implementation of MVUMs, HQ likes to cite the implementation strategy of the Payette NF. Their narrative clearly outlined what I like to call a “soft rollout” of the MVUM instead of a “hard rollout” where LEOs are instructed to start issuing tickets before the ink is dried on the MVUM.

Blog on Soft Rollout
http://thegeneralsrecreationden.blogspot.com/2009/10/mvum-implementation-law-enforcement.html

Thanks in advance to all local users who reviewed the MVUM and are alerting the agency and OHV community to the errors. Great job guys and gals!

STONYFORD UPDATE - County Closes Correctional Facility, Land Exchange in Limbo

For the last several years, HQ has updated riders on the potential for the Fouts Springs Youth Correctional Facility to be deeded over to Solano County. Recently, Solano County closed the facility due to it being fiscally unsustainable.


Article on Closure of Fouts Springs Correctional Facility
http://www.colusa-sun-herald.com/articles/county-6794-solano-fouts.html

As you know, BRC had been opposing the land exchange because of concerns it had that the county would sell the property (they had operated the camp under a FS special use permit) to the highest bidder with said use being a conflicting use (i.e. Robert Redford’s Environmental Activist Training Center or new Sierra Club Conference Center, etc.). Those conflicting uses over time would require the FS to close the area to OHV recreation.

History of Land Exchange Proposal and BRC Letters
http://thegeneralsrecreationden.blogspot.com/2010/04/hearing-today-on-land-exchange-bill-at.html

HQ does not celebrate the loss of those rural jobs when the facility closed. However, it believes that if the Forest Service turns that facility into a remote fire-training center… that many of those who lost jobs could be employed at the new camp.

The facility could also be used as a training center for trail crews such as the Student Conservation Association.

Be assured that BRC and HQ will stay on this issue as preserving the high quality OHV program on the Mendocino is a very high priority.

HQ Closed Oct. 13-16

HQ will be in the field Oct. 13-16.  Will reopen on Oct. 17

EPA Champions Closure Agenda at Clear Creek in Letter to Congress

HQ was amazed to read EPA’s September 29, 2011 bizarre response to the OHMVR Commission’s June 21, 2011 letter to Congress which challenged the agency’s stance that Clear Creek should be closed to OHV recreation.

Instead of functionally acknowledging the recent IERF study that shows OHV recreationists at Clear Creek only face a slight health risk (much lower than other activities), EPA stubbornly and with a certain amount of bravado insists that its original study and closure-oriented conclusions are correct.

Blog with Link to OHMVR June 21, 2011 Letter to Congress
http://thegeneralsrecreationden.blogspot.com/2011/06/ca-ohv-commission-sends-letter-to.html


September 29,2011 EPA Letter to U.S. Senate (with additional letters from CA regulators)
http://www.sharetrails.org/uploads/CCMA_EPA_Letter_CCMA_US_Senate_Comm_Nat_Res_9-29-2011.pdf

September 29, 2011 EPA Letter to House of Representatives
http://www.sharetrails.org/uploads/CCMA_EPA_Letter_CCMA_US_Congress_Comm_on_Nat_Resources.pdf

Blog with Link to IERF Study and recent ABC News Story on Clear Creek
http://thegeneralsrecreationden.blogspot.com/2011/09/abc-news-story-on-clear-creek-epahfo.html

HQ believes the EPA is making the best argument for Congress to step in and designate Clear Creek as a National Recreation Area where users can decide for themselves what health and safety risks they take. Be assured this recent EPA missive will only strengthen the resolve of the user community and San Benito County to reopen the Creek.

County Resolution in Support of a NRA Designation
http://thegeneralsrecreationden.blogspot.com/2011/10/breaking-news-county-votes-to-petition.html

The Clear Creek saga continues…

HQ on Buying a Dual Sport Motorcycle in 2011

Over the last year or so, HQ has gotten a lot of phone calls and emails from riders who are seeking advice on buying a dual-sport motorcycle. It appears most of these questions are being prompted by recent FS Travel Management-related closures of level-3 roads to non-street legal OHVs.


For those riders who are looking for a street-legal off-road motorcycle, HQ suggests they purchase a new street-legal dirt bike or a used bike that was plated and/or grandfathered in before the State of California closed the dual-sport conversion process (circa late 2003/early 2004).

HQ believes that manufacturers have stepped up to the “plate” and are producing true off-road worthy dirt bikes and when given a choice… riders should select a bike that complies with the licensing requirements that govern our sport.