Thursday, July 13, 2017

SB 249 Hearing Update with Video of Hearing - Must See OHV TV

OHV Supporters Line Up to Speak in in Favor of the Currrent OHV Program
and in Opposition to SB249

SB 249 Hearing Update (Video of Hearing) – Many OHVers have heard the term to describe the ugly process of legislation as “sausage-making.”  The following 45 min. video (thanks to our OHV lobby team for making this video available!) gives the general OHV community a good peek into the dark work of land-use politics.  Having been engaged in land use politics for the past 27 years at the state and federal level, this video (OHV starts at 50:20) starting with SB249 sponsor, Senator Ben Allen, illustrates the political spin of trying to cast the bill as a pro-OHV bill that simply wants to basically reauthorize the current OHV program by adding just a few simple amendments.

LINK to SB249 on my FB Page

After Sen. Allen’s presentation you will find environmental representatives that make false declarative statements against the OHV program and by inference … Division staff.

At 1:03:23, you will listen to OHV lobbyist, Terry McHale, strongly defend the current OHV program and highlight SB249’s fatal flaws.  He highlights the fact that the program is a National Model and that SB249 was created in a vacuum without input from OHV.  Terry also points out that SB249 places unreasonable environmental standards on SVRAs (which may even extend to other “units” of the system which include FS/BLM/County riding areas). He is a good friend of OHV and one of our best advocates in Sacto. 

At 1:08:45, I highlight my concerns about the legal mine field laid by SB249 and the fiscal impacts it would have on the program… if the program continues at all in a SB 249-based program.  I also join Terry in making a commitment to work with Sen. Allen and the proponents in a bipartisan manner to address remaining issues and concerns.

At 1:11, a representative for rural farm workers stated his opposition to SB249 because of the potential impacts to the OHV grants program.

At 1:13, you will see various pro-OHV representatives from rural counties, OHV industry, OHV clubs, and others speak in opposition to SB249.  Am very proud of the OHV Coalition!

At 1:16, the vice chair (a rural legislator and OHVer) restates the fact the SB249 had no real stakeholder engagement and that the bill could impact OHV areas in his district and also impact motorized access to non-motorized recreation.  Other legislators weighed in as well.

Maybe the most important thing at the hearing happened at the end when Sen. Allen made a commitment to “work” in a more substantive manner with rural legislators and OHV representatives to resolve issues.   The bill did pass with an 8-5 vote, but that vote was based on future meetings with affected parties to resolve issues.  This battle is far from over.  Thanks for taking time to watch this video!


Wednesday, July 12, 2017

OP-ED - Rebuttal to CNPS's Anti-OHV Political Campaign (SB 249) Article

Hillside Restoration Project - Carnegie SVRA

Op-Ed
July 12, 2017
By Don Amador

*Permission is hereby granted to reprint article

Rebuttal to CNPS Vol. 47 (July – Sept. 2017) Pro – SB 249 Political Campaign Article: Environmental Damage from OHV Activity is Outpacing California’s Ability to Repair It

LINK TO CNPS ARTICLE

This is a response to a recent California Native Plant Society (CNPS) anti-OHV political campaign (SB 249) article that was referenced (page 22) in the official California Department of Parks and Recreation Weekly Digest published on July 7, 2017.

SB 249 was crafted in the dark of night by the California Native Plant Society (CNPS) and a small group of extreme environmental groups over the course of the last two years without OHV involvement. At this time, not one OHV organization supports SB 249.

The bill fundamentally redirects this environmentally sound, highly successful and nationally acclaimed OHV program - with a recreation focus - to a non-OHV program with a preservation focus that relies on lawsuits and trail closures as primary “management” tools.

Engineered OHV Trail with OHV Bridge to Protect Stream Course
Eldorado NF - Supported by CA OHV Grant Program


Since the creation of the California OHV program with the passage of the Chappie-Z’Berg OHV Act in 1971, OHV leaders have played an important role as stakeholders each time the program has come up for sunset review and reauthorization.  OHV leadership has a wide variety of expertise in all issues relating to OHV recreation, both technical and environmental, with specific knowledge on the interaction between state and federal land management processes.

Sediment Catch Basin - Rubicon Trail
Collaborative Project between CA OHV Grant Program, Eldorado County, Eldorado NF
and OHV Recreationists

Entire sections of SB 249 significantly alter priorities in ways that are obviously unacceptable to active California recreationists. There are also numerous examples of incorrect definitions, calls for unnecessary reports and demands for duplicative agency consultation that portray a lack of understanding of the interplay already required to create best management practices for areas that host OHV recreation.

OHV Travel Management Sign - Carnegie SVRA


It is clear that CNPS and partners crafted this bill with a goal of unduly hampering and purposely setting roadblocks to a program that is world renowned for its existing high standards with regards to both recreation opportunities and environmental conditions. They want the motorized parks to be held to an environmental standard equal to the non-motorized parks – an absurdity at every level.

CA OHV Grant Funded Restoration Project
Tahoe NF

Furthermore there is no accountability for either reliably foreseen or unanticipated consequences of the drastic measures called for in the bill. Based on estimates from DPR and OHV experts, the magnitude of the costs to the state for land restoration and mitigation for federal, city and county lands, as called for by SB 249, could range from $11M to $20M per year.  Expected legal liability cost estimates could be in the tens of millions of dollars per year.

SB 249 focuses solely on management of natural and cultural resources while ignoring important recreation-related water quality and soil erosion mitigation measures and trail facility maintenance activities.

Engineered Contour OHV Trail
Carnegie SVRA

SB 249 contains errors in the description of adaptive management as it is used in conjunction with a monitoring program. To those experienced in land policy, adaptive management is an ongoing process of evaluation leading to changes in operations to improve on-the-ground conditions. Many components are part of this process, although the bill stresses solely natural and cultural resources.

Engineered OHV Trail with Rolling Dip and Sediment Catch Basin
Eldorado NF

OHV stakeholders believe that water quality, erosion and sedimentation evaluations are equally critical, although none of these important issues are mentioned. Furthermore, natural and cultural resources are mentioned many times in the bill without adequate definition which will only lead to confusion in future decisions.

CA OHV Grant Funded Meadow Restoration Project
Stanislaus NF


SB 249 seeks to prohibit use of existing roads in state vehicular recreation areas that were created by previous land owners. The bill would require the state to compile reports of accidents, citations and other infractions from all areas of the state, including federal lands, where off-road recreation occurs. This is a burden placed on no other unit of state parks, the information is not currently collected by state parks, nor is it required by any federal agency. Furthermore there is no justification for the need for this report, leading OHV leadership to conclude this is an unwarranted data collection effort that will be used by SB 249 proponents to discredit public land agencies and off-road recreationists.

CA OHV Grant Funded Multi-Use Trail
Eldorado NF


SB 249 requires the Off-Highway Motor Vehicle Recreation (OHMVR) Division to change its purpose from managing for sustainable off-road recreation to primarily managing for non-recreation focused on the protection of natural and cultural resources.

Specialized Equipment to Maintain Trails
Supported by CA OHV Grant Program

SB 249 seeks to portray and require restoration work to be done in an absolute fashion and be fully mitigated no matter the cause of the damage. Wildfires, earthquakes, rain and other weather phenomena can cause considerable damage, yet the effect of this damage is not differentiated from ongoing maintenance due to OHV activities. Other state parks are not responsible for acts of Mother Nature and it is inappropriate to place that burden on this program and this division. Minimizing impact to land from all forms of human interaction, whether through motorized or non-motorized activities is a goal already undertaken by all park units to the extent possible.

Sanitation Facilities to Protect Water Quality - Supported by CA OHV Grants
Rubicon Trail - Eldorado NF

SB 249 adds numerous agencies for consultation and written reports as requirements to be produced, which does nothing to improve environmental conditions on the ground. The redirected time will make performing environmental activities and restoration difficult, be extremely time consuming and add a considerable cost consideration for all entities concerned when there is no indication that anything is amiss in the current program.

CA OHV Grant Funded Restoration Project 
Stanislaus NF

The OHMVR Division does much more than manage State Vehicular Recreation Areas (SVRAs).  Its efforts include everything from law enforcement to supporting the economic viability of rural counties.  The program also supports OHV recreation on lands managed by the Forest Service, Bureau of Land Management and counties.

CA OHV Grant Program Supports County LE/Search and Rescue Programs

Again, I believe the regulatory mandates and related compliance requirements place the entire program (SVRAs and units managed by the USFS/BLM/counties) in both legal and fiscal jeopardy.  The legislation creates a target rich environment for future litigation based on the alleged failure of the OHVMR Division and other units to comply with a host of new and unwarranted regulations and reporting schedules.

OHV organizations are urging legislators and the Governor to support reauthorization of the current program that was substantially improved upon 10 years ago in a bipartisan manner under the leadership of Senator Darrell Steinberg (SB 742).

Don Amador was a member of the 2007 bipartisan legislative team that drafted SB742 upon which the current OHV program is based.  Don works as a consultant to the BlueRibbon Coalition/Sharetrails.org.  Don is president of Quiet Warrior Racing, a recreation consulting business.  Don is a 2016 inductee into the Off-Road Motorsports Hall of Fame.  Don was also an OHMVR Commissioner (1994-2000) Don may be reached by email at: damador@cwo.com




Thursday, June 15, 2017

Take the BRC/Sharetrails.org Challenge this Summer - JOIN or DONATE TODAY


As many of you are gearing up to enjoy various summer OHV activities (both casual and permitted), I want reach out to those of you who are not members of BRC/Sharetrails.org or those of you who have not made a donation this year.

Many of you who are on my email list are BRC members and generous donors who support the sport.  However, for those of you who want to help support BRC’s grassroots, legislative, administrative, or legal efforts please JOIN or DONATE today.  This is the only time this summer that I will ping you on this subject.

I can’t stress strongly enough the importance of having you support our efforts to keep trails open for OHV recreation. 

I would not ask you to do anything that I would not do, so since I can’t JOIN BRC (I am already a member), I made a donation today… it is simple to take the challenge by clicking on the link below and either JOIN or DONATE.  There are various donation accounts for your selection.

TAKE THE JOIN OR DONATE CHALLENGE HERE

I hope to see many of you out on the trail this summer!

Thanks,

Don Amador
Western Representative
BlueRibbon Coalition/Sharetrails.org




Friday, June 2, 2017

SB 249 Update - Death by a Thousand Lawsuits



 QUICK UPDATE ON SB 249 SENATE VOTE YESTERDAY – First, I want to thank all of you who took time – (on short notice) yesterday to contact your state senator.   Because of your efforts yesterday and past efforts on this subject, there was much stronger bi-partisan opposition to SB 249 than the bill’s author expected.  The final vote was Yes – 22, No – 15.  I believe the vote tally will help our fight in the assembly.

The OHV Coalition remains in strong opposition to SB 249.  I remain convinced that any SB 249-based OHV Program would actually kill the current program that has been acclaimed as a “National Model” for managed/sustainable OHV recreation.  It would open all OHV areas that receive grant funds (i.e. SVRAs, BLM, FS, County) to an endless parade of environmental lawsuits under the premise that the units are not in compliance with local and regional “conservation plans” from entities such as Resource Conservation Districts, East Bay Regional Parks, other agency and NGO conservation or resource plans.

SB 249 remains a kill-shot bill directed at all local, state, and federal OHV units.

The good news is that there are other hearings and as you know - this battle will now be fought in the assembly.

I expect the fight to continue through the end of August.  It’s going to be a long hot summer!

Thanks,

Don Amador
The Recreation HQ


PS - Death by a Thousand Lawsuits - Another takeaway from the hearing yesterday were the comments by Allen and/or another supporters about the numerous lawsuits against Carnegie SVRA with the subtle inference that “lawsuits” might be a good reason to severely restrict OHV use on a unit or maybe even close that unit (local, state or fed) to OHV and sell or transfer/transform it for non-motorized activities.



Thursday, June 1, 2017

CODE RED ALERT - Stop SB 249 in Senate Vote Today





STAT ACTION REQUIRED this AM – Senate Vote on SB 249 is today

The Recreation HQ is firing up its CODE RED Alert System and is asking you to take just a minute or two this a.m. to contact your own CA State Senator and ask them to VOTE NO or replacement of the “urgency” which was taken out of the current version of SB 249 as a way to marginalize state senators who support the current CA OHV Program.

LINK so you can quickly find your own state senator


OHV Community Alert to Senate Floor (for additional info and topics)

  

Bullet Points:

·         Ask them to vote NO on SB 249 or replacement of the “urgency” to keep the bill in the Senate for further discussions

·         SB 249 would force the complete rewrite of OHV regulations that would halt any grants going to county law enforcement, conservation/restoration efforts, and safety programs for a period of at least one year or the grants program might not even exist in any meaningful capacity.

·         OHV is an important multi-billion dollar per year economic benefit to the state and local economy

·         The OHV Program is a national model of environmentally sound recreation

·         The current OHV program was created in a bipartisan manner under the leadership of Senator Steinberg in 2007. The OHV program provides critical funding for law enforcement, search and rescue, conservation, and protection of natural and cultural resources.

Please do this today!

Thanks,

Don Amador

Wednesday, August 17, 2016

Transformation Team Update - Document Needs a "Recreation" Goal

This Sign Directed OHV Stakeholders to 
the Transformation Team Public Meeting in Ontario on Aug. 11, 2016


Introduction: I wanted to share my letter/thoughts with OHV stakeholders on the August 2016 Transformation Team Progress Report.  I think it takes steps in the right direction.  However, it needs to more fully incorporate "Recreation" into the soul of the document.  I have included the letter I sent to the Transformation Team today. I  think this report shows a “preservation culture” still exists at DPR.

LINK TO AUGUST 2016 TRANSFORMATION TEAM PROGRESS REPORT
http://www.parks.ca.gov/pages/24689/files/Transformation%20Progress%20Report%20August%202016.pdf


August 17, 2016


Dear Lisa and the Transformation Team,

I again want to thank you for your ongoing efforts (which are greatly appreciated) to engage with OHV stakeholders to better understand the OHV Program.

I just read through the August 2016 Transformation Team Progress Report and commend the Team for including pictures of various active forms of recreation on the cover page and noting said activities on page 6 in the Fast Facts section.

While I support, in general, all of the four Transformation Team Strategic Goals, I am concerned about the preservationist nature of Strategic Goal 1 that leaves out any mention of providing environmentally sound or sustainable recreational opportunities.

                Strategic Goal 1: Protect and Enhance Natural and Cultural Resources

The California Department of Parks and Recreation’s (Department) mission includes the protection and preservation of California’s most significant cultural and natural resources. By engaging and collaborating with other leaders in this field, the Department will identify and advance pilot projects demonstrating best practices and develop programs and systems that support first in class
preservation and conservation of natural and cultural resources. The Department will propel a renewed investment in the stewardship of the globally-significant resources of the state park system. Decisions will be informed and guided by the need to protect natural and cultural resources.


I would urge the Team to consider weaving “recreation” more substantively into the soul of the document including its strategic goals.  In fact, the Team might consider adding an additional goal (Goal 5) that reads something like this:

                Strategic Goal 5: Continue to Provide World Class Sustainable Recreational Opportunities

The Department will continue to provide access to world-class passive and active forms of recreation that exist within the system.  The Department will use best management practices, the collaborative process, and partners to maintain and/or enhance a wide array of sustainable recreational opportunities for the benefit and enjoyment of all people. Off-highway motor vehicle recreation, boating activities, horseback riding, on and off-road cycling, hiking, camping, and rock climbing are some of the recreational activities enjoyed in 280 state parks organized into 22 field districts throughout the state.

Since the program was totally revised in 2008, the OHV Division has been a model of government transparency and efficiency.  It has been a model for other States to follow.  The Team needs to ensure this program keeps its identity so it can continue to offer the excellent services it has been providing.

As you know, the 9 State Vehicular Recreation Areas (SVRAs) provide high quality OHV recreational opportunities in most regions of the state and the Team should support continuation of that program.

Also, about 80% of OHV recreational opportunities are provided by our partners at the Forest Service and BLM.  The OHV Grants Program has been instrumental in providing for quality and effectively managed OHV recreation on federal lands throughout the state.  The Team should help ensure the OHV Grants Program stays viable.

Please feel free to contact me should you have any questions or want additional input into the process.

Best regards,

Don

Don Amador
555 Honey Lane
Oakley, CA 94561
Cell: 925.783.1834

Former Chairman of the OHMVR Commission, Western Representative for the BlueRibbon Coalition, President of Quiet Warrior Racing/Consulting, Member – Society of Outdoor Recreation Professionals

 cc: OHV Stakeholders






Sunday, August 14, 2016

OPINION - Transformation of the CA State Park Transformation Process

State Park Director and CA OHMVR Commission Listen
to Public Input on the Transformation Team Process
August 11, 2016, Ontario Double Tree Hotel

Opinion
By Don Amador
Date: 8/14/16
Words: 374

*Permission to reprint is hereby granted


Transformation of the Transformation Process


The terms “honest” and “genuine” have not been adjectives normally associated with leadership at the California State Parks Department of Parks and Recreation (DPR).  This is especially true when it comes to how DPR has treated the OHV community over the last 30 years.

It has been my experience that self-proclaimed experts (often with an anti-OHV bias) at DPR decided what was best for the OHV program and then crafted a public process that would support a preordained outcome.

A chief concern of mine with the Transformation Team (TT) over the last few months is that it was just another process where government appointees with little substantive knowledge of the OHV program were following the traditional decision-tree at DPR.

After attending the August 11, 2016, TT meeting with OHV stakeholders in Ontario, California, my concerns about the future of the OHV program have been somewhat allayed by the precedent setting substantive engagement efforts of State Park Director, Lisa Mangat, and her management team.

Most impressive has been their willingness to acknowledge and address the institutional bias at DPR against OHV and other forms of active recreation.   There is a reason why reference (photos, printed materials, etc.) to our nine State Off-Highway Motor Vehicle Recreation Areas (SVRAs) and riding opportunities on federal and non-state lands have been largely scrubbed or hidden from public view at the main agency website.

Over the last six weeks, I have seen a rather marked shift in the tone and direction of the TT’s narrative as it relates to potential recommendations for the OHV program.  Because of their engagement with OHV leadership, partners, and other stakeholders they are beginning to understand the complex size and scope of the program and how it has become woven into the economic fabric of California.

Director Mangat said that no TT policy recommendations have been written yet and that it is critically important for OHV stakeholders to remain engaged with the process.

At this juncture, I believe the at-large OHV community should give them the benefit-of-the-doubt and continue to readily embrace this genuine effort by the agency to craft a plan that secures the future of our world-class OHV program.

# # #



Don Amador writes on land-use and recreation issues from his office in Oakley, CA.  Don was Chairman of the CA OHMVR Commission in the 1990s.  Don is also a 2016 Inductee into the Off-Road Motorsports Hall of Fame.  He may be reached via email at: damador@cwo.com