Carnegie Lawsuit Win Makes Local Press

Some of the Crew at the 2009 Carnegie Rally

Although the green’s attack on the CA OHV grants program continues to be a hot issue, a local newspaper did a story on the recent lawsuit settlement (a big OHV win) at Carnegie SVRA.

June 29, 2012 Tracy Press Article

http://www.tracypress.com/pages/full_story/push?article-Recreation+area+to+remain+open%20&id=19144209#cb_post_comment_19144209

What the story fails to highlight is that the plaintiffs had to pay about $500K of their own legal fees.

That is huge win for OHV since the courts often grant “paid in full” tax-payer funded legal fees to environmental lawyers.

This story draws attention to the fact that this country needs tort reform.  Here is a recent DOJ report that shows millions of dollars were paid to CBD – the main anti-OHV litigation firm in the country.

DOJ Report

http://naturalresources.house.gov/News/DocumentSingle.aspx?DocumentID=301242


PS - Here is another article with a green spin including sharp comments from Congressman John Garamendi's sister who lives next to the park and has fought to close it.
http://www.independentnews.com/news/article_edc89080-c15c-11e1-aae2-0019bb2963f4.html#.T-3A5SPaGL4.facebook
They too forgot to mention that the greens had to pay 500K of their own legal fees.

Thanks for your interest!

OHV Budget Update - Good News and BAD News

HQ Views on the CA Budget

The California Governor’s budget includes the proposal championed by the California Parks Foundation,  environmental activists,  and their supporters in government to gut the OHV-related local assistance grants  federal agencies, local parks, county sheriffs, and conservation projects. 

Although the Governor reduced the proposed transfer from $21 million dollars to $7 million dollars of OHV-related off-road fuel tax from the Motor Vehicle Fuel Account, he did not have the authority to override the legislature’s $10 million dollar grant limit. Numerous economically depressed rural counties had asked him to leave the OHV grants program intact.   Rural areas often have highly popular destination OHV recreation areas managed by the Forest Service and Bureau of Land Management.  Those units depend on the 40 year partnership with the California State Parks Off-Highway Motor Vehicle Recreation Division’s local grants program to help support recreation staff, maintain trails, restore damaged areas, and pay for law enforcement.

 

For almost 25 years a few extreme anti-OHV activists have worked to destroy the CA OHV Program with a special focus on banning grants to the Forest Service and BLM which provide most of the OHV recreational opportunity in the state.  It now appears they have succeeded.

 

The CA OHV Program was once regarded as a national model on how to manage environmentally responsible motorized recreation on public lands.  It now appears that it has become a poker chip in a high stakes political game between Democrats and Republicans.

Here is final veto message

The original proposal as passed by the legislature:

•             Provided a total of $41 million in new funding to state parks and changed the purpose of $13 million in proposed bond expenditures.

•             $21 million in Motor Vehicle Fuel Account

•             $10 million in Alternative and Renewable Fuel Technology Fund (CEC AB 118 program)

•             $10 million in State Water Pollution Control revolving Fund

$41 million TOTAL

 PLUS

 $13 million in bond money redirected to Parks for capital improvements

The VETO reduced the proposal as follows:

•             $7 million in Motor Vehicle Fuel Account

•             $3 million in and Renewable Fuel Technology Fund (CEC AB 118 program)

•             $0 million in State Water Pollution Control Revolving Fund (determined to violate the state/federal agreement)

$10 million TOTAL

 PLUS

 $13 million in bond money redirected to Parks for capital improvements (to increase park revenues)

HQ believes we could very well see this attack on the OHV grants program for several years.  Thanks to all of you who sent letters including Humboldt County and the OHV commission.

OHMVR Commission Letter to Gov. Brown

http://www.sharetrails.org/uploads/Eric-OHMVR-Commision-Budget-Letter-6-27-12.pdf

Humboldt County Letter

http://www.sharetrails.org/uploads/Humboldt_OHV_2012-06-27.pdf

Hang in there!

 

CA Trust Fund Raid On Major Sports Talk Radio

HQ’s Don Amador was on Bike Week Radio on June 24, 2012.  The main topic was the ongoing raid by the CA legislature of OHV fuel tax monies and the impacts it will have on the grants program and even the program in general.

Topics and themes included the CA Dems declaring war on the GOP and how OHV is being caught in a political perfect storm.   And, how other user-pay/user benefit programs are being hit and how important it is for all motorcyclists and OHV users to get engaged in the political process.

My introduction is at 28:20 – 29:49

Main segment is at 33:28 – 46:19

Link to Bike Week Radio Show

http://www.bikeweekradioshow.com/archive.html

We also mentioned how CA Parks Foundation is helping implement Karen Schambach’s long-time dream of decoupling the off-road fuel tax from the OHV program.   Assemblyman, Brian Jones, was also given props for being the lone voice on the Assembly Budget Committee who stood up against the raid.

Helmets off to Broc Glover and the rest of the gang at Bike Week Radio for having a segment on this important issue.  We also touched on the fact that there are positive pro-OHV efforts in the House of Representatives and how local counties are fighting back too.

Thanks for your continue interest and support!

PS- Be sure and send Broc Glover a note if you appreciate him having OHV access issues on the show…

Contact him at:  sales@bikeweekradioshow.com

 # # #  

Big OHV Victory - Court Dismisses Carnegie Lawsuit!!!

The Famous Carnegie Hoax Fish

(it's the only fish found in the creek)

The Recreation HQ is very happy to announce that the bogus lawsuit filed by hard-core anti-OHV groups during the Christmas Season of 2009 has been dismissed with prejudice by the courts.

BRC News Release (with link to Stipulation)

http://www.sharetrails.org/news/2012/06/22/roaders-win-against-lawsuit-close-bay-area-ohv-park

I know many of you attended the Christmas Rally in 2009 to help keep Carnegie open for families to enjoy during the Christmas/New Year’s Holiday.

HQ Blog on that 2009 Carnegie Fight

http://thegeneralsrecreationden.blogspot.com/2009/12/christmas-day-carnegie-update.html

HQ Blog with story of Christmas/New Year’s 2009 Fight and Rally at the Park

http://thegeneralsrecreationden.blogspot.com/2009/12/miracle-at-18600-corral-hollow-road.html

From what HQ hears from its S.F Bay Area legal sources is that Karen and Company got stuck with paying most of their own legal fees (about 500k).  What a change of course in our legal system when a lot of the time… the taxpayers get stuck with paying for all the tabs created by eco-lawsuits.

I wonder if the courts are being to smell the green  “Skunk at the Party” and are realizing that politically-based lawsuits have worn out their welcome in the legal arena.  Only time will tell.

HQ Blog on Green Skunks at the Party with their faux OHV groups  (great history lesson)

http://thegeneralsrecreationden.blogspot.com/2011/11/faux-outdoor-groups-have-no-place-in.html

Maybe the land-use political pendulum is swinging back to the middle.

Thanks to all for your continued support!

Wildfires and YOU

Scott Sinclair looking N. from the Smith River

NRA into S. OR in 2003 after the Biscuit Fire

Michelle Malkin’s excellent article on wildfires and the band-aid approach this administration (and others for that matter) have taken to address (or not address) fuel management (we used to call it logging) struck some very raw nerves with me today.

Malkin’s Article on Wildfires

http://www.news-press.com/article/20120621/OPINION/306210026/How-Obama-bureaucrats-fueled-western-wildfires

While extremely hot wildfires destroy human life, property, and our natural resources, they also impact public recreational use of federal lands.  I have seen wildfires destroy destination recreation areas … which are then closed to the public until they are reconstructed.   I wrote a 2003 article on the Biscuit Fire that impacted NW CA and S. OR.  which included a lot of areas that were “closed” to motorized access in order to “protect” them.  Some protection!

2003 Article on the Biscuit Fire

http://www.sharetrails.org/magazine/article/biscuit-fire-team-stealth-access-amp-big-lie

It seems right now that everything is upside down.   Growing up in Northern California in the 60s/70s, there were busy timber towns that employed a lot of people with well-paying jobs (I know because I worked in one of them).  Now those communities are ghost towns which are surrounded by federal timber land where the trees (and wildlife) are just waiting for the next wildfire to burn them.

I hope that I live long enough to see some common sense brought back into the environmental equation.   Resource management should be more than just installing a gate with a closed sign on it.

Thanks for your interest!

Recreationists/Loggers File Brief with Supreme Court

HQ wants to commend the joint effort by BRC, Cal4WD, and our good friends at the American Forest Resource Council for filing an amici curiae brief with the U.S. Supreme Court challenging the Clinton-Gore Roadless Rule.

BRC News Release with Link to Friend of the Court Filing (link to brief included in news release)
http://www.sharetrails.org/news/2012/06/19/recreationists-join-effort-bring-roadless-rule-high-court

As many of you know, BRC and partners have been engaged in the ongoing “Roadless Legal” fight since 2001.  For a quick overview of our fight since 2001…please click on the blog link below:

HQ Blog on 12 year fight on roadless issue

http://thegeneralsrecreationden.blogspot.com/2010/01/roadless-legal-update-new-brief-filed.html

HQ wants to thank all of you who have continued to support our efforts to fight against unreasonable politically motivated regulations that have nothing to do with management of our natural resources.

Amador County Sends Letter to Gov. Brown

BLM's Samoa Dunes on Trust Fund Raid Hit List

As the Governor and Legislature discuss the budget (behind closed doors) today, HQ wants to share another letter from county officials asking Governor Brown to oppose any raid on the OHV Trust Fund’s grant program.

June 14, 2012 Letter from Amador County

http://www.sharetrails.org/uploads/Amador_letter_OHV_Letter_of_Support.pdf

HQ wants to thank riders in other counties such as Humboldt County who are contacting their County Supervisors asking them to contact Governor Brown.

Please continue FAXing in your letters and letters from local government officials.

HQ Alert with FAX numbers and other info

http://thegeneralsrecreationden.blogspot.com/2012/06/hq-in-field-june-8-10-and-update-on-ohv.html

Keep up the pressure!

Continue Pounding the Gov. on OHV Trust Fund Raid

HQ wants to urge all CA public land users, related businesses, and other stakeholders to continue pounding the Governor’s Office with requests for him to line-item veto any raid on the OHV Trust Fund that would gut the local assistance grants program.

 HQ believes your efforts are going to be the key to stopping the raid.  We also applaud the many counties who in a bipartisan effort, in many cases, have written letters to Governor Brown asking him to spare the OHV grants program.

Here is a June 12 Letter from San Benito County regarding the trust fund

http://www.sharetrails.org/uploads/San_Benito_co_letter_to_gov.pdf

Please continue to FAX in letters using info from a recent Alert.

FAX Alert to Gov. Brown

http://thegeneralsrecreationden.blogspot.com/2012/06/hq-in-field-june-8-10-and-update-on-ohv.html

Thanks to all of you who have worked hard on this statewide all-hands-on-deck effort to SAVE our program.

New FS Rule Green Lights Road Ripping

HQ is extremely concerned about the new proposed Forest Service rule that would allow categorical exclusions (Cat Ex) for the aggressive decommissioning (e.g. road ripping) of public routes.

Article on Proposed Rule to Rip Roads
http://politicalnews.me/?id=14873&keys=ENVIRONMENTAL-REVIEWS-RESTORATION-FOREST

BRC Media Release on Proposed Rule (good read and lots of info)

http://www.sharetrails.org/news/2012/06/13/blueribbon-coalition-criticizes-us-forest-service-proposed-rule

According to one notorious anti-access champion as cited in an E &E article…”The new categorical exclusions appear less controversial than earlier proposals that sought to exempt certain tree removal projects from NEPA reviews, said Andy Stahl, executive director for the Forest Service Employees for Environmental Ethics.”  Hey Andy, how about cutting OHV some slack when it comes to designating historic "non-system" routes that have been used for decades and some even signed and maintained by the FS?

While some of the proposed cat ex’s for restoration work could be used to address OHV trail maintenance issues, HQ believes this new rule - with the usual lack of oversight from either the FS’s Washington Office or Regional Offices – basically gives the “green light” to Forests that are hell bent on the aggressive decommissioning of routes to go forth and rip.

One example of this is where the BRC et al filed a lawsuit which challenged the Smith River NRA’s road ripping (e.g. ground disturbing activities during the rainy season in the watershed of a wild and scenic river) without any NEPA process. 

BRC Lawsuit Challenging Road Ripping

http://www.sharetrails.org/news/2010/05/18/county-and-recreation-groups-challenge-illegal-road-decommissioning-northern-califor

Link to lawsuit

http://www.sharetrails.org/uploads/Turcke_Six_Rivers_Lawsuit_Orig_Filed_May2010.pdf

Another example of an overzealous unit when it comes to decommissioning of route is on the Gunnison NF in Colorado.

HQ blog with info on that Unit (letters, etc.)

http://thegeneralsrecreationden.blogspot.com/2011/09/road-ripping-hits-colorado-nf.html

HQ history of Road Ripping (letters and strategy of eco-groups)

http://thegeneralsrecreationden.blogspot.com/2010/05/road-ripping-is-coming-to-forest-near.html

The most recent example of a unit that focuses on road decommissioning is highlighted in BRC’s June 5 scoping comments on a proposed action that combines TMR with a large road ripping project.

BRC’s June 5, 2012 Scoping Comments on the Six Rivers NF/Smith River NRA Proposed Action

http://www.sharetrails.org/uploads/Tyrone_EIS_scoping_comments_6-5-12.pdf
 
 Stay tuned on this latest version of the road ripping saga...

GOOD NEWS - Comment Period for Carnegie SVRA Gen. Plan Extended til July 11

The Recreation HQ is very glad to announce the comment period for the Carnegie SVRA General Plan has been extended until July 11, 2012.  HQ believes the recent activity regarding the raid on the OHV Trust Fund along with a number of other public land access issues had a lot to do with the agency’s decision to extend the comment period.

Recently, I had the privilege to attend and present at the 2012 National Conference on Environmental Collaboration and Conflict Resolution in Tucson, Arizona.   Leadership and relationships with stakeholders were key tenets at that meeting.  I believe the Division has shown leadership by assessing the situation and listening to stakeholder groups who asked for an extension based on the flurry of issues impacting our sport.

Here is my Op Ed on Leadership from the 2012 ECR Conf.

http://www.sharetrails.org/story/2012/05/29/leadership-and-relationships-key-tenets-ecr-2012

Official Update from Division on Extension of the Public Comment Period

http://carnegiegeneralplan.com/announcements/5

HQ is working on a comment letter for BRC and QWR.

Please share with your networks.

HQ in the field June 8-10 and Update on OHV Alert

Before the Recreation HQ leaves for a few days in the field, it wants riders to remember that the California State Parks Foundation was the co-creator and champion of the effort to defund the OHV grants program.

Here is a quote from their recent newsletter

Budget

In late May the Legislature largely agreed on a funding proposal to help keep our state parks open. Dubbed the “Ongoing Sustainable Parks Proposal,” this plan includes some temporary transfers of funding from other programs to state parks and a direction for more innovation and efficiencies in parks management. This will now be part of ongoing budget deliberations.

Link to their plan

http://sbud.senate.ca.gov/sites/sbud.senate.ca.gov/files/SUB2/05232012Sub2Resources.pdf
 

Again, HQ to urges all affected parties (riders, govt. works, resource professionals, law enforcement, conservation groups, rural businesses, aftermarket, OEMs, and other OHV stakeholders) to FAX in letters today and get your friends and family to do the same.

This is an all-hands-on-deck alert.   I know many of you have already sent in letters to the legislature and the Governor… but do it again!

The new BRC alert with customizable letter is below:

BRC Alert Asking Gov. Brown to Line-Item Veto any Cuts to OHV Grants Program

https://www.sharetrails.org/alerts/2012/06/07/california--urgent-alert--immeditate-action-necessary-

BRC Link to Custom Letter Generator

https://www.sharetrails.org/issues/rapid-response-center

HQ is also asking you to take one more step and FAX your letter(s) to:

Governor Jerry Brown – (916) 558-3160

Resources Agency – (916) 653-8102

Please take time to have each one of your family members and friends work up a letter and FAX it in ASAP.   The fight is not over yet.

Thanks for your service!

All-Hands-On-Deck Letter Campaign to Gov. Brown ... and that means EVERYBODY

The Recreation HQ wants to urge all affected parties (riders, govt. works, resource professionals, law enforcement, conservation groups, rural businesses, aftermarket, OEMs, and other OHV stakeholders) to FAX in letters today and get your friends and family to do the same.

This is an all-hands-on-deck alert.   I know many of you have already sent in letters to the legislature and the Governor… but do it again!  We need letters from folks out-of-state who come and recreate in CA as well

The new BRC alert with customizable letter is below:

BRC Alert Asking Gov. Brown to Line-Item Veto any Cuts to OHV Grants Program

https://www.sharetrails.org/alerts/2012/06/07/california--urgent-alert--immeditate-action-necessary-

BRC Link to Custom Letter Generator

https://www.sharetrails.org/issues/rapid-response-center

HQ is also asking you to take one more step and FAX your letter(s) to:

Governor Jerry Brown – (916) 558-3160
Resources Agency – (916) 653-8102

Please take time to have each one of your family members and friends work up a letter and FAX it in ASAP.   The fight is not over yet.

Thanks for your service! (And yes, I faxed my letters in already)

Don

Eco Groups Oppose Raid on OHV Trust Fund

This Whole Thing Stinks!

As the CA Trust Fund War continues, HQ believes that it will be important for OHvers to eventually ask the Governor to veto/oppose any transfer from the OHV Trust Fund to the general fund or to other non-SB742 approved activities or uses.

HQ wants to commend Trout Unlimited and other conservation groups who joined with the OHV community in a joint letter (in a similar fight in NM) asking the New Mexico governor to veto any transfer of OHV funds to the general fund.

TU et al letter to NM Governor
http://www.sharetrails.org/uploads/Trust_Govenor_Martinez_re_NM_OHV_Trail_Safety_Fund.pdf

HQ does not believe there is broad support among mainstream environmental or conservation groups for the California Parks Foundation’s plan to steal OHV Trust Fund monies that will gut the local assistance grants program to our local, county, federal, and NGO partners.

HQ also wants to commend CA counties like Kern County who have sent letters in opposition to raiding the OHV Trust Fund.

Kern County Letter

http://www.sharetrails.org/uploads/trust_LEGGEN_OHV$_raid_kernleg_5-29-12_2.pdf

HQ wants to thank all of you (including environmental groups) who have made phone calls, sent letters, and even made personal visits to your state legislator.  Stay tuned as there will be additional alerts as this fight is not yet over.