MUST WATCH OHV TV - Video from Congressional Hearing on Clear Creek - H.R. 1838

Don Amador (L) and Ed Tobin (R) Riding

at Clear Creek before the 2008 Closure

The Recreation HQ has fired up its alert system in regards to yesterday’s House Subcommittee on Federal Lands hearing on two very important OHV-related legislative initiatives.  Those two bills are H.R. 1838, the Clear Creek National Recreation Area and Conservation Act and H.R. 3668, the California Minerals, Off-Road Recreation, and Conservation Act.

For this update, HQ will focus on highlights and key testimony/discussion related to H.R. 1838.  Understanding that folks have limited time, the HQ has noted key times and discussion themes.

This is a must watch video for all of us who have been engaged in efforts to reopen Clear Creek to OHV use.

00 – Chairman Tom McClintock and Ranking Member Debbie Dingall

06:49 – Cong. Sam Farr (history of issue, assumption of risk, OHV commission, economic hit to local business, thanks CA’s odd couple, Tobin, and Ron the Townhall King, etc.

023:50 – Cong.  Sam Farr (wild and scenic rivers)

025:15 – Cong. Sam Farr (assumption of risk, closure is unacceptable)

035:29 – Cong. Jeff Denham (public land should be open for public use, user fees to support mang)

036:21 – Cong. Sam Farr (discusses user fee program to support mang)

037:12 – Cong. Jeff Denham (values local support, etc.)

RECESS

1:25 – Cong.  Tom McClintock (assumption of risk, use of public lands)

1:27 – Kristin Bail/BLM (BLM’s position on the bill and reasons for closure)

1:38 – San Benito County Supervisor, Jerry Muenzer (risk models, economic import, support for bill)

1:43 –  Chairman McClintock (questions Muenzer on closure)

1:44 – Chairman McClintock (questions BLM on closure, hx of serpentine in CA, etc.)

1:48 – Cong. Sam Farr (expresses concerns about BLM’s decision to close and need to find a way to manage the unit for OHV and access)

1:48:46 –Cong. Doug LaMalfa (questions BLM on risk assessment)

1:51 – Cong. Doug LaMalfa (questions Muenzer on EPA and 40 years of no health cases at Clear Creek)

1:53 – Cong. Bruce Westerman (talks about closures being a national issue, need to create access for youth and not create obstacles)

2:04 -  Cong. Tom McClintock (closing remarks about closures being an important issue)

LINK to VIDEO

http://naturalresources.house.gov/videos/?VideoID=ZpUG0f-KhT0

The HQ wants to thank all those involved in supporting this 8 year effort to reopen Clear Creek to managed OHV recreation.  BIG THANKS for not giving up. 

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…

New CA OHV Division Asbestos Study Shows Clear Creek Closure is Bogus

A Poster Users Made at Coalinga Meeting to Highlight Agency Bias Against OHV Use

The Recreation HQ is proud to announce that the OHV Division has released a long anticipated independent study on the impacts, or lack thereof, of naturally occurring asbestos on OHV users riding at Clear Creek.

March 23, 2011 - OHV Division News Release with Link to Asbestos Study
http://ohv.parks.ca.gov/

March 23, 2011 – BRC News Release on OHV Asbestos Study
http://www.sharetrails.org/releases/?story=728&filter=media

HQ believes this report validates the OHV community’s concerns that the closure at CCMA was politically motivated and was a gross abuse of federal power by a government agent.

HQ blogged back in Jan. 15, 2010 that the BLM and EPA should be ashamed of themselves for foisting an unwarranted 70K acre landscape level closure on the American People.

Jan. 15 Blog with Links and Stories
http://thegeneralsrecreationden.blogspot.com/2010/01/jan-14-clear-creek-meeting-blm-and-epa.html


HQ believes this closure has caused great harm to local users, businesses, and the community. OHV dealerships have closed. There is no excuse for this behavior and this abuse of power by government officials should be the object of a Congressional inquiry or hearing. Rick Cooper, the BLM Area Manager, told me on several occasions that he made the decision NOT to review options or management tools that would allow for CCMA to remain open. As the report states, there are many activities that occur on public lands that are far more dangerous. Yet, you have a government official that went out of his way to exclude any options to keep CCMA open.


HQ believes this issue has gone beyond the Hollister Field Office and will most likely be addressed by BLM Director Bob Abbey with input from county officials, OHV users, recreation organizations, gem collectors, Congress, and the OHV Division.

Stay tuned for more updates, as it appears the CA OHV Commission will have a hearing on this issue on April 5 in Hollister, at the Veterans' Hall on 649 San Benito Street just a few blocks from the San Benito County Board of Supervisors Office. The county officials have been real heroes in this fight as well.

April 7, 2010 Blog about County Voting to Reopen Roads in CCMA
http://thegeneralsrecreationden.blogspot.com/2010/04/san-benito-county-votes-to-reopen-roads.html

HQ thanks all who worked tirelessly on this issue since May 2008. It has been, and will continue to be, a tough fight. It is an effort worth the battle. There is only one Clear Creek and we want it reopened to OHV use - Period

Jan 14 Clear Creek Meeting - BLM (and EPA) Should Be Ashamed

As more OHVers become interested in the fight to keep public lands open for motorized recreation, I wanted to share a rather ugly side of the battle to reopen the Clear Creek Management Area (CCMA).

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Photo: New 1.7 million dollar BLM decontamination center being constructed while area

is closed and could remain closed - people are asking, "What the hell is going on?

Tobin's blog on multi-million dollar structure:

http://salinasramblersmc.org/tobin/blog/thomas_meagher.htm

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Last night, over 300 members of the recreation community attended a public meeting for CCMA’s DEIS to voice their anger at the closure.

Ed Tobin, spokesman for the Salinas Ramblers Motorcycle Club said it best in the TV clip below – “The BLM (and EPA) should be ashamed of themselves.”

News Story and TV Clip from Hollister Meeting
http://www.kionrightnow.com/global/story.asp?s=11827197

Both The General and Tobin believe the closure is politically motivated and based on threats by anti-OHV interests to file lawsuits if the BLM does not close the area to OHVs. The following correspondence between EPA’s Jere Johnson (she is quoted in above article and is on TV clip) regarding the uncertainty of their study and the BLM basically asking them to remove a section from the draft EPA report substantiates our concerns.
****************************************************************************
BLM/EPA correspondence from BRC FOIARick Cooper/CASO/CAIBLM/DOl

To Arnold Den/R9/USEPAJUS@EPA, Jere Johnson
cc Karl Ford/NOC/BLM/DOl@BLM
04/11/2008 01:42 PM
bcc Janet BedrosianfCASO/CNBLM/DOl

Subject Uncertainty in model

Jere and Arnold,

Just reading through the executive summary. The last paragraph places some doubt as to the adequacy of the model used. The risks could be lower or 0. I am aware that EPA has been consistent in mentioning this and it was in the previous draft.

Uncertainty related to the toxicity parameters of the risk assessment includes the application of the IRIS and OEHHA asbestos toxicity models, which were developed from epidemiological studies of occupational exposures, to infrequent and episodic recreational exposures. This uncertainty could mean that the actual risks could be much lower than those estimated in the CCMA assessment and perhaps zero. Another uncertainty, adjustments for early-lifetime childhood exposures, could mean that the actual risks are higher than those estimated in the report.

I am sure BLM will be asked “why make an emergency decision on a model that may not accurately portray the risks to the public?” The basis for the decision is the model’s depiction that most of the activities exceed the acceptable risk range of 1 in 10,000.

Any thoughts on a response

Rick Cooper
Field Manager
Hollister Field Office
20 Hamilton Court
Hollister, CA 95023
phone: (831) 630-5010
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The Recreation HQ thanks everybody for holding their nose while attending these public meetings – the odor of foul play is really more than some of us can stand. I know a lot of these BLM employees and I am sure that many of them are not proud of their agency either. Let’s work to see CCMA reopened and hopefully our good relationship that once existed between users and the agency is restored.