BLM Presents Clear Creek Decision to San Benito County - Routes, Fees, and Gates

The Recreation HQ continues to be concerned about the national precedent being set by the BLM’s Record of Decision (ROD) to severely limit public access – including the functional elimination of historic OHV use - on the Clear Creek Management Area.

HQ believes the ROD could set a potentially dangerous administrative and/or legal precedent which could be cited by anti-multiple use (ranching, mining, agriculture, OHV, etc.) interests as the model by which to restrict or ban public uses on federal or state lands if even a non-proven hint of a dangerous substance (remember that CO2 has been classified as a pollutant) is found on said lands.

BLM's, Rick Cooper, Presents Plan to the Board

The Hollister Field Office Manager, Rick Cooper, gave a PowerPoint presentation to the San Benito County Board of Supervisors today detailing a rather complex fee/permit structure, limited route network, and plans to install gates on the main county roads.  He did state that his office has been working with the OHMVR Division on potential solutions.

The BOS and most stakeholders were most taken back by the proposal to install gates on the county roads.  After much discussion, Mr. Cooper, agreed to meet with county counsel to discuss options such as the county filing a formal RS2477 assertion to help address the gate/road issue.

At the OHMVR commission meeting last week, the BLM representative stated that the agency would not object to the county filing a RS2477 claim.

BRC and the county vowed to continue to remain engaged in the administrative process by filing an appeal by the March 14 deadline.

At the close of the Clear Creek agenda item, BOS chairman, Jerry Muenzer, told the public that in his view the most viable option to restore historic public access and OHV recreation to the area was for the passage of H.R. 1776.  He urged the public to send in letters of support to their Congressional representatives.

Link to BRC alert on ROD and HR 1776

http://www.sharetrails.org/news/2014/02/12/clear-creek-returns-recreation-spotlight

HQ wants to thank all of the users who showed up today to voice or show their support for the ongoing efforts to restore historic OHV recreation and other uses to the Clear Creek area.

BREAKING NEWS - County Votes to Petition Congress to Designate Clear Creek as NRA

                                                   

The Recreation HQ is proud to announce the San Benito County Board of Supervisors voted today 5-0 in favor of a Resolution to petition Congress to designate the Clear Creek Management Area as a National Recreation Area.


HQ’s Don Amador gave a presentation regarding the need for Congress to step in and bypass the local land manager when he/she is not acting in the best interest of the public. Besides Amador, a number of OHV recreationists and a local newspaper owner stepped up to the podium and supported the County’s effort to champion access on behalf of their constituents.

Chairman Margie Barrios also cited the many campgrounds the Hollister Field Office had ripped out over the last several years and the recently constructed multi-million dollar taxpayer-funded “decontamination center” as prime examples of government waste.

Link to blog (with photo) of 1.7 million dollar boondoggle
http://thegeneralsrecreationden.blogspot.com/2010/01/jan-14-clear-creek-meeting-blm-and-epa.html

HQ believes access champions have taken one giant step in this long journey. Certainly the trail will be rough over the next few years while efforts are made to have Clear Creek designated as a National Recreation Area. However, it is a journey that all of us should be prepared to take.

PS - I plan to post the Resolution once the county publishes it and provides a link. Based on the comments by the county supervisors, I expect it to reflect the appropriate NRA related land management tenets in my July 22 Congressional testimony.



Oct. 4 - County May Petition Congress to Designate Clear Creek as National Recreation Area

HQ fired up its electronic communications center today to issue a rare weekend update on an important issue. On October 4, the San Benito County Board of Supervisors will listen to BRC’s Don Amador’s request to have them consider a resolution asking Congress to designate the Clear Creek Management Area as a National Recreation Area.


County Agenda for Oct. 4 Meeting (Clear Creek is #16)
http://cosb.us/wp-content/uploads/BOS-1004111.pdf

As many of you know, Amador testified before a House Subcommittee on June 22, 1011 regarding the ongoing closure of Clear Creek. At the end of his testimony, he recommended that Congress bypass the Hollister Field Office and designate CCMA as a National Recreation Area declaring as open the routes and areas highlighted in the HFO’s 2005 Travel Management Plan.

June 22, 2011 link to Video of Oral Testimony and Written Testimony with Exhibits
http://thegeneralsrecreationden.blogspot.com/2011/06/hq-post-congressional-hearing-update.html

Over the last few months it has become abundantly clear the HFO intends to continue citing EPA’s junk science as the reason to permanently ban historic OHV use at the Creek.

ABC TV Story on Clear Creek Makes Case for NRA Designation

http://thegeneralsrecreationden.blogspot.com/2011/09/abc-news-story-on-clear-creek-epahfo.html


In April 2010, the County took bold action and declared their roads open for public use in Clear Creek based requests from the voters for local government to defend their access rights. Once again, the County will be asked to step into the breach and champion the rights of local citizens to use and enjoy public lands.

Link to County Reopening Roads
http://thegeneralsrecreationden.blogspot.com/2010/04/san-benito-county-votes-to-reopen-roads.html

I hope to see many of you there. If you cannot make it to the meeting, HQ asks that you give us moral support in our collective efforts to reopen Clear Creek.

ABC NEWS STORY on CLEAR CREEK - EPA/HFO Makes Case for NRA Designation

Many riders watched the ABC feature story last night regarding the ongoing closure of the Clear Creek Management Area to all users. A big HQ salute is given to local off-road advocate Ken Deeg for telling his story to the reporter. As far as mainstream media coverage goes for OHV recreation, HQ believes the story scored an 8 out of 10.


ABC Video and Article on the Closure of Clear Creek (must watch video)
http://abclocal.go.com/kgo/story?section=news%2Fassignment_7&id=8363558

What struck HQ the most out of the whole video were statements made by EPA and Hollister Field Office officials. Just as Don Amador stated in his June 22,2011 testimony before a Congressional Subcommittee hearing in DC, EPA/HFO continue to give their agencies a black eye by showing their collective intent to permanently close or severely restrict OHV recreation at Clear Creek.

Blog with Video of Amador’s June 22 Testimony, link to IERF study, etc.
http://thegeneralsrecreationden.blogspot.com/2011/06/hq-post-congressional-hearing-update.html

While CA state parks spokesman, Phil Jenkins, did a great job sharing the OHV Division’s perspective on the issue and risks associated with high risk sports such as OHV, swimming at public beaches, rivers, and lakes, rock climbing, and snow skiing, HQ believes that ABC should have also interviewed one of the scientists from IERF.

As you know, on March 22, 2011 a report was completed by scientists from the International Environmental Research Foundation (IERF), the Department of Physics at Harvard University, and the Center for Applied Studies of the Environment at the City University of New York.


According to that new and scientifically valid report, “…the [health]risk at Clear Creek is similar to the lifetime risk of death from smoking less than one cigarette over a one year period. They noted other recreational activities, such as swimming, hiking, and snow skiing are over a 100-fold more dangerous.

In summary, EPA/HFO’s statements in the ABC story only validated and strengthened Amador’s June 22 recommendation to Congress that they should consider bipartisan legislation that designates the 70,000-acre CCMA as a National Recreation Area with OHV recreation and other multiple-use recreational activities codified as “prescribed uses.” Congress could designate as “open” all 242 miles of routes and 400 acres of open areas identified for motorized use in the 2005 CCMA Travel Management Plan.

HQ believes HFO/EPA have lost their objectivity and credibility during the CCMA debate by inserting  junk science and their personal political agendas into the decision-making process. Every day that CCMA remains closed to public use means that Congress is one day closer to deciding the future of Clear Creek by designating it as a National Recreation Area.

New Interior Economic Report Scrubs OHV Recreation

Last week, I testified before the House Subcommittee on National Parks, Forests, and Public lands about the Hollister Field Office obliterating all evidence that OHV recreation had existed at the Clear Creek Management Area. And, the unit had even scrubbed all OHV symbols from their main website.


In 2005, the Forest Service published a recreation report that stated approximately 23% of Americans participate in some form of OHV recreation each year.

2005 FS Recreation Report (a good and informative read)
http://www.fs.fed.us/recreation/programs/ohv/OHV_final_report.pdf

Just as Obama’s Great American Outdoor program failed to reference or acknowledge that OHV recreation even existed, Interior’s newly published Economic Report failed to reference OHV recreation. The Report failed to acknowledge that OHV recreation is an important element of the recreation opportunity spectrum and is also an important economic multiplier.

Interior’s June 21 New Economic Report (sans OHV)
http://www.doi.gov/news/pressreleases/upload/DOI-Econ-Report-6-21-2011.pdf

June 22 SLT Article (no mention of OHVs - guess all those wheelers at Moab don't count)
http://www.sltrib.com/sltrib/money/52057632-79/million-economic-jobs-report.html.csp


In HQ’s opinion, this Interior report has little if any credibility. By ignoring the huge off-road aftermarket (custom shops, parts, wheels, tires, etc.) and industry (4WDs, dirt-bikes, ATVs, RVs, trailers, and UTVs) and service industry (hotels, food, restaurants, fuel, etc) – the report ends up being nothing but a propaganda tool used to champion the agency’s non-motorized political agenda.

HQ supports both non-motorized and motorized recreation. Hiking, fishing, biking, and other uses are important. But what Interior has done is try the old divide and conquer techniques that at the end of the day are ineffective. Again, this report only serves to daylight the administration’s non-motorized political agenda.

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CA OHV Commission Sends Letter to Congress on Clear Creek

As many of you know, the OHV commission held a hearing on April 5, 2011 in Hollister to discuss many issues - but the focus of the meeting was to daylight the new OHMVR Asbestos Study that was released on March 22, 2011.


BRC Letter to OHV Commission for April 5 Hearing
http://www.sharetrails.org/uploads/Hollister_CCMA_BRC_Comment_Letter_April.5.20110001.pdf

After a lot of public testimony, the OHV commission voted to send a letter to Congress expressing their views on Clear Creek.

HQ has obtained copies of a June 21, 2011 letter that was sent by the OHV Commission to the House of Representatives and the U.S. Senate.

June 21, 2011 OHV Commission Letter to the House
http://www.sharetrails.org/uploads/Commission_CCMA_Letter_House_June_21.20110001.pdf

June 21, 2011 OHV Commission Letter to the Senate
http://www.sharetrails.org/uploads/Commission_CCMA_Letter_Senate_June_21.20110001.pdf

HQ agrees with the tone and direction of this OHV Commission letter where in its summary it states the continued and proposed permanent closure of CCMA does not appear to be supportable nor in the best interest of the public.

HQ believes this OHV commission letter only strengthens the points made during Amador’s testimony/exhibits about the HFO/EPA’s flawed decision-making process and how that process - based on junk science and personal agendas – was designed to create a defacto-Wilderness area at Clear Creek.

Amador will request this OHV commission letter be added to Exhibit C in his written testimony.
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HQ Post Congressional Hearing Update with Video Links and Overview

Photos Shown During Amador's Oral Testimony on Big Screen in Hearing Chamber

The Recreation HQ knows that a lot of you have already viewed the video and reviewed testimony from the hearing on Recreational Opportunities held on June 22, 2011 by the House Subcommittee on National Parks, Forests, and Public Lands. A number of noted OHV and recreation panelists gave testimony and/or were questioned by committee members on the following topics; economic impacts of recreation, cost recovery, permitted events, volunteer programs, budget issues, management priorities, travel management, and Clear Creek.

HQ believes that this hearing was extremely important for the recreating public, Congress, and the agencies. It is well worth your time to view the entire video and review the testimony of various witnesses. The CCMA/Amador testimony starts at 1:04:50 and the CCMA (including some TMR questions) Q&A starts at 1:19:58.

Link to June 22, 2011 Subcommittee Hearing and Testimony and Video
http://naturalresources.house.gov/Calendar/EventSingle.aspx?EventID=246553

Many of you know that my testimony was focused on Clear Creek and the efforts by the Hollister Field Office and EPA to continue to use junk science and personal agendas to create a defacto-Wilderness area and erase all evidence of OHV recreation that once existed on the unit.

HQ believes it was important that Congressman John Garamendi attended the hearing to represent the minority. As a former Deputy Secretary at the Department of Interior he is very aware of the Clear Creek issue. As you watch the Q and A you will hear him state that he supported the original emergency closure but was confident that the new science (IERF Report) and pressure from access interests would result in a formal hearing on Clear Creek.

Link to Amador’s Written Testimony

http://naturalresources.house.gov/UploadedFiles/AmadorTestimony06.22.11.pdf

As part of my oral comments, I requested that the following exhibits be placed in the record.

Link to Amador’s Exhibits (21 pages)
http://www.sharetrails.org/uploads/testimony-amador-exhibits-abcde-06-22-11.pdf

For those of you who want to have YouTube links to just the CCMA testimony and Q&A, I have provided the clips below:

Amador Testimony on CCMA
http://www.youtube.com/watch?v=5jb1egLBYJk

Q&A on CCMA (and some TMR)
http://www.youtube.com/watch?v=E7uZYR1JK_0

HQ believes that OHV recreation is coming of age and making history this year via efforts by pro-access legislators who are addressing trail specific issues such as TMR, permitted events, level 3 roads, and Clear Creek. Chairman Bishop and his committee members should be commended for their hard work on behalf of the recreating public.


HQ also wants to thank all those who have worked hard in the fight to reopen CCMA. Also, the OHV commission should be commended for having the foresight to ask OHMVRD to commission a study regarding potential health risks from NOA. HQ believes that determined riders combined with new science and interest from Congress will greatly increase the chance of CCMA being reopened (or designated open by Congress) for OHV recreation.

PS – I enjoyed the discourse with Chairman Bishop regarding how people from Utah and Humboldt County pronounce “creek.”

Your feedback, comments, AND support are welcome as always.

BLM/EPA Weighed in Scales and Found Wanting at Hollister Meeting

SRMC Member Points to CCMA Trails

Based on feedback from riders and club representatives who attended the OHMVR Commission meeting in Hollister yesterday, the BLM and EPA were weighed in the scales and found wanting. Very disappointing when riders showed up to view federal integrity and accountability and found none of those virtues on display.

HQ commends all those who showed up and continued to challenge the faulty science (even the BLM/EPA have said there were uncertainties from the beginning) used by the BLM as a poor excuse to effect the largest landscape level closure of its kind in U.S history.

HQ also commends the OHMVR Commission for voting (and showing accountability and integrity) to send a strong letter to Congress, elected officials, and government agencies. Among a number of questions, they will ask about the BLM/EPA’s continued determination to base the ongoing closure on flawed science and how that unexplainable stubbornness -- in the face of new science -- complies with the March 9, 2009
Presidential Memo on Scientific Integrity.

April 5, 2011 BRC Letter to OHMVR Commission
http://www.sharetrails.org/uploads/Hollister_CCMA_BRC_Comment_Letter_April.5.20110001.pdf

March 2009 Obama Memo on Scientific Integrity
http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-Executive-Departments-and-Agencies-3-9-09/

Hollister Newspaper Article (good article)
http://www.freelancenews.com/news/274345-clear-creek-study-asbestos-dangers-can-be-prevented

HQ believes it may be time for the OHV leadership in CA to consider a “vote of no confidence” for the BLM/EPA line officers that have failed to properly discharge their duties.

The BLM/EPA can save their credibility if they just come out and admit they made a poor decision. BLM could accept the new science and reopen CCMA to historic OHV use if they wanted to. The ball is in their court.

CCMA Update - Closure Order Still in Effect after May 1

The Recreation HQ has heard that some riders believe that they can ride on BLM lands at Clear Creek after May 2 because emergency closures generally are for two years or less unless they are tied to a planning effort.

Regs on Emergency or Temporary Closures
http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2010/IM_2010-028.html

Unfortunately for riders who want back into BLM lands in CCMA before the planning process is over, the emergency closure order is tied to the ongoing planning effort and stays in effect until that planning process is concluded.

Federal Register Notice for CCMA Closure with Reference to Planning
http://www.sharetrails.org/uploads/Fed_Register_May_1_20080001.pdf

The General understands the frustration of the riding community and is himself disgusted with the behind the scenes dealings and apparent effort of the Hollister Field Office to permanently eliminate OHV recreation on lands within their jurisdiction.

See 2006 BRC HFO RMP Comment Letter Asking for more OHV Opportunity on Lands Outside of CCMA
http://www.sharetrails.org/uploads/Holllister_Field_Office_DEIS_Jan_5_2006_BRC_comments0001.pdf

The Recreation HQ believes that the OHV community by working with the county and elected officials in an honest and collaborative manner are making a big difference in the fight to reopen CCMA. Please continue to obey the closure order and ride only on the 25 miles of county roads that have been opened for street-legal vehicles.

The battle for CCMA continues.

Clear Creek Update - OHV 24 - BLM 21

The General is glad to be back at the Recreation HQ after spending the last 6 days in the field attending meetings and doing some recon.

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PHOTO: This is the warning sign for swimmers at Orick Beach in the Redwood National Park. Note that the Park is keeping count of the people who have died swimming since 2004 (click on photo to enlarge). This is what the BLM should do at CCMA - simply post signs and publish concerns on the visitor maps

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April 19 marked the end of the 45 day extension of the public comment period for the Clear Creek DEIS. The Recreation HQ believes we may have turned the corner in the battle to reopen CCMA to historic OHV use when the San Benito County BOS voted to reopen 25 miles of county roads in the unit and send letters to the BLM in support of Alt. A.

Background info on BOS vote and WND Article
http://thegeneralsrecreationden.blogspot.com/2010/04/off-roaders-blamed-for-county-vote-to.html

The Recreation HQ wants riders to have copies of the BRC Legal and BRC Western Rep. comment letters that were submitted on March 4,5 and April 19. Note that BRC brings up the faux liability issue (among other issues) and demands the DEIS be withdrawn and/or a supplemental DEIS be issued.

Faux Liability Issue
http://thegeneralsrecreationden.blogspot.com/2010/03/faux-liability-issue-at-ccma.html

March 4, 2010 BRC Western Rep. Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_BRC_revised_comments_3.4.100001.pdf

March 5, 2010 BRC Legal Dept. Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_Turcke_comments_3-5-10.pdf

April 19, 2010 BRC Legal Dept. Supplemental Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_Turcke_Comments_Supplementa_4-19-10.pdf

If the CCMA battle was a football game, the Recreation HQ believes that we are in the 3rd quarter and the score is now OHV 24 HFO 21. Just what the score will be at the end of the game has yet to be determined. That score will depend on your continued efforts to reopen the area.

The General looks forward to riding on the reopened roads once the signs are installed by the county works department.and riding on the OHV trails once CCMA is reopened.

CCMA Update - The General is at San Benito County BOS Meeting Today

The Recreation HQ will be closed today as The General (on behalf of BRC) will be testifying at the April 6, 2010 San Benito County Board of Supervisors meeting in Hollister, CA at 1:30 p.m.

The Board will consider a vote to reassert their jurisdiction on 25 miles of county roads in the Clear Creek Management Area. Currently, the BLM is claiming management authority over these historic county roads. A vote in the affirmative will be a big victory in the ongoing battle to reopen CCMA for historic OHV and other uses.

The Board will also consider a vote regarding if they will send in a comment letter and what directions they will give staff about the content of that letter. BRC is asking them to support historic OHV and other uses in CCMA.

See April 6, 2010 BRC Comment Letter to the San Benito County BOS
http://www.sharetrails.org/uploads/San_Benito_County_BOS_Meeting_BRC_Letter_April-60001.pdf

Finally, BRC believes the county may find the BLM violated the public trust as well as over stepping their jurisdictional bounds regarding the county road issue and the agency’s trampling of private property rights. The county could request the BLM withdraw the DEIS because if it’s fatal flaws and direct the agency to reopen CCMA post haste.

The General is expecting a large turnout at the Hollister meeting today. He hopes to see many of you there.

Thanks for your service!

Rural County Government is 1st Line of Defense in Access Fight

As more federal and state lands are being closed to public access, many riders are turning to their elected county officials as a last resort in our collective battle to fight trail closures on Forest lands or challenge plans that ban OHV routes at Clear Creek.

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PHOTO: The famous Usal Road on the coast in Mendocino County (this road is on the Lost Coast DS Ride). These types of signs could go up on the county roads in Clear Creek.
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In contrast to the aforementioned paradigm, The Recreation HQ strongly believes that our elected county officials are really our 1st line of defense against closure oriented federal land use plans that impact the residents of the county or folks that visit the area.

Tomorrow’s vote by the San Benito County Board of Supervisors to reassert its historic jurisdiction of 25 miles of county roads in the Clear Creek Management Area and preserve those roads for public use could be a Seminole moment (if they vote in the affirmative) in the access fight here in CA.
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Hollister Freelance Article on County Reopening Roads at Clear Creek
http://www.freelancenews.com/news/264523-county-might-reopen-blm-roads-for-owners-access

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Info on San Benito County BOS Meeting tomorrow at 1:30 pm in Hollister
http://www.san-benito.ca.us/agendas/documents/10.04.06.pdf

AFTERNOON SESSION 1:30 P.M.

PLANNING DEPARTMENT – A. Henriques: 24) Review staff report, and draft comment letter to the Bureau of Land Management Clear Creek Environmental Impact Statement (EIS) and provide comments and direction to staff.

PUBLIC WORKS DEPARTMENT – S. Wittry: 25) Adopt a Resolution to re-open unmaintained County roads upon the installation of appropriate information signage referencing a potential for human health risks within surrounding terrain in the BLM Clear Creek Management Area; and direct staff to maintain quarterly inspections of signs in the area.

Tomorrow is also important in CA’s access fight because elected officials and users will be holding a rally in Redding, CA to protest the proposed closure of 800 miles of single-track OHV trails in the Shasta Trinity National Forest’s Travel Plan’s Record of Decision.

Info on Redding Rally Against FS OHV Trail Closure
http://www.reddingdirtriders.com/News_View.aspx?Articleid=52

Colusa County is also taking a stand against Obama’s National Monument Agenda for the Stonyford OHV Area (see blog with links to county letter)
http://thegeneralsrecreationden.blogspot.com/2010/03/obama-outdoors-interview-and-access.html

As OHVers are in a fight for their lives regarding continued use of historic motorized travelways on federal lands, riders should continue to engage their elected county supervisors and have them join and champion our just cause.

Faux Liability Issue at CCMA

Reading an article today of the growing “body count” at California beaches from recreationists who have drowned reminded The Recreation HQ about its March 26 blog where it talked about how the BLM (and other federal and state land agencies) simply post warning signs and use educational outreach to inform users about safety or health issues while recreating on public lands.

March 30 San Mateo County Times “Body Count” Article
http://www.insidebayarea.com/ci_14789491?source=most_viewed

See March 26 Blog with Photo of Beach Warning Sign
http://thegeneralsrecreationden.blogspot.com/2010/03/riders-want-back-in-at-clear-creek.html

In BRC’s March 5 CCMA DEIS comment letter, BRC stated it believed the BLM, by closing CCMA and/or restricting or banning OHV use there in the future, has created an agency liability where none currently exists. Again, warning signs and educational outreach are an accepted and widely used prescription to address health and safety issues on public lands.

The obvious answer to the CCMA issue is for the BLM to simply review signing and educational outreach plans currently being used by its own agency or sister land agencies to address health and safety issues. An informed public can then make up its mind if they want to use the area just as they do while swimming at beaches or climbing cliffs in a park.

Unlike the beach issue where a body count is being kept by government officials, the Hollister Field Office continues its search to find even one “body” over the last 100 years of use at CCMA. Rather than continue its search for that elusive dead OHVer, the HFO should remember its congressional mandate is to provide multiple-use of public lands and not set itself up as a nanny-state agency where unelected bureaucrats issue unpopular and unwarranted edicts from behind a desk.

Congressman Sam Farr Weighs Into Clear Creek Fight

The General wants to thank Congressman Sam Farr for weighing into the Clear Creek issue on behalf of the recreation public.

PHOTO: A check point at a Wildboar Enduro at Clear Creek

See March 4, 2010 Letter from Cong. Farr to the BLM
http://www.sharetrails.org/uploads/CCMR_Letter_March_10_scan.pdf

The Recreation HQ wants to thank the local voters who contacted Congressman Farr’s Office and advised him on this issue. Mr. Ed Tobin, for one, has worked hard to keep the Congressman informed and has had at least one meeting at Farr’s Office regarding CCMA.

Stay tuned as a lot of folks are working hard to secure a 90-day extension on the public comment period.

Thanks for your service!

NATIONAL CALL TO ACTION - Send Letter Today to Save Clear Creek

The Recreation HQ is issuing a national CALL TO ACTION and asking riders and other public land interests throughout the country to send a loud and important message to the BLM that OHVers want valid science to be used in the decision-making process and not the fatally flawed 2008 EPA Asbestos Risk Assessment.

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PHOTO - Help Give the CCMA DEIS The Boot!
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Also, The General is concerned the BLM risks creating a new and arbitrary “health risk paradigm” at CCMA that is unwarranted and in fact actually creates a liability for the agency at CCMA and other recreation sites (naturally occurring asbestos is in 43 counties in California) where none has historically existed. Via the Federal Tort Claims Act, Congress has indemnified the agency as long as the land manager informs the public (usually through signing prescriptions and educational outreach) of the health or safety risks. Why has the BLM’s Hollister Field Office selected this unwise pathway? It looks like the Hollister Field Office has opened a legal “can-of-worms.”

If there is one action item you do this week, The General believes it should be sending a letter (you can use the BRC’s letter generator linked below) to the BLM by the end of business on March 5, 2009. DON'T FORGET TO ASK THE BLM TO INCLUDE YOUR COMMENTS IN THE PUBLIC RECORD!

Please fwd the BRC alert with letter generator to your OHV rider email lists and/or business networks. The General remains committed to trying to reopen “The Creek” for historic OHV use. Be sure and add a paragraph detailing your history and interest in CCMA. Equestrians, mountain-bikers, and gem collectors who value public land access can use this letter generator as well.

BRC’s Action Alert with Letter Generator
http://www.sharetrails.org/letters/letter.php?id=50

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Link to OHMVR Commission Letter

http://www.sharetrails.org/uploads/CCMA_Com_Letter_3-2-10.pdf

Send this letter TODAY. This is one battle we must win in OHV Wars. I don’t want OHV to meet the same fate as my good friends in the forest products industry did during the Timber Wars in the 1990s.

--- The General