Donstradamus Predicts Flood of Planning Rule-based Eco-Lawsuits

Donstradamus

After watching BRC’s Greg Mumm and other panelists testify at the House Subcommittee on National Parks, Forests, and Public Lands hearing yesterday, I got a sick feeling that I just witnessed the agency’s ill-advised commitment to yet another planning boondoggle similar to the 2005 Travel Management Rule.

To address my nausea, I went online to order some Pepto-Bismol but I got a note back that all lines were busy since it appears that most of the environmental law firms in the U.S. were ordering truffles from France, blowfish from the Pacific, walrus blubber from the Far North, and beluga caviar from Russia in celebration of the agency opening up the door for a guaranteed avalanche of new eco-lawsuits. Those suits will be based on the Forest Service’s inability to maintain species viability that will now extend to fungus, microscopic organisms, and bacteria.

HQ has seen what has happened to OHV recreation when the agency did not adequate protect (according to environmental attorneys and courts) the Spotted Owl, the Goshawk, certain frogs, etc. Now the environmental conflict industry will be filing suits seeking court decisions that will close public lands to multiple-use recreation because human activities may harm bacteria and fungus.

If the agency does not substantively change the final planning rule to address the concerns stated by BRC and other panelists yesterday, the Great Off-Road Prognosticator “Donstradamus” foresees that an incalculable number of eco-lawsuits will be filed based on the vague species viability protection requirements in the planning rule.

UPDATED MARCH 20 - FS Planning Rule Meeting Update (including CA meetings March 21)

FS Planning Rule - Alt. A

As some of you are preparing for the upcoming Forest Service Planning Rule meetings next week, HQ wanted to give you some background information on this issue. The public meetings next week (with no opportunity for formal public comment) are simply a way for the agency to comply with NEPA requirements (and spend a lot of taxpayer monies that could be used for more practical efforts such as trail maintenance, trail planning, or do the required NEPA for permitted events).

Here are the CA Meetings on March 21 – All Meetings are 9:00 a.m. til Noon

*** Be sure and recheck the locations for the FS Planning Rule Public Meetings. It appears the agency updated the national meeting schedule late Friday afternoon shortly after HQ posted its blog. The agency changed the Sacramento location to a new location about ½ north of the original location. The new Sacramento location is:


NEW LOCATION
Garden Pavilion Hotel
5640 Dudley Blvd
Sacramento, CA 95652


Angeles National Forest
Forest Supervisor’s Office
701 North Santa Anita Ave.
Arcadia, CA 91006

Shasta -Trinity National Forest
Forest Supervisor’s Office
3644 Avtech Parkway
Redding, CA 96002

HQ’s initial impression from reading the DEIS is it basically ignores the agency’s congressionally directed multiple-use mandate and makes that historic agency mission subservient to “preservation” and ecological sustainability. Also, the plan’s self-imposed requirements to maintain species viability will trump traditional multiple-uses.

Lastly, there are a lot of new terms that have not been legally or congressionally defined (e.g.. connectivity, ecosystem diversity, sustainable recreation, viable species population, etc) that will set the agency up for an avalanche of taxpayer-funded eco-lawsuits.

Again, HQ believes that traditional multiple-uses of public lands (recreation, timber, grazing, permitted events and activities, etc.) will be trumped by, and made subservient to, environmental tenets if a different (pro multiple-use) alternative is not selected.

VARIOUS INFO ON THE FS PLANNING RULE DEIS AND MEETINGS

FS Planning Rule Homepage with Meetings, DEIS, etc.
http://www.fs.usda.gov/wps/portal/fsinternet/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjAwhwtDDw9_AI8zPwhQoY6IeDdGCqCPOBqwDLG-AAjgb6fh75uan6BdnZaY6OiooA1tkqlQ!!/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3LzZfMjAwMDAwMDBBODBPSEhWTjBNMDAwMDAwMDA!/?ss=119987&navtype=BROWSEBYSUBJECT&cid=&navid=091000000000000&pnavid=null&position=BROWSEBYSUBJECT&ttype=main&pname=Planning%20Rule%20Home

Video to Watch Regarding Planning Rule
http://www.youtube.com/user/usdaforestservice#p/a/u/0/ynkEWh42roo

Planning Rule DEIS Summary (Good Overview)
http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5274118.pdf

February 14, 2011 BRC Alert on the FS Planning Rule
http://www.sharetrails.org/alerts/?alert=1300


February 16, 2010 BRC Scoping Comments on the FS Planning Rule (Good read – focus on BRC concerns E through S)
http://www.sharetrails.org/public-lands/?section=FS_Planning_Rule2

The important thing to remember is that a lot of national and regional multiple-use and recreation groups will be weighing in with written comments during the formal comment period and you should consider sending in your own comments as well. Be sure and send the Recreation HQ some feedback if you attend one of the planning rule meetings in CA or elsewhere.

Thanks for your continued support and involvement!

"Designate the D#@& Trail" - Next Steps in TMR

During the recent Gulf Oil Crisis, many of us remember when President Obama issued the order to BP to, “Plug the D$%# Hole.” In a similar vein, The General is urging the Forest Service to, “Plan for and Designate the Darn Trail.”

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PHOTO: One of the Historic (and signed) OHV Routes closed in Shasta T ROD.

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The agency has boldly proclaimed at public meetings and in most TMR Subpart B planning efforts that the Record of Decision’s route network was only the foundation of its OHV trail system and that more planning and designations would take place.

Even if you have disagreed with your local Forest’s recent TMR ROD, you should be asking the District Ranger or Forest Supervisor if they will live up to their promise to do subsequent project-level trail planning.

Right now, each Forest is planning their work schedule for FY2011 which starts October 1, 2010. Here is an outline of that effort.

1 - The Forest Leadership Team (FLT) should be in the process of making a decision if a trail planning project(s) will be included in the FY2011 Program of Work (POW). That decision will be finalized in a preliminary format in the next week or two.

2 - If the FLT approves a trail planning POW, the Forest Supervisor must make the final decision to adopt the project (the Regional Office will have to concur). If adopted they should establish the prioritization and expectations for attainment of the project and how it balances with other the Forest POW. The trail projects should be hard targets. If identified as soft targets (i.e. not very important) – they won’t get done.

3 - If a trail project is adopted and prioritized it must be identified in a Forest Program Work Plan (PWP).

4 - Fiscal and Performance Accountability - this is where the plan must identify the necessary fiscal and staff resources for accomplishment.

Should a Forest decide to go forward with trail planning projects, the agency will take the appropriate NEPA procedural steps (such as issuing a SOPA) so that it can be prepared to submit a trail planning grant to a relevant state OHV grant program (various states such as CA, ID, OR, CO, etc. have a grant program).

OHV organizations and The General were assured by FS leadership back in 2002 that the CA RID Process (and the subsequent 2005 TMR) was not going to be used by the agency to effect landscape level closures to non-street legal OHVs. Tragically on many Forests throughout the country, that was a false promise.

Let’s see if the agency attempts to regain its credibility with the public by keeping the ROD’s promise of doing subsequent project-level trail planning. You will know in the next few weeks.

Update on FS Planning Rule Meetings in CA and Elsewhere

Back on Feb 2, The Recreation HQ posted a note about the NOI for the new FS Planning Rule with public comments due February 19, 2010. At that time, HQ told followers that BRC would issue a national alert with ideas for your comment letters as well as what its concerns were with the new proposal.

Feb. 12 BRC Alert on FS Planning Rule with Comments due Feb. 16
http://www.sharetrails.org/alerts/?alert=1117

FS NOI
http://www.sharetrails.org/uploads/New_Forest_%20Planning_Rule_NOI_12.18.09.pdf

The General is concerned about the potential (unless enough of your write and attend meetings) for the agency to create a planning process that moves Forest Planning away from its multiple-use mandate to a new “global warming” or “climate change” paradigm where agency resources are directed to “restoration” (e.g. road and trail ripping) of areas with a ramp-up of proposals for new Wilderness and non-motorized land classifications, etc.

There will be public meetings in DC and throughout the country in late March and throughout April.

Info on Public Meetings from FS Washington Office (ck with your own regional office as well to confirm meeting dates/times)
http://fs.usda.gov/wps/portal/fsinternet/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjAwhwtDDw9_AI8zPwhQoY6IeDdGCqCPOBqwDLG-AAjgb6fh75uan6BdnZaY6OiooA1tkqlQ!!/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3LzZfMjAwMDAwMDBBODBPSEhWTjBNMDAwMDAwMDA!/?ss=119987&navtype=BROWSEBYSUBJECT&cid=&navid=091000000000000&pnavid=null&position=BROWSEBYSUBJECT&ttype=main&pname=Planning%20Rule%20Home

In CA, there will be regional meetings on April 6 in Redding, Sacramento, Bishop, and San Bernardino. The General (on behalf of BRC) will be attending the Sacramento workshop.

April 6 CA Planning Rule Meetings (please RSVP ASAP up if you are coming)
http://www.fs.fed.us/r5/planningrule/roundtable/

BRC and COHVCO’s official comments on the NOI:
http://www.sharetrails.org/public-lands/?section=FS_Planning_Rule2

Also, a good read is the National Assn of FS Retirees (Steve Eubanks is the former District Ranger at Foresthill and he helped write the comments)
http://www.fsx.org/pdf/2010/NAFSR%20Comments%20%20Planning%20Rule.pdf

Sign up for the soon coming new BRC Alert on the planning rule at:
https://www.sharetrails.org/secure/lists/?p=subscribe&id=2

See ya there!

Forest Service Planning Rule - Comments Due Feb. 16, 2010

The Recreation HQ has been getting a lot of emails with questions regarding how to comment on the new Forest Service Planning Rule process. As some of you know, the comment period ends February 16, 2010. Planning Rules guide the creation, revision,
and/or amending of Forest Plans under the National Forest Management Act.
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FS Announcement of Planning Rule Process
http://fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5110263.pdf

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Before The General answers that question, it is important for you to understand the history of this rather complex issue.

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In March of 2007, a northern California U.S. District Court enjoined the Forest Service from implementing the 2005 Planning Rule. This invalidated the 2005 Planning Rule that was developed to replace the 2000 Planning Rule that was part of the unholy triad of the Clinton/Dombeck/Gore-era “Rules.” The Planning Rule, the Transportation Rule, and the Roadless Rule.
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Since that court decision, Forests are operating under old plans developed under the 2000 Planning Rule or on older planning rules such as the 1982 Planning Rule. The Forest planning process is stalled right now until this new planning rule is put into effect.

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The BRC main office and legal department are in the process of analyzing the new planning rule and will be submitting official comments. In addition, BRC is expected to issue an alert next week with an outline of issues/potential comments that riders may want to use as they create their own comments.
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The General believes the primary goal of the Clinton/Gore Rule Triad was to eliminate the timber industry. Tragically in many parts of the West that strategic goal has been accomplished.
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Now the great danger for OHV interests is that with the Timber Wars being over, we are now in the “OHV Wars” era with a target painted squarely on the backs of our helmets or riding jackets. *
Just how we respond as a community will determine the outcome. The Recreation HQ believes we can win if we man or woman-up and fight back with firm resolve.

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If you have not joined the BRC or your local OHV organization – do it now!
Join BRC online at: https://www.sharetrails.org/secure/join_or_contribute/
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Also, ck out BRC’s new online magazine: http://www.sharetrails.org/magazine/

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Thanks for your service and support!