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...

Road Ripping Hits Colorado NF

Road Ripping in Six Rivers (without NEPA) that Prompted Lawsuit/Stipulation

Over the last few years, HQ has been concerned the Travel Management Rule was (and apparently continues to be) being used by some units of the Forest Service to illegally “authorize” ground-disturbing project-level activities associated with road and trail decommissioning.

The BRC, Del Norte County, CAL4WD, and several other groups challenged such actions in 2010 and the federal government agreed to a public process before using ground-disturbing activities to decommission routes.

Six Rivers NF Lawsuit with Stipulation
http://thegeneralsrecreationden.blogspot.com/2010/12/ohv-legal-effort-takes-forward-step.html

2011 Letter from Six Rivers NF Forest Supervisor Agreeing to Public Notice
http://www.sharetrails.org/uploads/Smith_River_NRA_Kelley_ltr_RE_comments_5-25-11.pdf

HQ wanted to alert riders in Colorado that the same type of illicit road/trail decommissioning appears to be occurring in their state. Our good friends at the Colorado Trails Preservation Alliance recently sent a letter to the Gunnison National Forest challenging ground-disturbing activities associated with road and trail decommissioning. It looks like the agency skipped the public process as required by NEPA.


September 2, 2011 COTPA Letter to the Gunnison NF with photos
http://coloradotpa.org/news/news/letter-to-the-gnf-nf-supervisor-for-action-being-taking-by-the-gnf-district-ranger.html

The 2005 TMR was never supposed to be used to effect landscape level route closures or be used as the authorizing process to obliterate existing roads and trails. Unfortuntely on some units, TMR is being misused.

The TMR saga continues…

OHV Legal Effort Takes Forward Step

Good news from HQ. Over the past several years, riders have asked why BRC does not file complaints instead of just intervening? Well, that is a complicated issue but to make it simple, it is harder than most realize to win against the federal government. Even green groups lose a lot of the time. And it is far more challenging for access interests to win OHV/access complaints against the federal government.

One reason is that current environmental law (ESA, CWA, etc) and the courts give a huge edge to suits filed by green groups. OHV does not have its version of ESA upon which to base a lawsuit. However, this case presented a rare opportunity to allege arbitrary road closures without a public process and that the MVUM was adopted without following proper procedure.

See BRC News Release on Legal Stipulation Approved by Court
http://www.sharetrails.org/releases/?story=715&filter=media

As some riders know, The General (on behalf of BRC) has been working on federal access issues on the CA North Coast since the late 1990s. One of those issues was the rumored Smith River NRA's habit of closing or permanently decommissioning roads without public notification. Also, HQ heard concerns
about a number of historic jeep trails that were closed in the recent MVUM.

To the agency's credit they convened a stakeholder group that was professionally facilitated by the Center for Collaborative Policy. The Center held the group's feet to the fire to participate in a substantive
manner to resolve access issues on a number of roads including 305.125 (see video)

Youtube of Jeep on 305.125 - "Let's keep it open."

http://www.youtube.com/watch?v=2nU194f-ksU

HQ believes the collaborative process also helped the agency in its decision to inform the parties before it performs "ground-disturbing activities" to permanently remove a road from public use.

In OHV Wars this is one small step forward that we all should enjoy. Even my enviro friends should feel some pride that we collectively were able to sit down and hash out some very contentious issues in a civil manner.
 
Donate online (and in the contribution instructions space – type in “Six Rivers Lawsuit”

https://www.sharetrails.org/secure/join_or_contribute/?c=1

If you want to support the work of Don Amador as BRC Western Representative on projects like the Six Rivers to do the foot work in preparation of the administrative record (i.e. prep. for suit/appeals) etc., please go online below and type in “western rep. expenses” (that helps support my work at BRC)
https://www.sharetrails.org/secure/join_or_contribute/?c=1

Thanks for your service!

Thank You and Site Specific NEPA

The Recreation HQ wants to thank all the riders who donated to the Six Rivers Lawsuit yesterday. It is clear that you understand the importance of this case as it relates to the misuse of TMR to obliterate perfectly good access roads without a public process.

Several of you asked for an example of where a Forest does public scoping before it rips a road or does some other “ground disturbing” activity. Well, one such example is provided below where the Stanislaus NF sent out a public notice about an OHV Restoration Project.

Stanislaus NF Scoping Letter for OHV Restoration Project
http://www.sharetrails.org/uploads/Stanislaus_Scoping_for_Decommissioning-2010.pdf


The issue in the Six Rivers Lawsuit is not about decommissioning unneeded roads or the restoration of routes that have serious environmental impacts. For years, BRC and other OHV groups have supported restoration projects that have been vetted and approved via a public process. In fact, the CA OHV program requires that NEPA be complete before any restoration (or in fact any FS project including building a staging area, etc.) project is grant funded.

I know the access community in the Smith River area would also support the decommissioning of unneeded roads if the Forest had vetted them with site specific NEPA.

Stay tuned as this legal issue works its way through the courts.

Thanks for your donations and support!!!
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Historic Lawsuit Filed in Northern California to Challenge Illegal Road Ripping

The Recreation HQ wanted to let his readers know that a very historic and important proactive OHV access lawsuit was filed on May 13 in federal district court in SF to challenge illegal road ripping (i.e. decommissioning) and the publication of Motor Vehicle Use Maps without a public process.
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PHOTO: New "Culvert Canyon" created during rainy season

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The General believes this is the first time in CA where a county has joined access interests to challenge illegal road closures by the federal government. The importance of this case cannot be overstated since aggressive road ripping appears to be a key tenet of the preservationist groups as it relates to TMR.

It appears that some or all of this case will be heard in Eureka by Judge Nandor Vadas.

BRC News Release with Photo of “Culvert Canyon”
http://www.sharetrails.org/releases/?story=697&filter=media

Copy of Complaint
http://www.sharetrails.org/uploads/Turcke_Six_Rivers_Lawsuit_Orig_Filed_May2010.pdf

Idaho State Journal Article
http://www.idahostatejournal.com/news/local/article_ff8d7d98-6359-11df-ba8b-001cc4c03286.html

Blog with info/links to Enviro Road Decommissioning Strategy
http://thegeneralsrecreationden.blogspot.com/2010/05/road-ripping-is-coming-to-forest-near.html

With thousands of miles to roads and trails being “identified” in TMR for closure, it is important that OHV makes sure the FS does the site-specific NEPA required for ground-disturbing activities and not use MVUMs as a closure tool to pre-ordain which roads and trails will be permanently removed from future public use.

If you are one of those riders who said they were waiting to donate to a “pro-active” lawsuit to protect access… well here is that case and your chance to pony up. The OHV community at large cannot expect small local clubs to foot the bill on this historic and potentially groundbreaking case.

To Donate Go to:
https://www.sharetrails.org/secure/join_or_contribute/?c=1

and type in amount and in the special instructions space type… “Six Rivers Lawsuit”

Feel free to comment on this blog or send The General a private message

at: damador@cwo.com

Thanks for your support and service!

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Road Ripping is Coming to a Forest Near You

As the Recreation HQ waits for the Six Rivers complaint to be delivered to federal district court in San Francisco, The General wanted to give riders new to this blog a quick history lesson on the topic of travel management rule-related road-ripping (the politically correct or sanitized term is decommissioning).

Some of you may ask just how did this all get started and what groups are behind it? Well, it started out in the Clinton-Gore administration as a well orchestrated (I don’t use the term conspiracy … I just say darn good planning) effort between federal agents and anti-OHV groups such as the Center of the Prevention of Roads, Trout Unlimited, The Wilderness Society, and many others including the California Wilderness Coalition who got their head anti-OHV guy (Paul Spitler) appointed to the CA OHV Commission in 2000.

It is interesting to note that several driving forces in the Clinton administration are now king pins in the groups pushing subpart A of TMR and use of federal funds via the Legacy Roads Initiative to aggressively rip thousands of miles of good roads and jeep trails throughout the country.

Info on Legacy Roads (and Trails!!!) Remediation Initiative
http://wilderness.org/content/legacy-roads-and-trails-fund

Wildlands Center for the Prevention of Roads (note FS anti-roads guy Jim Furnish as one of the board members)
http://www.wildlandscpr.org/legacy-roads

Trout Unlimited (my good friend Chris Wood – a FS lieutenant in the 90s and master strategist (he is a good fisherman by the way) of the Clinton Roadless Rule and other plans). Chris Woods’ 2010 TU Letter to the FS on Road Decommissioning
http://www.wildlandscpr.org/files/TULegacyRoadsLetter.4F.doc

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The Wilderness Society and Road Ripping

http://wilderness.org/content/putting-forests-work

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The Aforementioned Paul Spitler (fmr. OHV Commissioner) at The Wilderness Society
http://wilderness.org/about-us/experts/paul-spitler

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History of the CA Route Inventory Process (RID) and how Spitler/enviros used the CA program to lay the groundwork for the 2005 TMR and the landscape level trail closures we are seeing on the Shasta Trinity NF and the illegal road ripping that is being challenged in court on the Six Rivers NF.
http://thegeneralsrecreationden.blogspot.com/2009/05/travel-management-good-idea-or-big.html

Enviros continue to bully Region 5 and threaten lawsuits if the FS does not follow their template on issues such as mixed-use, non-designation of “unauthorized” trails, and road decommissioning. As you are beginning to see (many pro-access FS staffers and The General saw this in 2001 as the CA RID process was promoted by enviros, the FS, State Parks, and even some OHV groups), TMR is being used by enviros and some in the agency to implement the closure agenda that was started in the mid 1990s.

Just how road-ripping impacts OHV Wars has yet to be seen. Be assured The General has planned for the fight and asks you to join him.

Thanks for your service!

Historic OHV Lawsuit To Be Filed in CA

The Recreation HQ wanted to let all riders, FS, BLM, law enforcement, retired military, politicians, enviros, and other folks who read this blog know that a very historic and important proactive OHV access lawsuit will be filed very soon to protest illegal road-ripping (i.e. decommissioning) and the publication of Motor Vehicle Use Maps without a public process.

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PHOTO: The General on The High Dome Trail in the Smith River NRA

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See May 7 Triplicate Article About this Suit
http://www.triplicate.com/20100507108938/News/Local-News/County-joins-suit-vs-Forest-Service

It is only when all sides of the land use equation get treated in a fair manner that good decisions can be made. Thanks for your service!

Feel free to send The General a PM or post a note on this blog.

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