Essential for FS to Use Discretionary Authority in TMR Plans

Don Amador Reviewing Draft Smith River 

NRA Travel Plan with Local Access Leader

As BRC states in its June 9 comment letter on the Smith River NRA Draft Travel Plan,  it believes it is both legally necessary and pragmatically essential that the agency use its discretionary authority to formally establish a functional yet sustainable network of designated routes. 

June 9 BRC Comment Letter with Legal Citations

http://www.sharetrails.org/uploads/smith_river_DEIS_comments_FINAL_June_2014.pdf

As both agency staff and recreationists know, various preservationist and anti-access special interests will always incant a litany of alleged legal violations that prevent adoption of an Alternative that designates any meaningful network of vehicle route.  They are certainly entitled to voice their opinions, but the agency should carefully evaluate any such claims and realize they are thinly veiled efforts to advance an agenda that includes significantly reducing, if not eliminating, recreational use of vehicles in the National Forest System. 

HQ believes the agency is empowered to reject these anti-access positions through correct interpretation of the law, as reflected in various recent court decisions cited in the aforementioned comment letter.

There is a growing body of legal decisions that debunk the notion that “minimization” means the elimination of OHV recreation on Forest Service lands.

2014 NCAT Tour - North Coast "TMR Genie" Has Left the Bottle

The QWR/BRC Official NCAT SUV

As HQ prepares for its 2014 North Coast Access Tour (NCAT) early next week, it is reminded there are no silver bullets or shortcuts when it comes to OHV-related access issues.  The 2005 Travel Management Rule’s Subpart B planning efforts over the last nine years have been challenging for both users and agency officials.

Nowhere has this complexity been more evident than on the Smith River National Recreation Area located on the Six Rivers National Forest in Northern California.  During that time-period there have been stakeholder groups, lawsuits, a stipulation, and lack of a substantive or meaningful relationship between the agency and county.  

As the news article states below, it is my hope that the access community can find a way to support an alternative that embraces the tone, direction, and spirit of the earlier stakeholder process.  For better or worse, the “TMR genie” has left the bottle a long time ago and it is time to settle on a base network of routes.  Once that foundation is codified, I believe it will allow the agency and users to ID some post subpart B projects that enhance the OHV experience.

Triplicate Article (short overview of TMR history on the unit)

http://www.triplicate.com/News/Local-News/Designating-Forest-driving

Over the Memorial Holiday, HQ will ground truth the preferred Alternative with local interests to see if it is something that OHV can work with either as presented or in a modified version.  To the agencies credit, it does appear they have listened to some of our concerns by proposing the designation of the 305.125 4WD trail that at one time been slated for closure.

2007 Tour of the Smith River NRA

2007 Video of Jeep Tour of the 305.125 Road

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

On the other hand, the preferred alternative closes the only single-track motorcycle entrance-to-exit trail on the unit.  Strangely, the closure of that trail had never been proposed in any of the earlier discussions.

2003 Post-Biscuit Fire Motorcycle Tour of Smith River NRA

It is my goal to also stop by and visit with my access contacts in Humboldt County to get an update on TMR on the southern end of the Forest and to see what new OHV opportunities might exist on private or county lands. Hope to see some of you on the tour.  Thanks to all of you who make these efforts possible!

Early Report on QWR/BRC 2013 Summer Northcoast Redwood Access Tour

Del Norte County BOS Building

 

Although HQ is officially closed until Monday, we wanted to get a short story out for weekend readers who want to know how the 2013 Summer Northcoast Redwood Access Tour turned out.  In simple words, it was a huge success.  



NPS/State Park HQ in Orick

 

HQ will go into more details next week, but we attended a number of meetings and/or tours with county officials, users, and agency staff to discuss and review a wide range of state and federal OHV recreation-related issues.

The Land Use Battle Wagon at the Largest (or one of the largest flags) Flag in CA

"Wes Greene's Tractor Service in Arcata"

 

At the Del Norte County Board of Supervisors video link below (44:24 to 52:12) you will find BRC’s, Don Amador, giving public comment to the officials on the following subjects: noting board’s history of fighting for access, non-highway designations for county roads, asking FS to revisit 1999 project level NEPA decision to close 40 miles of routes in High Plateau, county RS2477 filing/request, restoring green-sticker vehicle access at Tolowa Dunes State Park,  potential for a county ATV park, ask county to review its standing/statute of limitations regarding the biology scandal involving Mad River Biologists, and listing the Last Chance Grade Bypass plan as an emergency.

 

Video Link (if you have trouble with Internet Explorer… try launching video in Google Chrome)

http://www.ustream.tv/recorded/36301919

 

Popular OHV Route on Smith River NRA

 

 

Thanks to all who helped support this tour.  Watch for more tour-related stories in Del Norte, Humboldt, and Trinity counties.

 

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HQ on QWR/BRC 2013 Summer North Coast Redwoods Access Tour July 20-26

Don Amador and the Recreation HQ will be out of the office and in the field (July 20-26) on our 2013 Summer North Coast Redwoods Access Tour.  We will be addressing OHV access issues in Humboldt and Del Norte Counties and will be meeting with local motorcycle and 4x4 clubs, elected county officials, state and federal land managers, and other stakeholders.

 

There continues to be a lot of OHV access concerns related to the Six Rivers National Forest, Smith River National Recreation Area, Clam Beach, and Tolowa Dunes State Park.

 

Thanks to all the sponsors who are making this trip possible.   If you would like to donate to this tour to help defray the costs of diesel and other travel expenses, you can make a donation at:

 

QWR Donation Site for North Coast Tour

http://www.quietwarriorracing.com/Sponsorships.html

 

Thanks again and I look forward to seeing many of you up on the north coast next week.

 

HQ Missive on Wilderness Watch Lawsuit Filed to Stop Wilderness Lookout

Eco Humor is Good for the Soul

The Recreation HQ does not often find itself in agreement with eco-lawsuits filed by left-wing environmental groups but today is different. Some of you may have seen articles about a recent lawsuit filed against the Forest Service by the anti-OHV group – Wilderness Watch. This suit is in regards to reconstruction of the Green Mountain Lookout in Washington's Glacier Peak Wilderness Area.

The suit basically takes the agency to task for doing a construction project in a federally designated Wilderness area without first performing site-specific NEPA.

Article on Lawsuit
http://www.seattlepi.com/local/6420ap_wa_lookout_lawsuit.html

Also ck out the group’s blog below:

Wilderness Watch Blog on Suit
http://wildernesswatch.wordpress.com/2010/07/27/building-new-history-in-wilderness/

You might remember several months ago the BlueRibbon Coalition and clients filed a similar lawsuit (projects down without project level NEPA) against the Forest Service for the illegal ripping of roads without site-specific NEPA.

Blog on BRC Suit to Stop Illegal Road Ripping on Six Rivers NF
http://thegeneralsrecreationden.blogspot.com/2010/05/historic-lawsuit-filed-in-northern.html

Stipulation Signed on the Six Rivers Suit to Solve the Issue
http://thegeneralsrecreationden.blogspot.com/2010/12/ohv-christmas-miracle-case-study-in.html

Many of us in the OHV community are all too aware of the many NEPA procedures that are required for the agency to build even 10 feet of new trail. Yet, it seems that for “projects” deemed worthy by government elites (road ripping, new lookouts in Wilderness Areas, landing strips in the King Range NCA ) are given a free pass.

HQ commends Wilderness Watch for not being hypocrites. Unlike eco-groups who defended the Forest Service’s right to rip roads (without project level NEPA) in the middle of winter and dump silt into a Wild and Scenic River, WW called it like they saw it. If you have to do project level NEPA to build a trail or small OHV staging area, you should have do to the same for construction of a new lookout in a Wilderness Area.

Sometimes a bit of “eco-humor” is good for the soul.

After you quit laughing... the outrage is that WA State OHV Funds were granted (without NEPA - a big blunder) to fund this project:

See page 3 of NOVA Grant Program for Green Mountain Project
http://www.rco.wa.gov/documents/rcfb/nova/NOVA2005FundedProjects.pdf

An OHV Christmas Miracle - A Case Study in Perseverance

QUOTE OF THE DAY

Perseverance is not a long race; it is many short races one after another. ~Walter Elliott, The Spiritual Life

Many of us fondly remember the original “Miracle on 34th Street” movie (I did not like the remakes). The Recreation HQ believes that OHV may have its own version of that movie for this Christmas called the “Miracle on the Gasquet-Orleans Road.”

Triplicate Article on Miracle
http://www.triplicate.com/20101213110976/News/Local-News/Forest-access-deal-may-end-suit

HQ riders have been following the recent developments of the stipulation signed by the court regarding the Six Rivers NF lawsuit that addressed ad hoc road ripping without public notification and an unfair MVUM that had closed several important jeep trails.

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

HQ Blog with History and Overview of Six Rivers Case
http://thegeneralsrecreationden.blogspot.com/2010/12/ohv-legal-effort-takes-forward-step.html

The General believes that this tactical suit was key in bringing the environmental groups to the table. I don’t think the collaborative stakeholder process would have successfully resolved the issues surrounding several important and historic jeep trails (or the ad hoc closing of routes) without the litigation.

Is this lawsuit an OHV version of the Normandy Invasion? No. However, it is a key battle in OHV Wars and one that is worth the fight.

Thanks for your service and Merry Christmas!

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!

Remember Flag Day Today - Comments from the HQ

As The General works on an appeal of the Record of Decision for the Lower Trinity and Mad River Motorized Travel Plan, he wants riders to remember this is Flag Day 2010.

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PHOTO: Flag Flying at the HQ

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The Recreation HQ believes Flag Day is a day for all Americans to celebrate our freedom and show respect for our flag. Our flag is strong symbol of our fight for independence and for our unity as a nation.

Our Flag has been carried into every major battle fought by Americans. Many people, including friends of The General, have died protecting it.

Today, patriots throughout this country are engaged in a fierce battle to protect those freedoms from a federal government that is imposing arbitrary land closures, unwarranted and job-killing regulations, and hiding documents from Congress and the public via denied FOIAs filed by the BRC and other groups.

As the Flag flies over The Recreation HQ today, remember that we must stand together in our struggle to preserve the rights and freedoms symbolized by our Flag.

God Bless America and all those engaged in the fight.

Thanks for your service!

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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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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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"Blessed" Routes Closed in Current MVUM

In a recent blog, The General advised his followers to “hold the Forest Service accountable” particularly when it comes to travel management planning. A good
case study of a unit being unaccountable is the Smith River National Recreation Area.

*Photo: Trail that is open and blessed on the 1994 Forest Visitor Map, yet it is closed on the current MVUM

In 1990, President George Bush signed the Smith River National Recreation Area Act.
http://www.smithriveralliance.org/resources/library/SmithRiverNRAAct.pdf

As you know, the NRA just published a MVUM that was apparently based on a pre-Act
(circa 1990 Forest Visitor Map - with many OHV routes not being shown) rather than basing the MVUM on the post-Act 1994 Forest Visitor Map (that showed NRA/Act “blessed” OHV routes) as was promised to the Del Norte County Board of Supervisors.

The Forest’s current and past rationale for making such ad hoc decisions (i.e. to arbitrarily close roads and trails without project level NEPA) is based on their false belief that the 1990 Act gave the NRA “special authority” to bypass the NEPA process and just close routes as they see fit.

The crazy thing is that in the 1995 Forest Plan it references that OHV projects should be “scheduled” to implement OHV use on trails and roads. See excerpt from 1995 Forest Plan:

******************************************************************

http://fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_027543.pdf

Page 13
Off-Highway Vehicle
(OHV) Management
Strategies
Assess areas for OHV use. Schedule projects to implement
vehicle use in some areas and restrict use in other areas.
As needed Recreation
Transportation Management
Strategy
.
Assess transportation system and use. Schedule projects to
construct, reconstruct, or decommission roads based on
anticipated needs.
1998 Engineering
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Yet over the years and until BRC and local stakeholders started to complain about ad hoc closures, the NRA had been doing aggressive road decommissioning/obliteration without any (in most cases) project level NEPA to back up the work. It appears the NRA continues to use this invalid rationale to deny public access to “blessed” routes via its current MVUM.