Gridlock Impacts Post-Rim Fire Federal Land Management

Recent Controlled Burn on the Mendocino NF

Having both played and worked in timber country (Humboldt County -circa early/mid 1970s), I have a strong appreciation for well-managed private and federal forest lands.  That support has only deepened over the last 24 years based on my current career as an advocate for sustainable recreational opportunities which are dependent on healthy forests.

Many of us watched as the 2012 82K acre Mill Fire burned out the core trail network at the Stonyford OHV Area on the Mendocino National Forest.   That fire closed the area to all public access – including both casual and permitted OHV activity- for one year.  For any number of reasons (planning gridlock, fear of environmental lawsuits, appeals, burdensome regulations, etc.) the Forest Service was not able to get the salvage sale out in a timely manner and any merchantable trees were destroyed by the bark beetle.

Pre-Fire Fuels/Timber Project

Today as over 200 logging trucks per day haul salvage trees off of private timber lands damaged by the 2013 257K acre Rim Fire that burned in the Stanislaus National Forest, Yosemite National Park, and other lands, not one logging truck has hauled a load from NF lands. The agency appears to be jammed up by the same political, legal, and regulatory planning-noose that plagued the Mill Fire.

Article on the Rim Fire Planning Jam

http://www.capradio.org/articles/2013/11/19/californias-rim-fire-sparks-controversy-over-logging/

In an effort to become part of a potential solution to this stalemate,  I proudly answered the call to represent recreation on the Mendocino National Forest’s Firescape Collaborative.  This is part of the Fire Learning Network’s effort to bring diverse stakeholders together to see if we can agree on some forest health projects that can protect both the resource and other related interests such as private property owners, recreationists, and local businesses.

Example of Shaded Fuel Break Project 

Fire Learning Network

http://www.conservationgateway.org/ConservationPractices/FireLandscapes/FireLearningNetwork/Pages/fire-learning-network.aspx

I don’t have the answer to the aforementioned planning and project gridlock.  However, it is clear to me the current paradigm is not acceptable.  Prescribed fire has been used for thousands of years to manage timber lands and must be introduced back into the environmental equation.  I believe it is also important to reintroduce both pre and post-fire timber harvest into the planning mix. 

Trail/Resource Impacts from 2012 Mill Fire

Healthy forests and vibrant local economies are concepts that should be supported by both sides of the land-use debate.  Gridlock serves neither.

Sage Grouse Cattle Wars - OHV Acceptable Collateral Damage?

A recent court decision in Idaho that found various cattle grazing allotments on BLM lands to be illegal because they may harm the Greater Sage-grouse reminded HQ again of similar claims made against the timber industry regarding potential harm to the Northern Spotted Owl (NSO) during the Timber Wars (circa 1992-2000) in the Pacific Northwest.


Idaho Statesman Article on Recent Court Decision
http://www.idahostatesman.com/2012/02/11/1990451/judge-rules-sw-idaho-grazing-allotments.html

Wildlife News Blog on Court Decision
http://www.thewildlifenews.com/2012/02/14/grazing-must-yield-on-public-lands-in-southwestern-idaho/

Western Watersheds Project – They are plaintiffs in the aforementioned lawsuit
http://www.westernwatersheds.org/

HQ is concerned that OHV recreation (particularly permitted events such enduros, cross-country, club runs, even large family gatherings) will become collateral damage in the new “Cattle Wars” related to the Greater Sage-grouse.

In the Timber Wars, OHV was not the stated target of the green anti-timber organizations. However, OHV trail use and events on federal lands have either been banned or severely restricted based on NSO/ESA-related lawsuits or threats of lawsuits.

In Cattle Wars, HQ believes that OHV recreation will be viewed by federal officials and courts as “acceptable” collateral damage as the green conflict industry seeks to put cattle ranchers out of business.

HQ believes history is proving that non-timber factors such as the natural migration of the barred owl (a cousin of the spotted owl that both eats or cross-breads with the spotted owl, etc.) is to blame for the decrease in NSO populations vs. the need to put the timber industry “out-of-business” on federal lands.

Article on Shooting Barred Owls (because timber industry shutdown did not work)
http://www.oregonlive.com/environment/index.ssf/2011/02/make_this_call_in_the_wild_sho.html

With ranchers in 10 Western states now targeted for extinction by agenda driven extreme environmental groups, HQ believes that OHV recreation should be ready to construct an administrative and legal blast shield to protect us from political bombs dropped on the cattle industry.

Vichy French in the New Congress

Don Amador at Omaha Beach Memorial in France

Since the November 2 elections, The General has been reflecting on a number of issues related to land-use politics.

In 2009, HQ wrote about Mark Rey (a former timber lobbyist who was a cabinet officer in the Bush administration) who took a job with Wildlaw, a law firm that specializes in anti-OHV and anti-timber lawsuits.

June 2009 Blog on Mark Rey Taking Job with Wildlaw
http://thegeneralsrecreationden.blogspot.com/2009/07/3-phases-in-life-of-land-use-advocate.html

Mark's 2010 Wildlaw Lobby Form
http://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=87A1BE50-60DF-4EC0-A76C-52DB7597597C


While HQ sarcastically gave Rey some kudos for winning that job, implicit in those accolades was a profound disappointment that somebody who was a trusted conservative would take a post with our political and philosophical opponents.

The General has often shared his frustration (with riders and even some of my environmental contacts) with the Bush administration’s almost total lack of support or oversight for recreation issues on FS and BLM lands. The OHV community that I work with was initially optimistic that Rey (in his role as Undersecretary of Agriculture that had oversight of the FS) would be sympatric to our issues.

Sadly, the Bush administration’s (and Rey’s) “hands-off” management style allowed closure advocates in the agencies to develop anti-OHV programs such as TMR and the landscape level closure at Clear Creek. Frankly, I don’t think Timber folks got much better treatment.

You can make excuses (some may actually be legitimate) for the Bush years that they got hit with two wars and Katrina. But the fact remains that having a disinterested undersecretary who paid little if any attention to recreation issues did not help our cause rise about the other distractions.

As conservatives take over control of the House and have an increased presence in the Senate, the question should be asked what role if any a trusted albeit ineffective former conservative should have in post election strategy sessions?

HQ remembers there were apologists for the Vichy French during WW2. However, that term is forever associated with people who cannot be trusted. The General wonders how history will judge folks like Rey who took a job with a political opponent?

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HQ Bell Tolls for Closure of Intermountain Forest Assn.

The Recreation HQ has sounded its official bell today in mourning. Several days ago, The General got word that the Intermountain Forest Association will be closing its doors at the end of the year.

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PHOTO: Don standing by a Cat (the type he used to run and service in the 1970s) near Rio Dell.

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Article on IFA Closing
http://www.spokesman.com/stories/2010/oct/07/timber-association-will-disband-after-75-years/

IFA Home Page
http://www.ifia.com/

HQ believes this closure is directly related to the never ending war declared (circa late 1960s) by radical environmental groups, left-wing foundations, and their supporters in Congress to put the timber industry “out of business” on public lands. Some of you may not know that The General worked in the timber and construction industry in the early 1970s (see blog below for that bit of history). He might have stayed in the resource industry but at a young age he saw the “handwriting on the wall” when Redwood National Park was established which put Cal-Pacific Lumber (and many others) out of business.

Don’s History of Logging on the N. Coast
http://thegeneralsrecreationden.blogspot.com/2009/10/roads-of-my-father.html

The General is proud of his relationship with the timber industry as part of the multiple-use family. Over the years we have fought many administrative, legislative, and legal battles together. One such fight was against the Clinton-Gore Roadless Initiative.

The magnitude of the IFA closure cannot be overstated. The General believes it rivals the murder of Gil Murray- by the Unabomber- on the “land-use” Richter scale.

Again, HQ is still processing this event but wanted its followers to know that it rang the official HQ bell today in mourning of IFA’s closure. The War on the West against timber, OHV, mining, and ranching continues.

Video of HQ Bell Being Sounded
http://www.youtube.com/watch?v=L74pQrRWG6s

Let us not forget the families put out of work by the extreme environmental movement and let us resolve today to fight back even harder against their job-killing agenda.

Thanks for your service!

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!

OHV Wars Hit Carnegie Park and the SF Bay Area

The recent turn of events regarding the court order to temporarily close Carnegie SVRA has been a clarion call for Bay Area off-roaders who did not think that the “OHV Wars” would touch down so close to home. That impression is based on the large number of emails and phone calls The General has received by riders – many of which were not aware of how the anti-OHV groups use (or misuse) the courts to enact their political agenda.

Read the Lawsuit
http://www.peer.org/docs/ca/09_17_9_California_Carnegie_SVRA.pdf

As you know, OHMVR has filed a STAY with the court to keep the park open. We should know the outcome of that STAY by late Friday. If the STAY is granted, the park would stay open while various management options are implemented regarding riders in the creek bed, soil erosion, etc.

If the STAY is not granted, OHMVR would file an appeal. Based on the outcome of that action and the negotiations between OHMVR and enviro attorneys, the park might have to close in the near future or mitigations might be agreed to by the various legal parties such as completely fencing off the creek, banning permitted events, longer wet weather closures, etc. or if those future talks were productive the park could stay open until the park receives a waiver or approval from the Water Control Board.

I know a lot of you are chomping at the bit and want to take immediate action to voice your outrage. I don’t blame you.

As a rider and voter you always have the right to call or write your elected representative and I encourage you to do that. However, I am waiting for the outcome of the stay before I initiate
an official action item such as a letter or phone call campaign. The General believes in targeting
our effort for maximum effect. Once the STAY issue is resolved, I will recommend to you the person or body (e.g. governor, state senate or senator, agency representative) that most needs to hear from you ASAP.

Also, once the status of the park is determined there are a number of effective options such as rallies, protests, bumper stickers, t-shirts, fundraisers, etc. that should be on the table for us to consider.

Many of you have asked the famous question…”Why don’t we sue the *$&&#s?” That question or statement while simple albeit appealing on the surface does not appreciate the complex field of battle that OHV now operates in. This case is complex because the Attorney General is Jerry Brown and it is his office that is defending state parks. What you don’t know is that his office often files these types of eco lawsuits against agencies that don’t propose to close enough OHV routes. In fact, BRC/Cal 4WD et al are in just such a case where Jerry Brown wants more Forest Service lands put off limits to OHV.

See Info on So Cal Forests Roadless Lawsuit (we are still in court on this case)
http://www.sharetrails.org/magazine/article.php?id=1594

I know you want a formal action item immediately, but I ask your patience for the next day or so as the STAY issue plays out. As you are learning…not only are ALL land use decisions political decisions but most if not ALL court decisions are political decisions as well. The facts of the case, well reasoned arguments and/or solutions can be, and often are, overlooked by the court and a “Political Decision” is rendered.

Just ask the Timber Industry or Farmers in the Central Valley about political decisions made by the court to put them out of business. Be assured of one thing… OHV is on that same list of activities slated by hard core enviros for extinction. How we react and fight back will determine our future.

Stay tuned for more updates.

Thanks for your service!

Civil Disobedience and the CPSC Ban on Youth OHVs

Last week, The General wrote about riders and dealers who are “mad as hell” regarding the CPSC’s current ban on the sale of youth-OHVs. Those angry folks have been “banging trash can lids” loudly so that Congress, the Obama Administration, and the CPSC will hear them from miles away.

Dems and GOPers in Congress are working on H.R. 968 to address the impacts to OHV sales as well as Senator Tester and Representative Rehberg with the introduction of their “dirt bike” bill this week:
http://www.powersportsbusiness.com/output.cfm?ID=2075923

Senator Tester’s Website on Dirt Bike Bill
http://tester.senate.gov/Newsroom/pr_031609_dirt-bike.cfm


One of those folks who have been banging the drums at 104 dBA is off-road hero, Malcolm Smith. Malcolm is planning a protest on Thursday March 19 at his Riverside dealership.

Malcolm’s Event
http://kidslove2ride.com/

USA Today Article on Malcolm's Event

http://www.usatoday.com/news/nation/2009-03-18-motorcycle-kids_N.htm

Malcolm is actually taking his protest to a higher level by planning to sell the currently banned OHVs to various racing legends and other celebrities. This is an act of civil disobedience and it has a long history in America’s political process.

Being a veteran of the private property wars, the timber wars, the roadless wars, the Klamath water war, and the OHV commission war that defunded trail monies to the FS and BLM for almost 8 years, The General’s view is that the decision to engage in civil disobedience is an extremely personal choice.

That decision can make them a target for overzealous federal agencies who may decide to target them to make an “example” out of them. In addition, the court system is not geared to protect conservative values or issues and a family can face fiscal hardships fighting the federal government.

The General (or anybody for that matter) cannot tell somebody like Malcolm or other dealerships when it is an appropriate time to employ civil disobedience to address ill-conceived government regulations that will put you out of business.

Factors such as the status of pending congressional actions to fix the problem, support from local elected officials for the event, being drowned out by other more pressing media issues, agency relief, or pending court action must be considered.

In the final analysis, it remains a deeply personal decision that must be respected.