CCMA Update - Harris Ranch Meeting - Join Our Quest to Reopen CCMA

Photo to left: Crowd at Harris
Ranch CCMA DEIS Meeting

Photo to right: The General giving
thumbs-down to closure

The General attended the BLM’s CCMA public meeting last night that was held at Harris Ranch near Coalinga. The ballroom was near packed to capacity with over 200 people in attendance. About ½ of the folks were OHVers and the other ½ were private property owners, gem collectors, small businesses, and ranchers. All spoke in favor of reopening CCMA to ALL users.

Friends of CCMA has an overview of the meeting and agenda
http://www.foccma.org/html/home/LatestNews.php

The next two meetings are as follows:

Jan. 14 – Veterans Memorial Hall, 649 San Benito St. – Hollister
Jan. 20 – Santa Clara Convention Center, 5001 Great America Parkway, Santa Clara

For those of you attending, I believe you should come prepared at 5:30 to each of the next two meeting with specific questions regarding your concerns on issues such as the validity of the EPA study, other scientific questions, flaws in agency analysis, or why the agency ignored much if not most of the science that was submitted during the scoping period, etc. Be sure and record the BLM and EPA’s answers to your questions.

Be sure and read BRC’s FOIA information that points out how there were even concerns by BLM staff regarding the science used in the EPA survey or how the draft report was massaged. Link below has BRC attorney letter with FOIA materials.
http://www.sharetrails.org/releases/?filter=media&story=652

Later on in the program, be prepared to articulate (3 minute speeches) your position on how this closure has and will impact your family, your business, and why you think the agency has made a mistake. Also, be prepared to offer a management solution like one person did at Harris Ranch.

One speaker pointed out that one of BLM’s sister agencies – the National Wildlife Refuge – uses signs (rather than a ban) warning fishermen about the danger of eating too much fish that may be contaminated with mercury and other toxins.

Survey on Signs and Fishermen
http://www.oehha.ca.gov/fish/pdf/anglrpt.pdf

Several other speakers also noted that other warning signs regarding health risks posed to pregnant women, elderly, etc. by using items such as cigarettes, alcohol, etc. are government approved ways to communicate health concerns to the public v. an outright ban.

The General agrees with the one or two speakers that stated to the group that at the end of the day, the CCMA is a political issue. On that note, I appreciated the fact that Senator Dianne Feinstein had a staffer there taking notes on this all too important issue. The Senator was helpful in protecting existing OHV routes in the 2006 North Coast Wilderness Bill and is also working to protect OHV recreation in the Johnson Valley area. Having your congressional representatives involved in the CCMA is very important.

As the FOCCMA website stated, BRC’s Don Amador spoke about how AMA, D36, TMC, CORVA, CAL4WD, BRC, FOCCMA, and SRMC are working in a cooperative manner to reopen the area to historic OHV uses. Amador also extended the hand of partnership to the gem collectors and ranchers to join our quest to reopen CCMA.

Stay tuned for updates. The General plans to be at the Jan. 20 CCMA meeting in Santa Clara and looks forward to visiting with you there.

Also, JOIN BRC and other groups to help us fight this closure
Join at:
https://www.sharetrails.org/secure/join_or_contribute/

The General’s Contact Info:
Don Amador
Recreation HQ
555 Honey Lane
Oakley, CA 94561
Email: damador@cwo.com

Forward this blog and info to your friends.

Thanks for your service and for attending these meetings.

Send Letters Supporting S. 608 to Fix CPSC Lead Ban

As the General told you last Wed. (March 18), there are both
Democrats and Republicans working on a congressional fix
to the CPSC ban on the sale of youth OHVs and related parts.

Over the last few weeks, there has been a number of House
and Senate bills (HR 968, etc.) offered to help fix the problem.
Some of you have asked why we need “another bill/fix?”

That is a good question. In the legislative process it is not uncommon
for a bill to be introduced and then blended into a similar bill or legislative
process. That is what is happening here.

Senator Jon Tester (D-MT) has introduced S. 608 and now we are asking you
to use MIC/ARRA’s website/letter generator to contact the Senate Commerce
Science and Transportation Committee and ask them to support S. 608.

MIC/ARRA letter generator
http://www.mic.org/letters.cfm

To read about Sen. Tester’s “Dirt-Bike Bill” go to:
http://tester.senate.gov/Newsroom/pr_031609_dirt-bike.cfm

Sending in letters today and getting your friends to do the same is the most important
thing you can do this week!!! The General has already sent his letters in.

Stay tuned for a similar effort soon on H.R. 1587.

Thanks for your service.

The General

# # #

CPSC Cat Fight - Dueling Commissioners

As a former Chairman of the Off-Highway Motor Vehicle Recreation Commission at California State Parks (circa 1994-2000), I have been a witness to a ‘dueling commission.” In that case, it was often pro-access commissioners trying to defeat anti-OHV commissioners’ efforts to defund Forest Service and BLM trail projects between the years of 2000-2008.

In the case of the CPSC, it appears the 2 current members of the commission (they are waiting for a 3 member) are engaged in some sort of cat fight. In a March 20 letter to Congressman John Dingell, Commissioner Nancy Nord sends a 24 page document that offers suggestions upon which Congress could take immediate action;

Commissioner Nancy Nord’s 24 Page Letter
http://www.cpsc.gov/about/cpsia/dingell032009.pdf

In an apparent response to the Nord letter, Commissioner Thomas Moore sends a 2 page letter that basically states the Commission (once a 3rd member is added) is best suited
to address the flaws and/or find solutions.

Commissioner Moore’s 2 Page Letter
http://www.cpsc.gov/about/cpsia/dingell032009a.pdf

Having read both letters, The General asks the question…”Is the OHV community and American public best served by supporting the ongoing efforts by Congress to address the functional ban of youth-OHVs or are we better waiting for an un-elected government body to decide our future?"

If you use the 2000-2008 OHMVR Commission as an example… the answer would be a clear NO!!!

However, given how slowly Congress acts on some issues… our children would be old and gray before the youth-OHV ban was overturned.

At this point, I am leaning towards giving the pro-access DEMS and GOPers in Congress the chance to address the unintended consequences of their 2008 legislation.

In the meantime, be sure and check the MIC website for daily updates on what you can do to help overturn the ban.

MIC OHV Ban Website
http://www.mic.org/

Also, speaking of the CA OHV Commission - ck out their letter to the CPSC on the issue - Thanks

OHV Commission!!!

http://www.sharetrails.org/uploads/CPSC_Letter_03.18.09_Lead.pdf

###

ON ANY THURSDAY - Malcolm Smith's Protest

Those of us in the off-road world already know Malcolm as the racing and film legend that he is. We all remember watching him ride in “On Any Sunday.” For many off-roaders that movie was the driving force for them to get into motorcycle riding or competitive racing.

On March 19, 2009 Malcolm Smith became the star of another achievement. By holding a rally and defying the CPSC ban on the sale of youth OHVs he will be also known as the driving force of…”On Any Thursday.”

Dirt Rider Mag Article on Event
http://blogs.dirtrider.com/6491556/editorial/malcolm-smith-s-cpsia-federal-offense/index.html

Great Photos from Carlos Aguirre (Thanks Carlos!!!) of Malcolm Event

http://motography.smugmug.com/gallery/7665496_8cVgT#494851525_DvDyJ

AMA Article on Malcolm Event

http://www.amadirectlink.com/news/story.asp?id=747

Overlawyered Article on Event
http://overlawyered.com/2009/03/cpsia-a-season-of-activism/

Cool Video of Josh Cerne (a young racer) Asking Folks to Save the Sport
http://www.youtube.com/watch?v=8ISeSAyFMj8

As you know, the decision to engage in civil disobedience is a decision that only can be
made by the person who is defying the law. It is a deeply personal decision that must be respected.

As Congress works on legislative fixes to the current ban and to honor Malcolm’s decision, The General is asking riders to continue to pressure your elected officials to help bring a quick end to what has become a national disgrace.

Continue to monitor and use the MIC’s “Stop the Ban” Website
http://www.mic.org/stoptheban.cfm

Also, watch for alerts from other groups such as AMA and BRC.

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.

Ask Congress to Support H.R. 968 to Address CPSC Ban of Youth OHVs

The General has a favorite saying regarding federal regulations pertaining to OHV recreation and that motto is: “All land-use [including CPSC’s ban] decisions are political decisions.”

Unfortunately, the CPSC’s reluctance to use common sense and issue a stay on its ban on youth-OHVs has proved that theory. Since it is now a political issue, users must turn to Congress for help with a political solution.

The good news is that many of you have written, or made personal visits, to your Member of Congress asking for help.

Because of your letters and phone calls, Congressman John Shadegg has sponsored H.R 968 to address CPSC’s refusal to grant a stay.

The General is asking all of his troops nationwide to contact their Member of Congress and ask them to support Congressman Shadegg (see text of email below) and join with Congressman Herger and other representatives and co-sponsor H.R. 968

Go to Cong. Shadegg's Website and click on the "Sponsored legislation" link

http://johnshadegg.house.gov/Legislation/

H.R.968 Title: To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses. Sponsor: Rep Shadegg, John B. [AZ-3] (introduced 2/10/2009) Cosponsors (19) Related Bills: S.374 Latest Major Action: 2/10/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.
All Information (except text)
Text of Legislation
CRS Summary
Major Congressional Actions All Congressional Actions All Congressional Actions with Amendments With links to Congressional Record pages, votes,reports
Titles
Cosponsors (19)
Committees
Related Bills
Amendments
Related Committee Documents
CBO Cost Estimates
Subjects

THOMAS Home Contact Accessibility Legal FirstGov

Letter to Don Amador from Congressman Herger:

March 10, 2009



Dear Don,

Thank you for contacting me to express your concerns regarding the Consumer Product Safety Improvement Act (CPSIA) and its inadvertent ban on the sale of youth model off-highway vehicles (OHVs). I appreciate hearing from you and while the safety of consumer products - especially those intended for children - is of the utmost priority, please know that I share your concerns on this issue.

Off-highway vehicle use is a popular and important recreational activity enjoyed by all ages, particularly in our Northern California area. For this reason, I joined several of my Western colleagues in Congress in sending a letter to the Consumer Product Safety Commission (CPSC) to express our support for the petition filed by the powersports industry requesting temporary exclusions under this regulation. I have attached a copy of that letter for your review. Unfortunately, the CPSC did not grant this stay by the February 10th effective date.

However, I will continue to closely monitor this issue and will keep your views in my mind as I do so. I also intend to cosponsor H.R. 968, a bill introduced by Rep. Shadegg to amend the CPSIA in order to address these and other unintended consequences of the law.

Again, thank you for taking the time to share your thoughts with me. Please don't hesitate to do so in the future regarding this or any other federal issue important to you. In addition, I would like to invite you to visit my website at www.house.gov/herger where you can find additional information on my position on a variety of issues and sign up for occasional email updates on various federal issues.


Sincerely, WALLY HERGER

Member of Congress


The General asks you to do this today!!!

To find your representative use BRC's Rapid Response Center

and type in Zip Code

http://www.sharetrails.org/rapid_response/

Thanks for your service.

# # #

People Banging Trash Can Lids to Protest CPSC Ban on Youth OHVs

I read in the VOICES Section of the March 11, 2009 issue of CycleNews
where SF Bay Area OHV advocate, Dave Duffin, said he was ready to
start banging an old metal trash-can lid so Congress will hear our voices on
the absurd and hurtful CPSC ban on youth OHVs (and snowmobiles).

Good news for Mr. Duffin, a loud national outcry IS arising from the grassroots and they are mad as hell and are not going to take it any longer. The General visited a local KTM dealer
last week and he said that it is hurting his business and making his customers
mad.

Based on numerous recent letters from Congress to the CPSC and requests
for hearings on this issue, I would say that Congress and the media are hearing
from thousands of motocross/trail moms, angry dads, distraught OHV dealers,
and discouraged young riders.


Our friends at the MIC have a very cool Website and letter program set up. It has
specific letters tailored for the various stakeholders including riders, dealers, and families to send in. Go there TODAY and send new letters to Congressional Committees and the CPSC.

The General has already sent email letters and also printed off hard copies and placed them in the mail today.

BRC’s March 9 “Lead Alert”
http://www.sharetrails.org/alerts/?alert=959

MIC's "Stop the Ban" Letter Generator and Info Site:

http://www.mic.org/stoptheban.cfm

Congressman John Dingell’s Letter to CPSC
http://www.house.gov/apps/list/press/mi15_dingell/090305CPSC.shtml

BRC's News Release with Link to Congressman Simpson's Letter to Chairman Waxmanhttp://www.sharetrails.org/releases/media/?story=636

Congressman Duncan Hunter's Letter to CPSChttp://www.sharetrails.org/uploads/CPSC_Cong_Hunter_March_2_Letter.pdf

Western Caucus Letter

http://www.sharetrails.org/uploads/CPSC_Western_Caucus_Letter_Feb_6_20090001.pdf

State Representative Tom Self's Website

http://www.tomself.com/

Go forth and write! That’s an Order

-- The General