MUST WATCH OHV TV - Video from Congressional Hearing on Clear Creek - H.R. 1838

Don Amador (L) and Ed Tobin (R) Riding

at Clear Creek before the 2008 Closure

The Recreation HQ has fired up its alert system in regards to yesterday’s House Subcommittee on Federal Lands hearing on two very important OHV-related legislative initiatives.  Those two bills are H.R. 1838, the Clear Creek National Recreation Area and Conservation Act and H.R. 3668, the California Minerals, Off-Road Recreation, and Conservation Act.

For this update, HQ will focus on highlights and key testimony/discussion related to H.R. 1838.  Understanding that folks have limited time, the HQ has noted key times and discussion themes.

This is a must watch video for all of us who have been engaged in efforts to reopen Clear Creek to OHV use.

00 – Chairman Tom McClintock and Ranking Member Debbie Dingall

06:49 – Cong. Sam Farr (history of issue, assumption of risk, OHV commission, economic hit to local business, thanks CA’s odd couple, Tobin, and Ron the Townhall King, etc.

023:50 – Cong.  Sam Farr (wild and scenic rivers)

025:15 – Cong. Sam Farr (assumption of risk, closure is unacceptable)

035:29 – Cong. Jeff Denham (public land should be open for public use, user fees to support mang)

036:21 – Cong. Sam Farr (discusses user fee program to support mang)

037:12 – Cong. Jeff Denham (values local support, etc.)

RECESS

1:25 – Cong.  Tom McClintock (assumption of risk, use of public lands)

1:27 – Kristin Bail/BLM (BLM’s position on the bill and reasons for closure)

1:38 – San Benito County Supervisor, Jerry Muenzer (risk models, economic import, support for bill)

1:43 –  Chairman McClintock (questions Muenzer on closure)

1:44 – Chairman McClintock (questions BLM on closure, hx of serpentine in CA, etc.)

1:48 – Cong. Sam Farr (expresses concerns about BLM’s decision to close and need to find a way to manage the unit for OHV and access)

1:48:46 –Cong. Doug LaMalfa (questions BLM on risk assessment)

1:51 – Cong. Doug LaMalfa (questions Muenzer on EPA and 40 years of no health cases at Clear Creek)

1:53 – Cong. Bruce Westerman (talks about closures being a national issue, need to create access for youth and not create obstacles)

2:04 -  Cong. Tom McClintock (closing remarks about closures being an important issue)

LINK to VIDEO

http://naturalresources.house.gov/videos/?VideoID=ZpUG0f-KhT0

The HQ wants to thank all those involved in supporting this 8 year effort to reopen Clear Creek to managed OHV recreation.  BIG THANKS for not giving up. 

New CA OHV Division Asbestos Study Shows Clear Creek Closure is Bogus

A Poster Users Made at Coalinga Meeting to Highlight Agency Bias Against OHV Use

The Recreation HQ is proud to announce that the OHV Division has released a long anticipated independent study on the impacts, or lack thereof, of naturally occurring asbestos on OHV users riding at Clear Creek.

March 23, 2011 - OHV Division News Release with Link to Asbestos Study
http://ohv.parks.ca.gov/

March 23, 2011 – BRC News Release on OHV Asbestos Study
http://www.sharetrails.org/releases/?story=728&filter=media

HQ believes this report validates the OHV community’s concerns that the closure at CCMA was politically motivated and was a gross abuse of federal power by a government agent.

HQ blogged back in Jan. 15, 2010 that the BLM and EPA should be ashamed of themselves for foisting an unwarranted 70K acre landscape level closure on the American People.

Jan. 15 Blog with Links and Stories
http://thegeneralsrecreationden.blogspot.com/2010/01/jan-14-clear-creek-meeting-blm-and-epa.html


HQ believes this closure has caused great harm to local users, businesses, and the community. OHV dealerships have closed. There is no excuse for this behavior and this abuse of power by government officials should be the object of a Congressional inquiry or hearing. Rick Cooper, the BLM Area Manager, told me on several occasions that he made the decision NOT to review options or management tools that would allow for CCMA to remain open. As the report states, there are many activities that occur on public lands that are far more dangerous. Yet, you have a government official that went out of his way to exclude any options to keep CCMA open.


HQ believes this issue has gone beyond the Hollister Field Office and will most likely be addressed by BLM Director Bob Abbey with input from county officials, OHV users, recreation organizations, gem collectors, Congress, and the OHV Division.

Stay tuned for more updates, as it appears the CA OHV Commission will have a hearing on this issue on April 5 in Hollister, at the Veterans' Hall on 649 San Benito Street just a few blocks from the San Benito County Board of Supervisors Office. The county officials have been real heroes in this fight as well.

April 7, 2010 Blog about County Voting to Reopen Roads in CCMA
http://thegeneralsrecreationden.blogspot.com/2010/04/san-benito-county-votes-to-reopen-roads.html

HQ thanks all who worked tirelessly on this issue since May 2008. It has been, and will continue to be, a tough fight. It is an effort worth the battle. There is only one Clear Creek and we want it reopened to OHV use - Period

Will GOP Hold Land Agencies Accountable?

Will Congress Review the Closure of Clear Creek?

The Recreation HQ appreciated the candor of Doc Hastings’ opening comments today from his post as the new Chairman of the House Committee on Natural Resources. HQ took special note of Chairman Hastings’ acknowledgement that Republicans between 2001-2006 basically failed to hold federal land agencies accountable during the Bush administration.

See Text of Hastings’ Speech Today
http://naturalresources.house.gov/UploadedFiles/HastingsOpeningStatementAM-01.26.11.pdf

HQ believes the OHV community will in short order be able to gauge the sincerity of Chairman Hastings’ commitment to hold oversight hearings by the issues placed on the committee and subcommittee hearing schedules.

Of special interest to the HQ is if this Congress will hold oversight hearings on issues of special interest to the OHV community such as the landscape-level closure (the largest of its kind in the USA) of the Clear Creek Management Area to all users in 2008, abuse of the 2005 Travel Management Rule, and the BLM’s Wild Lands program.

Be assured, HQ will be holding the 112th Congress accountable.



Land Agencies Should Use "Signs" to Address NOA at CCMA and other Sites

REDWOOD NATIONAL PARK - ORICK BEACH

Since the BLM issued an emergency closure order in May 2008 that closed the Clear Creek Management Area to all users, the Recreation HQ and groups like BRC have urged the agency to adopt the use of “warning signs” used by sister agencies to address valid public safety issues v. the use of closures or expensive capping/ soil treatments.

CA State Parks uses signs to warn against undertow and dangerous ocean waves. Redwood National Park uses signs that count the number of people killed by downing on the beach and tallies those numbers on its warning signs.

At issue with the CCMA closure is that there is not one documented case in CA of a human contracting asbestosis/cancer and dying from recreational activity on public lands that contain naturally occurring asbestos. Yet, the BLM refused to even review or consider a signing prescription for CCMA because the line officer said he had made up his mind that the area should be closed to OHV and other motorized uses.

March 31 Blog on Faux Liability Issue at CCMA (a good read with background info)
http://thegeneralsrecreationden.blogspot.com/2010/03/faux-liability-issue-at-ccma.html

HQ believes it is just this type of arbitrary federal action that the new Congress will investigate and have oversight hearings on.

HQ urges all federal land management agencies to strongly consider a “signing” prescription for routes/areas that contain NOA

A spokesman for a major environmental group told me recently that the whole NOA issue is “much to do about nothing.” HQ agrees and hopes that the agencies can put this to rest once and for all and get back to the job of providing quality motorized and non-motorized recreation at CCMA and in the other 42 CA counties where NOA occurs.

Thanks for your service!

Government Agencies and Shredding Documents - Corruption a Real Concern

THIS CLOSURE IS BASED ON AGENCY CORRUPTION

The Recreation HQ wants to assure riders and other readers of this blog that the issue of government agencies shredding documents to avoid their disclosure because of a FOIA, public record act request, or congressional inquiry/subpoena should be a real concern.

Article on Government Shredding of Documents
http://nation.foxnews.com/justice/2010/11/03/team-obama-better-not-shred-documents

Article on the Congress and its Agenda for Access and Public Land Management
http://www.nationalparkstraveler.com/2010/11/republicans-house-natural-resources-committee-planning-big-changes-public-lands7178

The Recreation HQ has experienced real world agency corruption on many occasions when after filing a FOIA or PRA request with federal or state government agency, The General would often get calls from his friends who worked at the agency and here is how those calls went…”Hey Don, I just wanted to let you know that we have been running the shredders here at the BLANK office because the agency does not want to be embarrassed or worse.”

The most recent example of that corruption is with the EPA Region 9 Office where they denied a FOIA asking for correspondence between the EPA, BLM, and other interests. What the EPA did not count on is the BLM complying with the same FOIA request which showed collusion and dishonesty designed to support the closure of Clear Creek to ALL publics.

2009 Overview of Agency Corruption and EPA Case Study to Prop up Closure
http://thegeneralsrecreationden.blogspot.com/2010/01/epa-violates-public-trust-at-clear.html

The Recreation HQ believes that Congress has a valid concern that agencies who have acted in a corrupt manner have already fired up their shredders or have hired shredding trucks to come and destroy thousands of documents that would show corruption, collusion with far-left wing environmental groups, or “science” that was ginned up to promote the closure agenda of the EPA or similar agencies.

The General wishes the new Congress good luck in this noble effort to acquire the public record associated with so much of the anti-access and anti-business agenda of this administration.

Thanks for your service!

Cape Hatteras OHV Fight - Ck out Video of Battle

The Recreation HQ has long highlighted the onslaught of OHV closures because of anti-OHV agency agendas being driven by ideologues in government who are often aided by green lawsuits and a sympatric judiciary

The most recent example of plover-based beach closures is the fight to keep public motorized access on Cape Hatteras in North Carolina. Recently, BRC issued an alert on this issue with links to professional videos that include interviews with business owners and recreationists.

HQ has issued its first ever “General’s Award for Access Excellence” to the producers of these films. They tell a story familiar to those of us who used to recreate or fish via OHVs on West Coast beaches. We have seen Humboldt County close Clam Beach to OHVs, The Redwood National Park issued a plan to put commercial surf fishermen out of business near Orick. Oceano SVRA (Pismo Dunes) has seen its footprint reduced. The fight continues at Tolowa Dunes near Crescent City.

BRC Alert on Cape Hatteras OHV Battle
http://www.sharetrails.org/alerts/?alert=1235

Direct Link to Piping Mad – Part One
http://www.youtube.com/watch?v=B_mFzqchC_8

Direct Link to Piping Mad – Part Two
http://www.youtube.com/watch?v=h9Zu3ZFHHEs&NR=1

As we support the fight at Cape Hatteras, let us not forget our own battles here on the West Coast including Clear Creek.

Link to the Clear Creek Song/Video
http://www.foccma.org/html/articles/clearcreekvideo.php

HQ thanks all of you for your continued dedication to the fight for access to public lands and beaches and for your support of those of us on the front lines.

Link to Outer Banks Preservation Association
http://obpa-nc.org/joomla/

Toxic Trails, CCMA, and You

The General has long stated to his riding buddies that he does not believe in federal government conspiracies. That long held axiom is based on the fact the he knows a lot of federal land managers at various levels and for the most part they don’t have the time or inclination to craft a conspiracy let alone carry it out.

However, the latest push by the Sierra Fund, a Nevada City-based eco-group chaired by Patty Brissenden (wife of former anti-OSV/OHV OHMVR commissioner John Brissenden) may cause The Recreation HQ to rethink that concept.

Some of you have seen the recent article about “Toxic Trails” in the Sierra.

SF Chronicle Article on Toxic Trails
http://articles.sfgate.com/2010-06-23/news/21921340_1_mine-waste-rand-mining-district-arsenic

It is no coincidence that the closure of Clear Creek to OHV and other uses is cited as the model of how an agency should close lands to the public when a “dangerous” chemical or compound is discovered. The Sierra Fund cites its support and partnership with various like-minded green groups, foundations, and Cal/EPA Note also that other popular OHV areas at Foresthill and Downieville are cited in the article as potential closure targets.

Sierra Fund Support List for Toxic Trails Report
http://www.sierrafund.org/campaigns/mining

Cal/EPA Eco Justice Working Group
http://www.calepa.ca.gov/EnvJustice/IWG/Default.htm

After reading about who belongs to the working group, it should come as no surprise that in the BRC FOIA documents the BLM at CCMA cites Cal EPA/DTSC’s demand that CCMA be closed to OHV as the onus for the current closure.

See Blog on EPA Corruption at CCMA with link to FOIA documents
http://thegeneralsrecreationden.blogspot.com/2010/01/epa-violates-public-trust-at-clear.html

What trail enthusiasts (motorized and non-motorized) should be concerned about is that there IS a well thought out strategic effort by the green/governmental complex (EPA, Cal EPA, DTSC, CBD, TWS, etc.) to close OHV trails on FS and BLM lands due to undocumented “health risks” to the public.

Has this closure effort reached the level where the HQ can claim there is a conspiracy to close OHV off public lands? That time may come very soon, but in the meantime The General believes there is a well coordinated effort by greens group and their supporters (or hostages) in the federal government to restrict or ban historic OHV and other uses on public lands.

Now is not the time to give up but redouble our efforts to fight back. Thanks in advance for your support and commitment.

CCMA Update - Closure Order Still in Effect after May 1

The Recreation HQ has heard that some riders believe that they can ride on BLM lands at Clear Creek after May 2 because emergency closures generally are for two years or less unless they are tied to a planning effort.

Regs on Emergency or Temporary Closures
http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2010/IM_2010-028.html

Unfortunately for riders who want back into BLM lands in CCMA before the planning process is over, the emergency closure order is tied to the ongoing planning effort and stays in effect until that planning process is concluded.

Federal Register Notice for CCMA Closure with Reference to Planning
http://www.sharetrails.org/uploads/Fed_Register_May_1_20080001.pdf

The General understands the frustration of the riding community and is himself disgusted with the behind the scenes dealings and apparent effort of the Hollister Field Office to permanently eliminate OHV recreation on lands within their jurisdiction.

See 2006 BRC HFO RMP Comment Letter Asking for more OHV Opportunity on Lands Outside of CCMA
http://www.sharetrails.org/uploads/Holllister_Field_Office_DEIS_Jan_5_2006_BRC_comments0001.pdf

The Recreation HQ believes that the OHV community by working with the county and elected officials in an honest and collaborative manner are making a big difference in the fight to reopen CCMA. Please continue to obey the closure order and ride only on the 25 miles of county roads that have been opened for street-legal vehicles.

The battle for CCMA continues.

Clear Creek Update - OHV 24 - BLM 21

The General is glad to be back at the Recreation HQ after spending the last 6 days in the field attending meetings and doing some recon.

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PHOTO: This is the warning sign for swimmers at Orick Beach in the Redwood National Park. Note that the Park is keeping count of the people who have died swimming since 2004 (click on photo to enlarge). This is what the BLM should do at CCMA - simply post signs and publish concerns on the visitor maps

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April 19 marked the end of the 45 day extension of the public comment period for the Clear Creek DEIS. The Recreation HQ believes we may have turned the corner in the battle to reopen CCMA to historic OHV use when the San Benito County BOS voted to reopen 25 miles of county roads in the unit and send letters to the BLM in support of Alt. A.

Background info on BOS vote and WND Article
http://thegeneralsrecreationden.blogspot.com/2010/04/off-roaders-blamed-for-county-vote-to.html

The Recreation HQ wants riders to have copies of the BRC Legal and BRC Western Rep. comment letters that were submitted on March 4,5 and April 19. Note that BRC brings up the faux liability issue (among other issues) and demands the DEIS be withdrawn and/or a supplemental DEIS be issued.

Faux Liability Issue
http://thegeneralsrecreationden.blogspot.com/2010/03/faux-liability-issue-at-ccma.html

March 4, 2010 BRC Western Rep. Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_BRC_revised_comments_3.4.100001.pdf

March 5, 2010 BRC Legal Dept. Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_Turcke_comments_3-5-10.pdf

April 19, 2010 BRC Legal Dept. Supplemental Comments
http://www.sharetrails.org/uploads/CCMA_DEIS_Turcke_Comments_Supplementa_4-19-10.pdf

If the CCMA battle was a football game, the Recreation HQ believes that we are in the 3rd quarter and the score is now OHV 24 HFO 21. Just what the score will be at the end of the game has yet to be determined. That score will depend on your continued efforts to reopen the area.

The General looks forward to riding on the reopened roads once the signs are installed by the county works department.and riding on the OHV trails once CCMA is reopened.

CCMA Update - The General is at San Benito County BOS Meeting Today

The Recreation HQ will be closed today as The General (on behalf of BRC) will be testifying at the April 6, 2010 San Benito County Board of Supervisors meeting in Hollister, CA at 1:30 p.m.

The Board will consider a vote to reassert their jurisdiction on 25 miles of county roads in the Clear Creek Management Area. Currently, the BLM is claiming management authority over these historic county roads. A vote in the affirmative will be a big victory in the ongoing battle to reopen CCMA for historic OHV and other uses.

The Board will also consider a vote regarding if they will send in a comment letter and what directions they will give staff about the content of that letter. BRC is asking them to support historic OHV and other uses in CCMA.

See April 6, 2010 BRC Comment Letter to the San Benito County BOS
http://www.sharetrails.org/uploads/San_Benito_County_BOS_Meeting_BRC_Letter_April-60001.pdf

Finally, BRC believes the county may find the BLM violated the public trust as well as over stepping their jurisdictional bounds regarding the county road issue and the agency’s trampling of private property rights. The county could request the BLM withdraw the DEIS because if it’s fatal flaws and direct the agency to reopen CCMA post haste.

The General is expecting a large turnout at the Hollister meeting today. He hopes to see many of you there.

Thanks for your service!

Faux Liability Issue at CCMA

Reading an article today of the growing “body count” at California beaches from recreationists who have drowned reminded The Recreation HQ about its March 26 blog where it talked about how the BLM (and other federal and state land agencies) simply post warning signs and use educational outreach to inform users about safety or health issues while recreating on public lands.

March 30 San Mateo County Times “Body Count” Article
http://www.insidebayarea.com/ci_14789491?source=most_viewed

See March 26 Blog with Photo of Beach Warning Sign
http://thegeneralsrecreationden.blogspot.com/2010/03/riders-want-back-in-at-clear-creek.html

In BRC’s March 5 CCMA DEIS comment letter, BRC stated it believed the BLM, by closing CCMA and/or restricting or banning OHV use there in the future, has created an agency liability where none currently exists. Again, warning signs and educational outreach are an accepted and widely used prescription to address health and safety issues on public lands.

The obvious answer to the CCMA issue is for the BLM to simply review signing and educational outreach plans currently being used by its own agency or sister land agencies to address health and safety issues. An informed public can then make up its mind if they want to use the area just as they do while swimming at beaches or climbing cliffs in a park.

Unlike the beach issue where a body count is being kept by government officials, the Hollister Field Office continues its search to find even one “body” over the last 100 years of use at CCMA. Rather than continue its search for that elusive dead OHVer, the HFO should remember its congressional mandate is to provide multiple-use of public lands and not set itself up as a nanny-state agency where unelected bureaucrats issue unpopular and unwarranted edicts from behind a desk.

Congressman Sam Farr Weighs Into Clear Creek Fight

The General wants to thank Congressman Sam Farr for weighing into the Clear Creek issue on behalf of the recreation public.

PHOTO: A check point at a Wildboar Enduro at Clear Creek

See March 4, 2010 Letter from Cong. Farr to the BLM
http://www.sharetrails.org/uploads/CCMR_Letter_March_10_scan.pdf

The Recreation HQ wants to thank the local voters who contacted Congressman Farr’s Office and advised him on this issue. Mr. Ed Tobin, for one, has worked hard to keep the Congressman informed and has had at least one meeting at Farr’s Office regarding CCMA.

Stay tuned as a lot of folks are working hard to secure a 90-day extension on the public comment period.

Thanks for your service!

CA OHV Commission Weighs Into Clear Creek Fight

In the early part of OHV Wars, the CA OHMVR Commission was taken over by leaders of the environmental movement. That body invented the now infamous 2002/2003 CA Route Inventory and Designation Process which defunded many FS/BLM trail projects and laid the foundation for various hybrids of the now equally infamous 2005 National Travel Management Rule.

An audit by the CA Bureau of State Audits found what The General and others already knew – The green OHV Commission was abusing their power to enact an anti-OHV political agenda.

See 2005 article on that BSA report with links to the audit
http://www.blueribbon.org/releases/?filter=media&story=464

The new OHV program (SB742) depoliticized the commission by stripping their grant authority and made grants more of an academic/bureaucratic exercise to be run by OHMVR staff. (side note- the grants program is now more streamlined and efficient then is has ever been with a majority of green sticker monies getting out on the ground for trail recreation projects)

Since SB742, some riders have asked what role the new OHMVR commission will have regarding OHV recreation since they don’t have grant authority. Up until the commission meeting that took place yesterday in San Jose, that question may have had some legitimacy.

Info on OHMVR Commission Meeting
http://ohv.parks.ca.gov/?page_id=21853

One of the hottest topics on the commission agenda yesterday was the ongoing battle to reopen Clear Creek for OHV recreation. Testimony was provided to the commission (which only has authority when convened) regarding the fact that CCMA is the largest destination OHV area in Central California and now that it is closed --- other riding areas ranging from Hollister Hills SVRA to Jawbone are being overcrowded by displaced OHVers. The commission also learned that the state OHV program has invested over $9 million dollars (over the last 30 years) at CCMA and has a vested interest as a land-use partner with BLM to see that good science is used before the final decision is made to close it OHV use.

After the presentation by BLM’s, Rick Cooper, and the aforementioned testimony was heard, the OHMVR commission voted to send a letter immediately to the BLM State Director asking him for a 90 day extension to the public comment period which ends March 5, 2010. The commission also directed the OHMVR Division to take the necessary steps to prepare comments on the CCMA DEIS.

The Recreation HQ believes this action by the OHMV Commission could play (when combined with the efforts from OHV groups, elected officials, and others) a pivotal role regarding both the request for a 90 day extension to the public comment period and what the BLM ultimately proposes in the FEIS/ROD.

The General thanks members of the TimeKeepers MC, SRMC, Friends of CCMA, SBR, and other riders who showed up to make a difference.

Thanks for your service!

Recreation HQ is Closed Feb. 11-15

The Recreation HQ will be closed Feb. 11-15 and will reopen on Feb. 16.

In the meantime, here is a quick update on a couple of issues.

Carnegie SVRA
The park continues to operate while the lawsuit is being reviewed by the appellate court.
Based on The General’s experience on land-use cases… no news is good news.

Clear Creek DEIS
Watch for an update and action item first part of next week on the Friends of CCMA website and I will also post an update on this website.

Thanks for your service!

Carnegie and Executive Branch Authority and Discretion

One thing that surprised The General while attending the January 13 BLM CCMA DEIS public meeting in Coalinga was the number of ranchers and farmers who were monitoring the Carnegie SVRA crisis.

The main concern is that a victory by anti-OHV groups at Carnegie would open the legal floodgates for similar lawsuits - to be filed against property owners – that would seek to interfere with an agency's executive branch authority to exercise discretion regarding how they select to enforce state regulations.

An excellent response and overview on this topic by the CA Water Board on the Carnegie lawsuit is posted by my good friends at CarnegieForever.org:
http://carnegieforever.org/wp-content/uploads/2010/01/parks-v-superior-court-carnegie-svra-1-11-2010-signed.pdf

What the anti-OHV groups are doing at Carnegie could be likened to having some public interest group filing a lawsuit against the CHP for not properly enforcing the state’s driving or speed laws. As you know, the CHP is given a lot of discretion on how it deploys its officers to enforce said laws. Having a “citizen’s group” successfully insert itself into what is historically an administrative decision-making process at Carnegie could have grave impacts to private property owners, small businesses, and recreationists throughout the state.

As the Recreation HQ has stated before, 2010 will be a very challenging year for OHV access interests at Carnegie, CCMA, and elsewhere. The HQ thanks you for your service and support.

Clear Creek Closure - Need for Peer Review

A packed house of between 500-600 recreationists, gem collectors, and other access interests attended the final BLM CCMA public DEIS meeting held in Santa Clara on January 20.

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Photo: Health Risk (you could die) Sign at CA State Park Beach
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The central theme running through public comments was that this is a politically motivated closure, does not pass the smell test, and is based on a flawed EPA risk assessment that does not even meet the basic methodology requirements of an 8th grade science project. The following was learned and/or restated for the record during the 1 hour open house where users could ask agency representatives questions and during the comment period.

1 – One of the testing roads had just been ripped by a bulldozer before the testing occurred

2 – The EPA OHV testers were not adequately monitored regarding if they stayed on the test route network

3 – The riding times were grossly overstated in the analysis and did not reflect real world riding times or conditions

4 – The EPA did not know that Jade Mill and other sites where they staged from and/or rode through were former commercial mill sites.

5 – The BLM has asked the EPA to revise their draft risk assessment to pull out the statement that the risk to public health could be zero.

One question The General asked the BLM is even if there is some health risk why they did not research how their own agency or sister agencies address public health and safety (i.e. falling in a mine shaft, fishing/eating mercury laden fish, snake bites, falling to your death while rock climbing, drowning while swimming in a river or lake, etc.) risks? Their only answer was that they selected not to do ANY research to see how they could keep the area open.

RECREATION CASE STUDY

See how Illinois State Parks addressed a similar recreation-oriented asbestos issue next to an EPA Superfund Site (there are a number of studies linked in the article)
http://www.atsdr.cdc.gov/sites/illinois_beach_state_park/

Would a different BLM area manager have kept CCMA open? The General believes that the former area manager. Bob Beehler, would have not told the EPA to amend the draft risk analysis and would have keep CCMA open until better science was produced.

During the public comment period, the chairman of the OHMVR commission said he felt there is a need for a peer review of the EPA risk assessment. The General agrees.

The ugly CCMA saga continues…

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.

Day Before Christmas Carnegie Crisis Update

On the day before Christmas, The General wanted to leave riders with a couple of thoughts.

Even though many Bay Area off-roaders are still in a state of shock while trying to mentally process the impact of our own “OHV Version” of Pearl Harbor, I am proud of your response to this unprovoked and senseless attack on families who like to ride.

The Carnegie Crisis may even eclipse the gut punch felt by OHVers when the BLM announced the blanket closure of Clear Creek to ALL users in May 2008.

See Joint Statement by OHV Organizations on Clear Creek DEIS
http://www.sharetrails.org/

What makes the Carnegie Crisis so unique is that it caught thousands of Bay Area riders off-guard since many of them had not been keeping track of battles already being fought in the OHV Wars (circa 2002 – present). To these recreationists the war was being fought on “distant lands.” Those far off fights were mostly on lands managed by the Forest Service or BLM.

Did this attack awaken a sleeping giant? I think it did. As I told one news reporter, never before in my 20 years of being on the front lines of many environmental battles have I ever received the volume of phone calls or emails in such a short period on any given issue. The tone and direction of most calls was a substantive response. The vast majority of folks stated they want to join the battle and be part of the solution.

As we get ready to celebrate Christmas with our families, The General would like to leave you with a set of orders.

1 - Enjoy Your Family – Celebrate this season with your loved ones despite the crisis

2- Join BRC and its effort to preserve and protect OHV recreation in CA and elsewhere. You can earmark donations to the BRC General Fund or to the BRC Legal Fund at the site below
https://www.sharetrails.org/secure/join_or_contribute/?c=1

3- Join AMA District 36 as they are a critical partner on this and other land use fights
http://www.ama-d36.org/

4- Join a local OHV club – there are many in the Bay Area

5 - Attend the Fellowship Ride on Dec. 28 at Carnegie

6- Prepare for this and other fights that will be coming at us in 2010 and beyond

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As I have stated before, the OHV community will be defined by how it responds to this crisis.

Even though the Recreation HQ will be closed for the Christmas/New Year’s Holiday Season, be assured The General will be monitoring the action and posting important updates on the Carnegie Crisis. See you on the 28th.

The General wishes you all a Merry Christmas!!!

If folks would like to contact The General via snail mail, his address is below:

Don Amador
Recreation HQ
555 Honey Lane
Oakley, CA 94561

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Crazy Uncle Found in CCMA DEIS

On December 4, (commonly called a data dump when done on a Friday, since few in the media or users will have time to read and initially respond in a timely manner), the BLM published/posted the Draft Resource Management Plan and EIS for CCMA.

BLM’s DEIS Website
http://www.blm.gov/ca/st/en/fo/hollister/clear_creek_management_area/CCMA_RMP.html

As riders know, the CCMA land closure saga is very complex. In a normal OHV-related NEPA process (TMR, new staging areas, trail construction, etc.), the land agency has a Purpose and Need and Goals and Objectives. Usually, those tenets are related to managing OHV recreation as it relates to wildlife, soil, flora, etc.

What makes CCMA different is the “asbestos” health issue. That “crazy uncle” in the basement is now sitting at the front of the dinner table telling his family what food (e.g. trails and access) they can eat.

In a normal OHV NEPA DEIS process, OHVers would submit a proposal to either support one of the action alternatives including the preferred alternative (if they are OHV friendly) - since supporting the no-action alternative as your only option is IHMO usually a waste of time, support a modified action alternative – that could include the preferred alternative or an action alternative the “mixes and matches” various items from the different alternatives, or to propose a new alternative that mixes and matches items from the menu – however, this may require a supplemental DEIS if it is too different from alternatives in the DEIS.

What is problematic with the CCMA DEIS is their working thesis continues to be that “all asbestos is bad asbestos.” BRC and others believe that assumption is false or at least uncertain - even BLM’s own staff had questions on the validity of the EPA study as day-lighted in BRC’s FOIA Request)

BRC FOIA Information also link to Turcke Letter
http://www.foccma.org/html/home/LatestNews.php

In The General’s personal opinion, that false assumption has created an arbitrary decision matrix that functionally excludes any alternative that includes historic levels of OHV use in CCMA in what appears to be a political decision or calculation on BLM’s part to keep OHV use out of CCMA.

Riders cannot forget the fact that at several of the public scoping meetings in 2008, BLM representatives told Steve Kortoff (Friends of CCMA leader) an others that they were closing CCMA to OHVs because they were afraid of “lawsuits” (most likely suits related to enforcement of the Clean Air Act or other air quality legislation/rules).

Just as BRC stated in June 2008, it is, and will continue to be, their goal to bring sound science into the decision-making process and to have CCMA reopened for responsible OHV recreation.

The General believes OHV groups collectively are in agreement that they are going to work together to get CCMA reopened for motorized recreation and permitted OHV events. The analysis of the DEIS will take some time (probably mid-January at the earliest) and I believe riders on blogs and the internet would serve themselves and sport well to let BRC and other groups review the document in a professional manner. Between now and the expected BLM public meetings in January, folks should enjoy the Christmas Season. There will be plenty of time to fight the battle in 2010.

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BRC Sends FOIA Based Letter To BLM on Clear Creek

The General understands just how frustrated and angry many of the troops are regarding the interim closure of CCMA to all users. This issue has been very diffucult and there has been a lot of finger pointing and unwarranted accusations. Not productive or helpful in my book.

On May 6, 2009, BRC’s Don Amador filed a FOIA with the BLM (see FOIA request below)

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SENT ON BRC LETTERHEAD

May 6, 2009

California State Office, BLM
Lawrence Weitzel
FOIA/PA Coordinator
Federal Building
2800 Cottage Way/W-1834
Sacramento, CA 95825-0451
916-978-4409
FAX 916-978-4416
CA_FOIA@blm.gov
Re: Freedom of Information Act Request

Dear Mr. Weitzel:

This request for information is filed under the Freedom of Information Act. It is submitted on behalf of the BlueRibbon Coalition, a national trail-based recreation group.

BRC requests that a copy of the following communications (letters, emails, faxes, or memos) be sent to the address given below.

Those requested documents include any and all correspondence, or notes describing such correspondence or communications, between the Bureau of Land Management and/or Department of Interior and members of the public, other stakeholders, organizations, law firms, attorneys, other governmental or state land or regulatory agencies, and environmental groups which address (1) the issue of asbestos-related “agency liability” regarding continued public access to the Clear Creek Management Area (CCMA); and/or (2) threats of litigation or risks to human health associated with past or continuing human recreational access to the CCMA . We request information dated between January 1, 2003 and April 27, 2009.

As a 501 (c) (3) tax exempt non-profit group, BRC believes that it qualifies for a fee waiver under the Department of Interior’s FOIA regulations (43 CFR Part 2, Appendix D).

BRC publishes a monthly magazine for our membership and that publication is also distributed to Members of Congress, various land managers, and the media so they can better understand how federal recreation-oriented decision making affects our access to public lands and waterways.

Information received from FOIA requests and other sources is often used by BRC staff to prepare for testimony before Congress. In fact, I have used such information in my capacity as the Western Representative for the BRC in testimony before Congress – as an invited panelist -- regarding the Clinton-Gore Roadless Plan and the Boxer-Thompson Wilderness Bill.

BRC does not have any commercial interests regarding CCMA. Because of the aforementioned facts regarding how BRC will use information obtained by this FOIA request to help our membership, Congress, and the media better understand how the agency decided to close CCMA to all public uses while an environmental review process is completed, BRC again believes that it qualifies for a fee waiver.

I request that the information I seek be provided in electronic format, and I would like to receive it on a personal computer disk (or a CD-ROM).

I may be called at the telephone number listed below during business hours to discuss my request, if necessary.

Sincerely,

/s/ DON AMADOR

Don Amador
Western Representative
BlueRibbon Coalition, Inc.
555 Honey Lane
Oakley, CA 94561
Office: 925.625.6287
Email: brdon@sharetrails.org
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Today, BRC counsel sent a letter to BLM based on information from the FOIA. You will find a copy of the 22 page letter hot-linked into BRC’s News Release:

BRC NEWS RELEASE ON CCMA/FOIA
http://www.sharetrails.org/releases/media/?story=652

Thanks in advance for your continued patience and understanding during these diffucult times.
Stay engaged and involved. Don't give up.