COMMENTARY ON PEER'S EFFORT TO DEFUND CA OHV PROGRAM

On July 6, 2009 PEER (parent organization of Rangers for Responsible Recreation – one of its rangers is being interviewed by the US Senate today for National Director of BLM) issued an error filled news release advocating for the gutting of the CA OHV Program.

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PEER NEWS RELEASE
http://www.peer.org/news/news_id.php?row_id=1214

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As some of you know, BRC’s Don Amador spent over 100 hours in the summer of 2007 working with a core group from state parks, the OHV and green lobby, and the Governor’s Office on SB742 – a bill that would provide the state with an ecologically-balanced OHV program. At the end of the day, it got almost a unanimous vote of approval by the state legislature and was signed into law by the Governor. BTW – PEER opposed the bill.

Based on my recollection of some intense negotiations on SB742, and my review of the bill, here is my response to PEER’s bilge.

RESPONSE AND OVERVIEW

A bipartisan committee (GOP, Dems, Enviros, and OHVers) back in the early 1970s: created the 1971 Chappie-Z’berg Act. The bill provided a stable funding source of non-General Fund monies to help pay for trail maintenance, law enforcement, new riding areas, and safety/education. This concept is similar to other user pay/user benefit state programs such as Boating and Waterways where fuel taxes on gasoline burned by boaters is set aside for managing reservoirs and waterways. In a similar fashion, fuel taxes on gasoline burned while operating vehicles off-highway is set aside for managing off-highway vehicle recreation throughout California on local, state, federal and private lands.

According to the Revenue and Taxation Code, funds generated by off-highway recreation shall be used to for managing off-highway recreation, just as on-highway funds are used for highways.

Since the working group spent a lot of time discussing the following foundation block or tenet of SB742, let me restate it for the record… the bill says that the program is to support both motorized recreation and “motorized off-highway access to nonmotorized recreation.” SB742 states that priority should be given to grant projects that maintain existing OHV opportunity, and then give extra consideration to those projects which also provide motorized access to nonmotorized recreation.

BTW –I seem to remember that OHMVR staff said at a OHV meeting that that approx. 20-21 percent of the OHV fund comes from the new increased OHV reg. fees – not 12%


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Highlights of SB742
http://www.parks.ca.gov/pages/1140/files/sb%20742%20highlights%2011-21-07.pdf

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Read About CA OHV Laws
http://ohv.parks.ca.gov/pages/1140/files/ohvlawsbook-2008.pdf

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I don’t think the legislature is paying much attention to PEER’s effort to defund the OHV program. At this time, I think we need to just be armed with the facts and be ready to stand up and defend our program when asked by someone about PEER’s false accusations and their ludicrous proposal to take OHV monies.

The General believes (and has stated on many occasions) that regular state parks should find a way to become a user pay/user benefit program such as Boating or Waterways or the OHMVR Division instead of relying on monies from the General Fund.

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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.

Rockers and Youth to the Rescue

I can’t tell you how many times The General has been at OHV meetings comprised mostly of aging white guys of various body types. What has been lacking is getting younger riders involved in land-use advocacy.

The good news in what has been a virtual avalanche of OHV-related bad news lately is that there are a growing number of young people who are stepping up the plate and answering the call.

Just recently, the Peace Mafia, an alternative rock band based in Reno, Nevada, managed a rock/BRC booth at Mammoth MX. Their goal is to get rockers, young people, racers, and others involved in helping keep trails open. The band has made a long-term commitment to land access.

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BRC News Release on Peace Mafia/Mammoth MX
http://www.sharetrails.org/releases/media/?story=651

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Also, I see other younger riders getting involved and learning the trade. In Northern California, a rep. for a major aftermarket company is representing OHV interests
on a county/stakeholder planning group. He has made a commitment to learn the process so he can be part of the solution. Good for them and even better for us old guys and the sport.

I challenge more celebrities in the art/music/movie/TV industry to get involved in the fight to keep trails open. Consider hosting a concert or trail ride. Donate your time for a PSA. Consider making a financial contribution to BRC or some other land use organization. There is no time like the present for you to get involved.

If you want to send a donation, plan a concert, host a fundraiser trail ride, or make some other commitment…feel free to contact The General.

Don Amador
The General’s Recreation HQ
555 Honey Lane
Oakley, CA 94561
Office: 925.625.6287
Email: damador@cwo.com

To send a donation to BRC:

The BlueRibbon Coalition, Inc.
4555 Burley Drive, Ste. A
Pocatello, ID 83202
www.sharetrails.org

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THE 3 PHASES IN THE LIFE OF A LAND USE ADVOCATE

As I read where Mark Rey (former timber lobbyist and member of the Bush Administration) was recently hired by the eco law firm WildLaw, I am reminded of the 3 phases in the life of an effective multiple-use advocate as told me by a friend of mine who works in state government.
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Article on Rey Getting Job with WildLaw
http://www.clarkforkchronicle.com/article.php/20090623184731959

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Step One - When a conservative land use advocate first arrives on the scene, green groups often ignore you or dismiss your ideas.

Step Two – As you become an effective spokesperson for access to public lands, environmental leaders and organizations (and even some OHV groups) will demonize you, call you names, and try and discredit your work.

Step Three - Once environmental groups realize that you know what you are talking about and are an effective champion for multiple-use of, and access to, public lands – those same groups will try and hire you.

I hold no grudge against Rey for getting a gig with WildLaw since he has bills to pay and a family to support. Quite frankly at this time and place, the job opportunities working for conservative land-use organizations are slim to non-existent. Good job Mark!

Celebrate Freedom on this 4th of July

Charles Sumner (an American Statesman) once said, “There is the National Flag. He must be cold, indeed, who can look upon its folds rippling in the breeze without pride of country. If he be in a foreign land, the flag is companionship and country itself, with all its endearment...The very colors have a language which was recognized by our fathers; white is for purity; red, for valor; blue, for justice. And altogether, bunting, stripes, stars, and colors, blazing in the sky, make the flag of our country, to be cherished by all our hearts, to be upheld by all our hands .”

As we celebrate the 4th of July during this time of war with Islamic terrorists, a time of economic crisis, and a time of attacks on our access to public lands - let us continue to honor those who fought (and often times died) to give us freedom by not giving up and by staying the course. I know many of my readers are inspired to do and accomplish great things in the name of freedom. In fact, it is the tenacious actions of some of you (and you know who you are) that continue to inspire and encourage me.

Also, let us not forgot the troops who are on the frontlines today. I know many of you are already engaged in some sort of support effort. For those of you looking for a way to support the troops, The General would like to suggest that you check out Adoptaplatoon.org -- Trust me, our troops love getting care packages from home that include items (that we off-roaders like too) such as beef jerky, salve and powders to help with monkey-butt, games, current magazines, snacks, mag lites, AA and AAA batteries, etc. Working through Adoptaplatoon is a good way to get involved.

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ADOPTAPLATOON.ORG

http://www.adoptaplatoon.org/

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There are lots of patriotic songs out there that one can listen to that will make you feel proud to be an American. One song I want to suggest is the American Trilogy sung by Elvis Presley – a Great American in his own right. When you listen to this song… turn your speakers or headsets up. Enjoy the song and be proud to be an American. We have a rich history and I think this song captures it in a unique manner.

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ELVIS TRILOGY

http://www.youtube.com/watch?v=moUifEmOcbU

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This weekend I want you to remember the following words from Dwight D. Eisenhower, “Freedom has its life in the hearts, the actions, the spirit of men and so it must be daily earned and refreshed – else like a flower cut from its life-giving roots, it will wither and die.”

The General salutes you all on this 4th of July.

National Park Service Take Over of State Parks is Bad Idea

The General has received a number of questions from the field regarding the proposal by the National Park Service to take-over a 6 or more units of the California State Park System including the state portion of the Redwood National and State Parks in Humboldt and Del Norte Counties.

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NYT-Greenwire Story

http://www.nytimes.com/gwire/2009/07/02/02greenwire-national-park-service-threatens-takeover-of-6-98645.html

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RNP Website
http://www.nps.gov/redw/

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To some folks it may seem like a good idea. However, in my opinion it creates a number of recreation and access issues. Though some NPS units offer mostly non-motorized recreational opportunities, many NPS units manage their facilities as quasi-Wilderness areas where even non-motorized public access and use is discouraged.

For example, most of the public recreational opportunity (including hiking, fishing, mountain biking, and equestrian use) occurs on the state units of RNP. On the NPS lands, the feds appear to discourage public use via the small amount of trails available for non-motorized use, lack of staging/parking areas, onerous regulations, etc.

Also, if you think working with state parks is difficult… just try to “work” with the NPS in CA. In a late 1990s RNP plan amendment, the NPS stated in the document that their anti-access agenda would put the local commercial surf fisherman … “out of business.”

As politicians debate the budget in Sacramento, it would be my recommendation for them to look at implementing a “user-pay/user-benefit” program for regular state parks.
Those self-funding tools could include an increased entrance fee (such as a 15-20 dollar annual tag for your car, increased camping fees, etc.). What the public won’t support is an across-the-board fee for ALL vehicles regardless of if they use the park or not. Fees collected should be used for park-related on-the-ground public services.

At the end of the day, a take-over by the NPS of our state park units is unacceptable and a concept that should be rejected by lawmakers in Sacramento.

CODE RED ACTION ALERT - CA OHV Program Under New Attack

Several weeks ago, The General asked you to send in letters to lawmakers in Sacramento regarding a potential attack on the OHV Program and its Trust Fund. Many of you responded and stopped that attack cold - I salute you!

Now, there is a new threat to our OHV Program. According to sources in Sacramento, the Governor and Legislator are looking at taking money from the OHV program and diverting it to regular state parks – where there are NO OHV opportunities.

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Article on Threat
http://blogs.kqed.org/capitalnotes/2009/06/29/guvs-plan-b-deficit-fix/
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This concept of stealing money from OHV is not new. Some of you may remember the 2005 California Bureau of State Audits report that showed (among many things) that non-OHV parks were taking OHV monies.

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2005 Report (A good read for you AFTER you send in your letter today)
http://www.bsa.ca.gov/reports/summary/2004-126
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The General’s Orders for today are simple – FAX and send in letters TODAY! Tomorrow could be too late.

BRC has issued an action alert and has a sample cut and paste letter with Sac. Contact info.

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BRC ACTION ALERT
http://www.sharetrails.org/alerts/?alert=1042
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You can use BRC's Rapid Response Center to Contact the Gov. or Legislators

... just type in your Zip Code

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

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GREEN VIEW -- If you want to see the enviro's action alert regarding their support for

taking OHV Trust Funds... go to:

http://www.dpcinc.org/blog/2009/07/01/california-state-parks-still-in-danger-of-closure/

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Please fwd this note to your email lists and thanks for your service!!!

The General

If you want to see what the Gov. is saying in response to emails... ck out the note that

Olde Scott (FWMC and EOMB) got back from Arnold

From: governor@governor.ca.gov [mailto:governor@governor.ca.gov] Sent: Wednesday, July 01, 2009 12:00 PMTo: putorius@dishmail.netSubject: Re:keeping all major state parks and svras open

Thank you for writing to me about funding for our state parks system. Yourinput is important to me during these challenging times. California's natural beauty is renowned throughout the world, and I havemade it my priority to protect our environment so future generations ofCalifornians can continue to experience and enjoy what we have all come tolove. Our state parks provide a fantastic introduction to the Californiaexperience and help bring our residents and visitors closer to ourlandscapes.Unfortunately, the state cannot continue to bear the costs of supportingevery program.

Believe me when I say that these cuts have been the hardestdecisions of my career as Governor, but we are in the midst of the greatesteconomic crisis since the Great Depression. Our revenues for the comingyear are at least 27 percent below where they were projected to be just twoshort years ago. We now face a shortfall that has grown to $24.3 billion,and the people of California have made their voice clear: they want thestate to live within its means and solve its problems through spending cutsand not tax increases. To help manage our budget shortfall, I have proposed eliminating GeneralFund support for the Department of Parks and Recreation. I understand thatthese cuts will impact not only the lives of our park employees but themillions of park visitors who visit these national treasurers every year.

In spite of these General Fund cuts, though, I will work to keep as manyparks open as possible with funding from user fees. It may require raisingentry and camping fees, expanding partnerships with local government andnon-profit groups, and seeking additional creative ways to support oursystem in the future.As I work with my partners in the Legislature to find solutions to theseproblems, know I will keep your thoughts in mind. Working together, Ibelieve we can weather this storm and start the slow but steady march backtoward prosperity.

Sincerely,Arnold Schwarzenegger