"Designate the D#@& Trail" - Next Steps in TMR

During the recent Gulf Oil Crisis, many of us remember when President Obama issued the order to BP to, “Plug the D$%# Hole.” In a similar vein, The General is urging the Forest Service to, “Plan for and Designate the Darn Trail.”

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PHOTO: One of the Historic (and signed) OHV Routes closed in Shasta T ROD.

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The agency has boldly proclaimed at public meetings and in most TMR Subpart B planning efforts that the Record of Decision’s route network was only the foundation of its OHV trail system and that more planning and designations would take place.

Even if you have disagreed with your local Forest’s recent TMR ROD, you should be asking the District Ranger or Forest Supervisor if they will live up to their promise to do subsequent project-level trail planning.

Right now, each Forest is planning their work schedule for FY2011 which starts October 1, 2010. Here is an outline of that effort.

1 - The Forest Leadership Team (FLT) should be in the process of making a decision if a trail planning project(s) will be included in the FY2011 Program of Work (POW). That decision will be finalized in a preliminary format in the next week or two.

2 - If the FLT approves a trail planning POW, the Forest Supervisor must make the final decision to adopt the project (the Regional Office will have to concur). If adopted they should establish the prioritization and expectations for attainment of the project and how it balances with other the Forest POW. The trail projects should be hard targets. If identified as soft targets (i.e. not very important) – they won’t get done.

3 - If a trail project is adopted and prioritized it must be identified in a Forest Program Work Plan (PWP).

4 - Fiscal and Performance Accountability - this is where the plan must identify the necessary fiscal and staff resources for accomplishment.

Should a Forest decide to go forward with trail planning projects, the agency will take the appropriate NEPA procedural steps (such as issuing a SOPA) so that it can be prepared to submit a trail planning grant to a relevant state OHV grant program (various states such as CA, ID, OR, CO, etc. have a grant program).

OHV organizations and The General were assured by FS leadership back in 2002 that the CA RID Process (and the subsequent 2005 TMR) was not going to be used by the agency to effect landscape level closures to non-street legal OHVs. Tragically on many Forests throughout the country, that was a false promise.

Let’s see if the agency attempts to regain its credibility with the public by keeping the ROD’s promise of doing subsequent project-level trail planning. You will know in the next few weeks.

MENDOCINO NF ALERT - Road Gated at Crabtree Hot Springs and The Manson Family

Just when the Recreation HQ thinks it has seen everything regarding road and trail closures in Northern California, something beyond bizarre is brought to The General’s attention.
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PHOTO: Start of Private Property on NE Corner of Hot Springs Property

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Several days ago, HQ was alerted to the fact that the family which owns Crabtree Hot Springs has installed locked gates blocking 17N04, a major public transportation route (often referred to as the “OHV corridor” that links up the Upper Lake and Grindstone Ranger Districts) on the Mendocino National Forest.

After learning about this issue, HQ (on behalf of BRC) contacted the Mendocino National Forest’s Leadership Team and brought this to their attention. Based on those conversations, HQ believes the Forest is giving this “access crisis” its full attention and expects to have an update shortly.

In the meantime, a member of the public wrote a story in a local newspaper about the closure. Unfortunately, the writer wrongly identifies the county sheriff, Rodney Mitchell, as the point person for folks to send their grievances to.

Local Story/Letter to Editor on Crabtree Closure (Uncanny resemblance to the Manson info below)
http://www.record-bee.com/ci_15885547):

Manson Family Picnic Website with Crabtree Issue
http://www.mansonfamilypicnic.com/crabtree.htm

Manson Family Picnic Missive Wrongly Directing Folks to the County Sheriff
http://crabtreehotsprings.hpage.com/

While this issue is being addressed by the Forest, HQ urges riders not to use the portion of 17N04 that transects the private property. Rather, OHVers should allow the Forest to work with the county sheriff and others to find a long-term solution to this issue.

If you have concerns, HQ requests that you correctly address those notes to the lead agency (the FS) and the proper staff. For now, send those concerns to:

Mike Burmann
OHV Manager
Upper Lake Ranger District
Email: mburmann@fs.fed.us

Be assured, The General will work to see that a solution is found in either the collaborative, administrative, or legal arenas.

Loss of Freedom at Independence Lake - A Sierra Tragedy

The Recreation HQ has mostly focused on the current battle to protect historic access to motorized trails on public lands. Those efforts include; TMR, Obamuments, eco-lawsuits, and new Wilderness or other restrictive land proposals.

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PHOTO: Map of Independence Lake (click on map for expanded view to see roads, boat ramp, and campground)

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Today, HQ wants to direct your attention to a small albeit important water-based access fight currently taking place at Independence Lake near the Little Truckee Summit OHV/OSV staging area.

Aug. 25 Article on Lake Fight
http://www.sierracountyprospect.com/Tired_of_TNC.html

This hugely popular lake was managed by Sierra Pacific Power and was open for use by campers, power boaters, fisherman, and the general public. Recently, The Nature Conservancy “bought” the 2,300 acres that surrounded the lake from the power company.
Of the $15 million dollar purchase about $13 million dollars were public funds.

TNC Project Overview
http://www.nature.org/wherewework/northamerica/states/nevada/preserves/art29603.html

What makes this story important is that there are a small yet grimly determined group (several are BRC members) of local users who think they got the raw end of the deal (they did!) when TNC closed the campground, roads, and boat ramp (click on the above map to see the ramp, campground icons and the roads) to the public and banned the use of even small fishing boats with trolling motors on the lake.

HQ believes that with the current trend of power companies divesting themselves of land surrounding water projects that riders (and water users) should be engaged in any public process surrounding these land purchases.

The General will be watching this issue as the loss of public access to lakes in California via “less than honest or transparent” land deals is just as important as losing historic access to motorized trails. This also begs the question, “Should public monies be used to buy lands and then close them to local users?” HQ believes the answer is a big NO.

Rather, these lands that often sit in the middle of our National Forests should be transferred to the adjacent federal land agency that has a multiple-use mandate vs. a green land trust with a mission to restrict or ban historic public use on lands or waters they acquire.

Thanks for your interest in this story!

OHV Legal Fundraising Fatigue

As part of his work for BRC, The General is often given the lead regarding fundraising for legal efforts in his district. What has always been a difficult job has now become even more troublesome given the ongoing economic crisis in the country.

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PHOTO: The General on a Designated Trail in Six Rivers NF

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First, HQ wants to thank all of you (and you know who you are) who have donated to BRC’s legal efforts in CA including Six Rivers, Eldorado 2, So Cal Roadless, Clear Creek, and CDCA WEMO-NECO.

Link to Page 16 of Current BRC Online Magazine’s Legal Update
http://www.sharetrails.org/uploads/BRM_AUG-2010-Legal-Update.pdf

Second, HQ wants to encourage all riders -- who have promised to support BRC legal efforts but have not yet donated funds -- to go online and make that donation now.

HQ understands the difficult economic situation faced by many OHV families and businesses. If you are able to fulfill that commitment (a promise that TG is counting on), please go online and make that legal donation today at:

BRC Online Donations
https://www.sharetrails.org/secure/join_or_contribute/?c=1

Snail Mail Donation Form
http://www.sharetrails.org/memberforms/Contrib.pdf

HQ thanks you in advance for your review of this request. Your fiscal support – or lack thereof - for these cases will be used as a decision metric for OHV involvement in future litigation. A special salute to those who have and are continuing to make fiscal donations to our legal efforts.

Contact info for The Recreation HQ

Recreation HQ
555 Honey Lane
Oakley, CA 94561
Email: damador@cwo.com

Prop. 21 - New Tax, Slush Fund, or Good Idea?

The Recreation HQ wants to remind riders that we are heading into the heat of the 2010 political election season. There will be many issues and candidates for OHVers to review and consider.
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PHOTO: HQ's trusty 2001 Montero (with 136K miles)

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One such issue is the California State Parks Initiative (Prop 21). On several occasions The General has shared his views on that plan to create a $500,000 dollar/yr. slush fund that will be used, among other things, as a way to shunt monies to environmental groups and green agencies (that have nothing to do with state parks) such as the Ocean Protection Council.

HQ’s March 10 Overview of Prop. 21
http://thegeneralsrecreationden.blogspot.com/2010/03/california-state-parks-initiative-18.html

As HQ told the Sac Bee reporter when he called for info (info that was left out of the “crime in state parks” article) regarding TG’s view on state parks, OHV, and Prop. 21… “OHVers have several ways to look at this issue. For those who use SVRAs, it might be a fiscal wash since they won’t have to pay entry fees. For those who only ride on federal lands, they might feel it is a double or triple tax since their green sticker funds already go to support those units. But the real question for the proponents of Prop. 21 is if the 60-80 percent of Californians who don’t use state parks will want to pay another tax for something they don’t use?”

It looks like The General is not the only one questioning the fiscal wisdom of Prop. 21. In the link below, Michelle Steele gives an excellent overview from her perspective.

Michelle Steele’s take on Prop 21 as a new car tax
http://www.pasadenastarnews.com/ci_15850952

HQ loves state parks and its concerns should not to be taken as a lack of support for either motorized or non-motorized units. Rather, The General questions the wisdom of asking taxpayers to cough up scarce monies in this current economic downturn to fund a program that in large part simply creates yet another slush fund in Sacramento.

New Green Subpart A Lawsuit Shows Lust for Closures

The Recreation HQ was not surprised today when it opened its email to find that CBD, The Wilderness Society, and other green groups filed a “Subpart A” based lawsuit against the Stanislaus National Forest’s recent ROD for TMR.

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PHOTO: The General on Field Tour with Recreation Outdoor Coalition

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August 12 CBD Lawsuit
http://www.sharetrails.org/uploads/Stanislaus_Lawsuit_aug_2010.pdf

The General along with many pro-access Forest Service employees have known that the original 2002 “Farrington Triangle” and the subsequent 2005 TMR were developed by closure advocates within the agency and lobbyists on K Street to effect landscape level closures or to set up the agency to be targets of anti-access groups and their lawsuits.

Most of us knew the Forest Service would never be able to develop lawsuit-proof TMR plans that could withstand the much anticipated and never ending parade of nuisance lawsuits filed by green groups to force the agency to close tens of thousands of miles of roads, trails, and areas to motorized use.

What is new about this lawsuit is that it largely bases its flawed legal merit on the “minimum road network,” fiscal restraints, and forest-wide travel analysis found in Subpart A.

It is The General’s belief that no amount of planning that treats the OHV community in a fair manner will satisfy the anti-motorized community’s lust for landscape level closures.

All this suit does is substantiate HQ’s working thesis that today’s TMR is being used to close the Forest to public use. In the rare case where a Forest tries to strike a balance, the enviros have shown they will club that unit into submission until they get the desired amount of trails and roads closed to motorized access.

This suit should give pause to the agency as it prepares to launch Subpart A planning in Region 5. The question for the agency is, “Do we have enough resources to craft fair-mined plans that can withstand green lawsuits or should we continue to bow at the alter of the environmental movement to avoid those suits?” I can guarantee you the agency does not have the resources to fight lawsuits on every Forest. Hence, it is my fear the agency will continue to offer the public plans that close historic roads and trails on an unprecedented scale to motorized use.

It may be a good agency strategy to recognize they don’t have the resources at this time to fight these battles. Rather they should simply stick with the current Subpart B plans and allow various Forests to complete the much promised subsequent “trail plans” that were promised to the OHV community in many a ROD’s narrative.

What is for certain is if the agency continues with Subpart A planning, they WILL be sued by anti-access groups if said plans don’t close thousands of miles of roads and trails.

Folks we are in what I call the “OHV Dark Ages” where common sense management and fairness are being replaced by dark lawsuits designed to make riders an endangered species. We should be asking our elected officials to help with NEPA and EAJA reform to counter this onslaught. Some of them already are!

Do we give up? NO! We continue to fight back and stay the course. These times call for a strong heart and will. The HQ thanks you for your efforts and support.

HQ Closed Aug 16-18

The General will be in the field at meetings Aug 16-18. The HQ will reopen on Aug. 19.