The advent of the new administration in Washington, D.C. provides an opportunity to undo some of the regulatory overreaching of past administrations. One excellent candidate is the 2005 regulation issued by the United States Forest Service (the “Forest Service” or the “Service”) that has resulted in the unnecessary closure of tens of thousands of routes and trails to off-road motorized travel in the nation’s national forests. Those closures were made by the Forest Service in connection with dozens of Environmental Impact Statements (EIS) under the National Environmental Policy Act (”NEPA”), by which the Service unintelligently sought to restrict public access to our national forests.
We believe NEPA was enacted by Congress to protect the “human environment,” not to keep humans out of the environment. The 2005 regulation was worded in a way that encouraged the Forest Service to use NEPA to restrict, rather than allow public access to public lands. With targeted language changes, Travel Management Rule regulations can be made to encourage rather than discourage public access.
The First Amendment of the United States Constitution provides citizens with the right to petition the government for redress of grievances, which the Supreme Court has characterized as “among the most precious of liberties safeguarded by the Bill of Rights.” That provision, along with statutory authority in the Administrative Procedure Act, 5 U.S.C. Section 553(e), gives us the right to file with the Forest Service an Administrative Petition seeking revision of the 2005 rule, while at the same time seeking rescission of the numerous EISs and Records of Decision made under that rule. Rather than attacking each EIS and Record of Decision individually, which would take substantial time, effort, and resources, we could address in the Administrative Petition the source of the problem, namely, the 2005 Rule. This could be accomplished without litigation or legislation.
For decades advocacy groups such as the Natural Resources Defense Council and the Environmental Defense Fund have effectively used the Administrative Petition process to persuade federal agencies to take stringent regulatory measures restricting access and use of public and private lands. Once a federal agency sets rules in place, courts tend to defer to its “expertise,” making it difficult to succeed in challenging final agency rules in court.
Now it’s our turn to use the same administrative process to roll back the regulatory wave, using a healthy dose of liberty-thinking. There is no better place to wage this battle than in the arena of public access to our national forests under the new administration.
We have been talking with Ted Hadzi-Antich, a lawyer who is with the Texas Public Policy Foundation (“TPPF”), an Austin-based, liberty-oriented, non-profit organization. TPPF’s website is http://www.texaspolicy.com. Ted has expressed an interest in working with us in connection with the administrative petition process. As a non-profit group, TPPF would not charge legal fees if it undertakes the legal representation. We have concentrated our efforts on the following areas for change:
· Access to the public for: Fuelwood cutting and fuelwood retrieval, dispersed camping, big game retrieval, rockhounding, recreational mining and gathering of edible resources.
· Coordinate ease of access with secondary users of road and trails including private property owners, grazing permittees, owners of mining claims, and ensure ease of access to sacred sites and burial areas.
· Require Forest Service officials to engage in significant coordination with state, local government, and tribes for a resulting transportation system that encompasses local planning designations.
· Require the responsible official to consider effects on natural and cultural resources, public safety, and provision of recreational opportunities, access needs for elderly and disabled to ensure parity of experience for motorized and non-motorized users.
We are seeking like-minded off-road organizations in all parts of the nation to join our efforts. We look forward to hearing from you! If you are interested, please contact:
Corky Lazzarino
Executive Director
Sierra Access Coalition
O: (530) 283-2028
C: (530) 616-0133
info@sierraaccess.com
Amy Granat
Managing Director
California Off-Road Vehicle Association
O: (916) 775-4744
C: (916) 710-1950
The OHMVR Division has posted the preliminary grant requests and is asking for public comments. Keep the comments professional and only related to the contents of the grant request.
For instructions on how to read and comment on any of the grants, start here:
http://olga.ohv.parks.ca.gov/egrams_ohmvr/admin/ViewAppDocs.aspx?pdfappcode=000825
If you only want to read submitted comments, click here:
http://ohv.parks.ca.gov/?page_id=29501
Find Your Legislator and send a polite letter to your representatives restating some of the following in your own words:
There are currently nine different OHV-related bills that have been submitted to our California legislature in 2017. All of the bills will have to go through various committees and be approved. Minor to major changes to the bill is to be expected during the process. The two bills that would affect the state OHV program which runs under the Off Road Motorized Vehicle Recreation Division (OHMVR) of the California Department of Parks and Recreation will be the first to be reviewed. Bills that affect the financing of the state OHV program will be reviewed in a later article.
Assembly Bill 1077: This bill will eliminate the sunset date on CA’s OHV program. Our state OHV program started in 1971, through the enactment of the Chappie-Z’berg Off-Highway motor Vehicle Law. In 1982, the principals of the law were expanded upon enactment of the Off-Highway Motor Vehicle Act. Numerous amendments to the act have been enacted. The current legislation regulating the OHV program, SB742, was passed nine years ago with a sunset (expiration) date of Jan. 1, 2018. If no legislation is passed this year to change the expiration date, our state OHV program will no longer exist. The future of our SVRA’s would be in question. AB 1077 is a simple bill that if passed, would eliminate the sunset date completely. Amendments to the OHV program could still be made each legislative year.
AB 1077 Legislative Info
Senate Bill 249: This bill makes major changes to the state OHV program.
1. The bill would require the Director of Parks and Recreation to assemble a science advisory team to advise and assist the department and the division in meeting the natural and cultural resource conservation purposes of the act, as specified. The bill would also prohibit any expansion of an existing or development of any new, state vehicular recreation area or allocation of grant program funds for new or expanded units of the system until the science advisory team completes its review and submits its recommendations to the department, and the department implements the recommendations.
2. Existing law requires any money temporarily transferred from the Off-Highway Vehicle Trust Fund to the General Fund to be reimbursed, without interest, within 2 fiscal years of the transfer. This bill would delete this provision
3. Currently a major portion of the funding for the OHV program comes from the Motor Vehicle Fuel Account and that money is deposited in the Off-Highway Vehicle Trust Fund. SB-249 would change this:
This bill would initially require these fuel taxes to be transferred to the State Parks and Recreation Fund. The bill would require the Director of the Department of Parks and Recreation, in consultation with the State Park and Recreation Commission, to include, in the annual budget submitted by the Governor to the Legislature, a proposed allocation of fuel taxes for the purposes of the department, including support for state parks and the Off-Highway Motor Vehicle Recreation Program. The bill, upon enactment of the Budget Act, would require the portion of fuel tax revenues allocated by the Budget Act for purposes of the Off-Highway Motor Vehicle Recreation Program to be transferred to the Off-Highway Vehicle Trust Fund. The bill would make statements of legislative intent in this regard.
4. The OHMVR Commission is made up of 9 political appointees. Under current legislation, there is flexibility in the makeup of the Commission members. Under SB-249, tighter adherence to the diverse representation would be required. No more than two Commissioners may serve under the same qualification at the same time.
The qualifications are:
(1) Off-highway vehicle recreation.
2) Biological or soil sciences.
(3) The legal and practical aspects of rural landownership and management.
(4) Law enforcement.
(5) Environmental and cultural resource protection.
(6) Nonmotorized outdoors recreation.
5. This bill would extend the sunset date for five years to Jan. 1, 2023, by which time the legislature would have to pass a bill to once again extend the time frame of the OHV Program.
Please stop by to provide your input!
Public Workshops will be held at the following locations: 1 Ventura County Feb. 15, 2017, 6 - 8 p.m. Topping Room, E.P. Foster Library 651 E. Main Street, Ventura, CA 93001
2 Los Angeles County Feb. 16, 2017, 6 - 8 p.m. William S Hart Museum Meeting Hall 24151 Newhall Avenue, Newhall, CA 91321
3 Frazier Park Feb. 22, 2017, 6 - 8 p.m. Cafeteria, Frazier Mountain High School 700 Falcon Way, Lebec, CA 93243
4 Kern County Feb. 22/23, 2017, 6 - 8 p.m. Clarion Hotel 3540 Rosedale Highway, Bakersfield, CA 93308
Project Contact: Peter Jones Off-Highway Motor Vehicle Recreation Division San Andreas District Email: info@PlanHungryValley.com Mail: P.O. Box 1360 Lebec, California 93243
Download the PDF
Take Action
Urge President Donald Trump to oppose the Office of United States Trade Representative's proposal to place 100 percent tariffs on motorcycles imported from the European Union in the E.U. - U.S. beef hormone trade dispute. The tariff would affect motorcycles with an engine size between 51cc and 500cc, which includes a vast range of off-road machines and many entry level street bikes and scooters. CORVA and other OHV advocates, oppose the proposed tariff, because we believe trade disputes residing within the boundaries of the agricultural industry should not be solved with trade sanctions levied against non-agricultural products. Further, the impact of this tariff increase will have a cascading effect through the motorcycle industry, consumers and those linked to either the consumers or the industry. Affected manufacturers include: 1) Aprilla; 2) Beta; 3) BMW; 4) Ducati; 5) Fantic; 6) Gas Gas; 7) Husqvarna; 9) KTM; 10) Montesa; 11) Piaggio; 12) Scorpa; 13) Sherco; 14) TM; and 15) Vespa.
On Jan 12, 2017, there is a meeting scheduled by the California Coastal Commission concerning potential changes to the permit for Oceano Dunes SVRA.
To read the documents related to the meeting:
https://documents.coastal.ca.gov/reports/2017/1/th14a-1-2017.pdf
Without access to the safe public track crossing in Glamis, a potentially deadly situation has been created. Help by petitioning to re-gain access to the Glamis crossing that was taken away by Union Pacific Railroad.
Click here to Petition.
Click on link to see the news story http://www.kusi.com/story/33746556/turko-files-mission-impossible
CORVA Field Representative Doug Varner:
PCT Survey Report (Release Edition)(11-2-16)
On Friday November 4, 2016 I attended a California State Parks Off-Highway Vehicle Recreation commission meeting in Holtville, Ca. On the agenda for this meeting was a report by the Kern County Sheriff’s Office on the Pacific Crest Trail. Sergeant Fred Wheeler and Sergeant Steve Williams representing the Kern Sheriff’s Department presented their report on the Pacific Crest Trail to the OHV Commission and the public in attendance. The Sheriffs gave a very detailed report on their OHV trespass Investigation and Hiker Survey. Attached is a copy of their 15 page report. In short, the investigation shows “motorized trespass on the Pacific Crest Trial in Kern County in negligible”. Some of the reports of trespass on the Pacific Crest Trail were false. The conclusion of the Sheriff’s Survey of Pacific Crest Trail hikers found that “hikers and off-highway vehicle recreation can coexist harmoniously and peacefully”.
The eight members of the OHV commission then made made their comments to the public. All eight members made positive comments on the Kern Sheriff’s report. Commissioner Ed Patrovsky stated that he had taken a tour of the area a few years ago with main complainer of OHV activity in this area of the Pacific Crest Trail. He admitted that he was “taken in” by the reported “freeway like conditions of OHV activity on the Pacific Crest Trail.” He now realizes from the Sheriff’s report and our work that the initial reports of trespass were exaggerated. Commissioner’s Slavic and Lemmon both felt some type of action should be taken against the individuals making false claims of OHV use on the Pacific Crest Trail.
Finally Commission Chairman Ted Cabral stated that the agenda of this public meeting had been made public for sometime. The agenda had been emailed to all of the interested parties in the topic of trespass on the Pacific Crest Trail. Commissioner said he found it telling that parties that were so eager to report “freeway” like conditions of Off-Road vehicles on the Pacific Crest Trail would not appear for a public hearing and comment on the report by the Kern County Sheriff’s Department.
We must continue to tell our off-road friends and guests to avoid the Pacific Crest Trail. Kern Sheriff’s, BLM Rangers, US Forestry Rangers, and California State Parks Off-Highway Motor Vehicle Recreation Police will continue to patrol the Pacific Crest Trail.
Hello from the Off-Highway Motor Vehicle Recreation (OHMVR) Division!
It’s that time again – time to prepare for the 2016/17 Off-Highway Vehicle (OHV) Grants and Cooperative Agreements Program (Grants Program) grant cycle. Workshops for the upcoming grant cycle are scheduled for the week of January 09, 2017.
The two-day workshop, one held in Southern California and one held in Northern California, will be two full-day sessions. Please see the attached agenda for information on the workshops.
Applicants may attend one or both days of the OHV Grants Program workshop. Although attendance is not required to participate in the OHV Grants Program, the OHMVR Division highly encourages applicants to attend, as the workshops provide valuable information.
The schedule for the workshop is as follows:
SOUTH
Date: Monday, January 09, 2017
Tuesday, January 10, 2017
Where: Doubletree Hotel
222 North Vineyard Avenue
Ontario, CA 91764-4431 Phone (909) 937-0900
Note: See attached schedule for agenda information. Individuals attending the first day of the workshop should bring a laptop as the session will include “hands-on” instructions for navigating OLGA.
OHMVR Division staff does not make hotel reservations for workshop attendees. Please contact the hotel directly if you would like hotel accommodations.
NORTH
Date: Thursday, January 12, 2017
Friday, January 13, 2017
Where: Lions Gate Hotel
3410 Westover Street
North Highlands, CA 95652
Phone (866) 258-5651
Please RSVP your workshop attendance via email to ohvinfo@parks.ca.gov. Please include the following information in your email:
Please submit your RSVP by close of business Wednesday, January 4, 2017.
Updates regarding the workshops will be provided as necessary on the OHMVR Division’s website at www.ohv.parks.ca.gov.
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