Please let your Legislator know that you:
CORVA's Southern Regional Board is working on bringing back the Truckhaven Challenge. It will be held in Ocotillo Wells and is tentatively set for January 20, 2018. We will keep you posted, but please save the date and plan now to support the CORVA Truckhaven Challenge. Volunteers will be needed and sign-up information will follow. Check the CORVA website often for updates!
George Thomas Memorial Off-Roader of the Year (2016) – Neil Hamada
Past President’s Award - Kathy Lynch
American Buggy Association’s Edward H. Waldheim Political Action Award - Ed Stovin
Los Aventureros Conservation Award - Friends of Frank Raines
Looney Duners Charity Award - Orange County Dualies
Northern Club of the Year - Bay Area Riders Forum (BARF)
Southern Club of the Year - Trail Crew 4x4
The California Off-Road Vehicle Association (CORVA) held its annual elections and awards meeting in Bakersfield, CA on May 20, 2017. Ken Clarke was elected to serve as president and Bruce Whitcher was elected to serve as vice president land use. After the meeting, Ken Clarke appointed Roberta Woods to serve as secretary and Diana Mead was appointed as assistant northern regional director of legislation. The position of vice president of sales and marketing is currently vacant.
California Desert District
For Immediate Release: April 14, 2017 CA-CDD-17-13
Contact: Stephen Razo, 951-697-5217, srazo@blm.gov
MORENO VALLEY, Calif. - The Bureau of Land Management (BLM), Barstow Field Office, has scheduled two public open house meetings to gather public input on a route designation proposal affecting 148 miles of routes located on BLM public lands currently maintained by the County of San Bernardino Public Works Department. Segments of these routes are under county maintenance and are limited to street legal only vehicles, as defined by the California Department of Motor Vehicles.
This route designation proposal will allow the BLM to analyze and determine if the consistent management of these routes across the two jurisdictions is in the public interest. This process is temporary until a final decision on the West Mojave (WEMO) Route Network Project is issued.
The open house meetings will allow the public an opportunity to learn how the proposed actions may affect the use of these routes, as well as the overall recreational experience on public lands. The three currently scheduled meetings will be held on:
Wednesday, April 19, 2017 (5:30 to 6:30 p.m.)
Yucca Valley Community Center
(Yucca Conference Room)
57090 Twentynine Palms Highway
Yucca Valley, CA 92284
Thursday, April 20, 2017 (5:30 to 6:30 p.m.)
Barstow Field Office
(Main Conference Room)
2601 Barstow Rd, Barstow, CA 92311
Wednesday, May 3, 2017 (5:30 to 6:30 p.m.)
Representatives from the BLM will be available to answer questions regarding location of routes, and maps will be available for viewing. Representatives will also explain the process involved in proposing the route designations and how the public can formally participate.
This initial public review and comment period closes May 12, 2017, and written comments can be submitted at the meeting or via email to Matt Toedtli at mtoedtli@blm.gov.
This proposed action stems from the January 19, 2017 stipulation for additional interim remedies related to the 2006 WEMO litigation. In the stipulation, the BLM agreed to initiate a process to determine whether a temporary public land order should be issued for the 148 miles of routes pending a final decision in the WEMO Route Network Project.
A list of the proposed street-legal only routes under consideration can be obtained at the Barstow Field Office or at https://www.blm.gov/office/barstow-field-office. For more information, to submit your input through other means, or if you have special needs for accommodation to participate in the open-house meetings, please contact Barstow Field Office, Planning and Environmental Coordinator Matt Toedtli at (760) 979-7564, or email mtoedtli@blm.gov.
2835 Calle San Juan De Los Lagos, Moreno Valley, CA 92553
An ongoing legislative attempt to reopen the Clear Creek Management Area has taken place. H.R.1913 was introduced in the House by Rep. J. Panetta on April 5th. The text of the bill can be read here:
https://www.congress.gov/bill/115th-congress/house-bill/1913/text
It has been referred to the House Committee on Natural Resources.
212.1 Definitions:
Subpart B
212.50 Purpose, scope, and definitions
(a) Purpose. This subpart provides for a system of National Forest System roads, National Forest System Trails and areas on National Forest System lands that are designated for motor vehicle use. After these, trails and areas are designated; motor vehicle use including class of vehicles and time of year not in accordance with these designations is prohibited by 36 CFR 261.13 will have to be reviewed by the responsible official at the District Ranger level to determine inclusion into the National Forest System road, trail and area inventory. Motor vehicle use off designated roads and trails and outside designated areas is prohibited by 36 CFR 261.13. Travel Management shall be regarded as a mandate for sustainable motorized use on National Forest System lands, rather than a mandate for closure of National Forest Service routes.
(b) Scope. The responsible official may incorporate previous administrative decisions regarding travel management made under other authorities, including designations and prohibitions of motor vehicle use, in designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for motor vehicle use under this subpart.
(c) For definitions of terms used in this subpart, refer to §212.1 in subpart A of this part.
212.51 Designation of roads, trails, and areas
(a) General. Motor Vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands already designated or under review for designation shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, shall be designated provided that the following vehicles and uses are exempt from these designations:
(1) Aircraft;
(2) Watercraft;
(3) Over-snow vehicles (see §212.81);
(4) Limited administrative use by the Forest Service;
(5) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;
(6) Authorized use of any combat or combat support vehicle for national defense purposes;
(7) Law enforcement response to violations of law, including pursuit; and
(8) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations.
(9) Parking motor vehicles shall be at a safe distance from a route of travel. Parking motor vehicles will be in accordance with 36 CFR 261.15 (h) and shall not unreasonably disturb the land, wildlife or vegetative resources.
(b) Motor vehicle use for dispersed camping, big game retrieval, fuelwood cutting and fuelwood retrieval, rockhounding, recreational mining and gathering of edible resources. In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain forest roads or trails where motor vehicle use is allowed, and if appropriate within specified time periods, solely for the purposes of dispersed camping or retrieval of a downed big game animal by an individual who has legally taken that animal. Solely for the purposes of dispersed camping, big game retrieval, fuelwood cutting and fuelwood retrieval, rockhounding, recreational mining, and gathering of edible resources, cross country is allowed. Cross country travel will be in accordance with 36 CFR 261.15 (h) and shall not cause damage or unreasonably disturb the land, wildlife or vegetative resources.
In addition, consideration for the allowance of cross-country travel needs to be given special consideration for disabled and elderly access. The responsible official shall coordinate ease of access with secondary users of road and trails including private property owners, grazing permittees, owners of mining claims, as well as ensure ease of access to sacred sites and burial areas.
212.52 Public Involvement
(a) General. The public is an integral and necessary component shall be allowed to participate in the designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands and revising those designations pursuant to this subpart. The responsible official shall coordinate stakeholder groups, including representation of the public who have interest as secondary users of roads, trails, and areas, as a required component of the decision-making process. Active coordination with local governments and tribes shall also be required. Decisions are required to be made with site specific field analyses. At any time If there is a disagreement regarding interpretation of State Vehicle Codes, the State’s interpretation shall prevail.
Advance Notice shall be given to allow for public comment, consistent with agency procedures under the National Environmental Policy Act, on proposed agency designations, any and all route closures and revisions. Public notice with no further public involvement is sufficient if a National Forest or Ranger District has made previous administrative decisions, under other authorities and including public involvement, which restrict motor vehicle use over the entire National Forest or Ranger District to designated routes and areas, and no change is proposed to these previous decisions and designations.
Evaluations
(b)Absence of public involvement in temporary, emergency closures –
(1) General. Nothing in this section shall alter or limit the authority to implement temporary, emergency closures pursuant to 36 CFR 261, subpart B, without advance public notice to provide short-term resource protection or to protect public health and safety.
(2) Temporary, emergency closures based on a determination of considerable adverse effects. If the responsible official determines that motor vehicle use on a National Forest System road or National Forest System trail or in an area on National Forest System lands is directly causing or will directly cause considerable adverse effects on public safety or soil, vegetation, wildlife, wildlife habitat, or cultural resources associated with that road, trail, or area, the responsible official shall immediately close that road, trail, or area to motor vehicle use until the official determines that such adverse effects have been mitigated or eliminated and that measures have been implemented to prevent future recurrence. The responsible official shall provide public notice of the temporary closure pursuant to 36 CFR 261.51, including reasons for the closure and the estimated duration of the closure, as soon as practicable following the closure.
212.53 Coordination with Federal, State, county, and other local governmental entities and tribal governments.
The responsible official shall coordinate with appropriate Federal, State, county, and other local governmental entities and tribal governments when designating National Forest System roads, National Forest System trails, and areas on National Forest System lands pursuant to this subpart. The responsible official shall engage in significant coordination with state, local government, and tribes to provide a seamless transportation system that encompasses local planning designations. National Forest System Roads, National Forest System trails and areas on National Forest System lands that are designated or under review for designation must provide seamless connectivity for the public with local government routes.
212.54 Revision of designations.
Designations of National Forest System roads, National Forest System trails, and areas on National Forest System lands pursuant to §212.51 may be revised after required engagement with public stakeholders and significant coordination with state, local government and tribes as outlined in §212.53. as needed to meet changing conditions. Revisions of designations shall be made in accordance with the requirements for public involvement in § 212.52, the requirements for coordination with governmental entities in § 212.53, and the criteria in § 212.55, and shall be reflected on a motor vehicle use map pursuant to § 212.56.
212.55 Criteria for designation of roads, trails, and areas.
(a) General criteria for designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands. In designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for motor vehicle use, the responsible official shall consider effects on National Forest System natural and cultural resources, public safety, and provision of recreational opportunities, access needs; and parity of conflicts among uses of National Forest System lands. The need for maintenance and administration of roads, trails, and areas that would arise if the uses under consideration are designated; and the availability of resources for that maintenance and administration. To ensure understanding among members of the public while engaged in any NEPA process, the Forest Service shall prepare separate maps including illustrations of routes proposed for closure, routes proposed for inclusion and any other pertinent changes in designations.
(b) Specific criteria for designation of trails and areas. In addition to the criteria in paragraph (a) of this section, in designating National Forest System trails and areas on National Forest System lands, the responsible official shall consider mitigation measures in lieu of closing routes, and effects on the following, with the objective of minimizing:
(1) Damage Effects to soil, watershed, vegetation, and other forest resources;
(2) Harassment of wildlife and significant disruption of wildlife habitats; Viability of species and species habitat as considered in the whole rather than individual, with a goal of encouraging active conservation measures.
(3) Conflicts between motor vehicle use and existing or proposed recreational uses of National Forest System lands or neighboring Federal lands; and Connectivity of routes for access needs including fuelwood cutting and retrieval, big game retrieval, rockhounding, recreational mining, gathering of edible resources, dispersed camping, needs of disabled and elderly, and access to secondary uses dependent on motor vehicle route including private property owners, holders of mining claims, grazing permittees and needed access to sacred and burial sites.
(4) Conflicts among different classes of motor vehicle uses of National Forest System lands or neighboring Federal lands.
In addition, the responsible official shall consider:
(5) Compatibility of motor vehicle use with existing conditions in populated areas, taking into account sound, emissions, and other factors balanced with potential negative impact on local economies, tourism and pertinent economic factors from closures including consideration from local residents who may be disproportionally affected in a negative manner by road closures
(6) Require Logging Systems Engineer and Fire Management Officer Evaluation for each road proposed for closure.
(7) Require consideration of secondary uses that are non-motorized but require motorized access to the forest (i.e. dispersed camping, hunting, fishing, rockhounding, hiking, wildlife viewing, cross-country skiing, etc)
(c) Specific criteria for designation of roads. In addition to the criteria in paragraph (a) of this section, in designating National Forest System roads, the responsible official shall consider:
(1) Speed, volume, composition, and distribution of traffic on roads; and
(2) Compatibility of vehicle class with road geometry and road surfacing.
(d) Rights of access. In making designations pursuant to this subpart, the responsible official shall recognize:
(1) Valid existing rights; and
(2) The rights of use of National Forest System roads and National Forest System trails under §212.6(b).
(e) Wilderness areas and primitive areas. National Forest System roads, National Forest System trails, and areas on National Forest System lands in congressionally designated wilderness areas or primitive areas shall not be designated for motor vehicle use pursuant to this section, unless, in the case of wilderness areas, motor vehicle use is authorized by the applicable enabling legislation for those areas.
212.56 Identification of designated roads, trails, and areas.
Designated roads, trails, and areas shall be identified on a motor vehicle use map. Motor vehicle use maps shall be made available to the public at the headquarters of corresponding administrative units and Ranger Districts of the National Forest System and, as soon as practicable, on the website of corresponding administrative units and Ranger Districts. The motor vehicle use maps shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. The motor vehicle use map should be of the quality that can be used as a standalone ma. It has to be clearly legible and designed to be used in conjunction with other available maps. This map is not to be used as the sole proof and/or determination of legal motor vehicle travel on National Forest Service lands.
212.57 Monitoring of effects of motor vehicle use on designated roads and trails and in designated areas.
For each administrative unit of the National Forest System, the responsible official shall monitor the effects of motor vehicle use on designated roads and trails and in designated areas under the jurisdiction of that responsible official, consistent with the applicable land management plan, as appropriate and feasible.
Subpart C Over-Snow Vehicle Use
§ 212.80 Purpose, scope, and definitions.
(a) Purpose. This subpart provides for a system of National Forest System roads, National Forest System trails, and areas on National Forest System lands that are designated for over-snow vehicle use. After these roads, trails, and areas are designated, over-snow vehicle use not in accordance with these designations is prohibited by 36 CFR 261.14. Over-snow vehicle use off designated roads and trails and outside designated areas is prohibited by 36 CFR 261.14.
(b) Scope. The Responsible Official may incorporate previous administrative decisions regarding over-snow vehicle use made under other authorities in designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for over-snow vehicle use under this subpart.
(c) Definitions. For definitions of terms used in this subpart, refer to § 212.1.
212.81 Over-Snow Vehicle Use
(a) General. Over-snow vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by the Responsible Official on administrative units or Ranger Districts, or parts of administrative units or Ranger Districts, of the National Forest System where snowfall is adequate for that use to occur, although no minimum snow depth shall be defined and, if appropriate, shall be designated by class of vehicle and time of year, provided that t The following uses are exempted from these decisions:
(1) Limited administrative use by the Forest Service;
(2) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;
(3) Authorized use of any combat or combat support vehicle for national defense purposes;
(4) Law enforcement response to violations of law, including pursuit; and
(5) Over-snow vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations.
(b) Previous over-snow vehicle decisions. Public notice with no further public involvement is sufficient if an administrative unit or a Ranger District has made previous administrative decisions, under other authorities and including public involvement, which restrict over-snow vehicle use to designated routes and areas over the entire administrative unit or Ranger District, or parts of the administrative unit or Ranger District, where snowfall is adequate for OSV use to occur, and no change is proposed to these previous decisions. All existing Forest Service System roads and trails shall be designated for OSV use, unless specifically prohibited following NEPA analysis.
(c) Identification of roads, trails, and areas for over-snow vehicle use. Designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands for over-snow vehicle use shall be reflected on an over-snow vehicle use map. Over-snow vehicle use maps shall be made available to the public at headquarters of corresponding administrative units and Ranger Districts of the National Forest System and, as soon as practicable, on the Web site of the corresponding administrative units and Ranger Districts. Over-snow vehicle use maps shall specify the classes of vehicles and the time of year for which use is designated, if applicable.
(d) Decision-making process. Except as modified in paragraph (b) of this section, the requirements governing designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands in § 212.52 (public involvement), § 212.53 (coordination), § 212.54 (revision), § 212.55 (designation criteria (including minimization)), and § 212.57 (monitoring), shall apply to decisions made under this subpart. In making decisions under this subpart, the Responsible Official shall recognize the provisions concerning rights of access in sections 811(b) and 1110(a) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C.3121(b) and 3170(a), respectively).
Subpart A
212.5 Road System Management
(a) Traffic rules. Rules set forth under 36 CFR part 261 and this section shall apply to all National Forest System roads under the jurisdiction of the Forest Service except when in conflict with written agreement.
(1) General. Traffic on roads is subject to State traffic laws where applicable except when in conflict with designations established under subpart B of this part or with the rules at 36 CFR part 261. If there is disagreement in interpretation of State law, the State’s interpretation shall prevail.
(2) Specific. The following specific traffic rules shall apply unless different rules are established in 36 CFR part 261.
(i) The load, weight, length, height, and width limitations of vehicles shall be in accordance with the laws of the States wherein the road is located. Greater or lesser limits may be imposed and these greater or lesser limits shall be established as provided in 36 CFR part 261.
(ii) Roads, or segments thereof, may be restricted to use by certain classes of vehicles or types of traffic as provided in 36 CFR part 261. Classes of vehicles may include but are not limited to distinguishable groupings such as passenger cars, buses, trucks, motorcycles, all-terrain vehicles, 4-wheel drive vehicles, off-highway vehicles, and trailers. Types of traffic may include but are not limited to groupings such as commercial hauling, recreation, and administrative.
(iii) Roads, or segments thereof, may be closed to all vehicle use as provided in 36 CFR part 261.
(iv) Additional rules may be imposed as provided in 36 CFR part 261.
(b) Road System
(1)Identification of road system : For each national forest, national grassland, experimental forest, and any other units of the National Forest System ( § 212.1), the responsible official must identify the minimum road system needed for safe and efficient travel for public use, and for administration, utilization, and protection of National Forest System lands. In determining the minimum road system, the responsible official must incorporate a science-based roads analysis at the appropriate scale and, to the degree practicable, involve a broad spectrum of interested and affected citizens, other state and federal agencies, and tribal governments. The minimum system is the road system determined to be needed to meet shall support resource and other management objectives adopted in the relevant land and resource management plan ( 36 CFR part 219), to meet applicable statutory and regulatory requirements, to reflect long term funding expectations, to ensure that the identified system minimizes mitigates adverse environmental impacts associated with road construction, reconstruction, decommissioning, and maintenance.
(2) Identification of unneeded roads. Responsible officials must review the road system on each National Forest and Grassland and identify the roads on lands under Forest Service jurisdiction that are no longer needed to meet public use, forest resource management objectives and that, therefore, should be decommissioned or considered for other uses, such as for trails. Decommissioning roads involves restoring roads to a more natural state. Activities used to decommission a road include, but are not limited to, the following: reestablishing former drainage patterns, stabilizing slopes, restoring vegetation, blocking the entrance to the road, installing water bars, removing culverts, reestablishing drainage-ways, removing unstable fills, pulling back road shoulders, scattering slash on the roadbed, completely eliminating the roadbed by restoring natural contours and slopes, or other methods designed to meet the specific conditions associated with the unneeded road. Forest officials should give priority to decommissioning those unneeded roads that pose the greatest risk to public safety or to environmental degradation.
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
