ACTION ALERT – Comment on FS Special Use Permit Proposal

Don Amador on Event Trail 

Eldorado National Forest

ACTION ALERT – Comment on FS Special Use Permit Proposal

 

Comments due: June 20, 2023

 

 

I first want to thank my counterpart at AMA, Nick Haris, for bringing this issue to my attention as it has the potential to increase the red-tape and costs of obtaining a special use permit for OHV and even non-motorized clubs if fees are charged to attend a competition or group event.

 

The Forest Service has proposed to amend its special use regulations to update the processing and monitoring fee schedules based on current Agency costs; to provide for recovery of costs associated with processing special use proposals, as well as applications; and to remove the exemption for commercial recreation special use applications and authorizations that involve 50 hours or less to process or monitor.

 

 

LINK TO FEDERAL REGISTER NOTICE

https://www.federalregister.gov/documents/2023/05/19/2023-10436/land-uses-special-uses-cost-recovery-strict-liability-limit-and-insurance

 

LINK TO PROPOSED RULE

https://www.govinfo.gov/content/pkg/FR-2023-05-19/pdf/2023-10436.pdf

 

 

QWR believes the proposed rule amendments with their collective weight will disenfranchise important partners by creating a significant fiscal hardship on the motorcycle clubs, riders, and families that use FS lands.  Many clubs, are 501 (c) 7 volunteer-based social clubs or have some other non-profit classification. 

 

QWR believes the loss of the 50-hour exemption and other proposed, yet vague, fee increases will force many partner clubs to cease applying for a special use permit since events such as an amateur enduro  are many times a “break-even” proposition since the entry fees will not cover the club’s expense for items such as on-site medical services, communications, and other event materials.  This proposal threatens those important partnerships and the pre-event volunteer trail work they do.

 

In 2011, I was part of a national effort that called for reform of the permitting process because it had become so complicated and costly that most "non-profit club events" could simply not comply with the requirements. In addition, historic and popular competitive events occurring without problems had been subjected to arbitrary fees where permit fees were raised from $500 to $10,000 -$20,000 or more. In some areas, the application process to obtain a special use permit was used to prohibit and/or severely restrict otherwise allowable activities.

 

QWR is urging our motorized and non-motorized recreation group partners to review the proposal and  urge the agency to amend the proposal to address  concerns you may have.  The comment period ends on June 20, 2023.  Thanks for your review of this important topic.

FS RULE CHANGE IS WELCOME NEWS FOR OHV RECREATION

 "Logging-type" FS Road Designated for Non-Street Legal OHVs

Mendocino National Forest

QWR wants to commend the agency for their current effort to increase the efficiency of environmental analysis to help with implementation of its core mission to enhance forest health and encourage access to sustainable outdoor activities including casual use and permitted events for OHV recreation.

Current Revisions to NEPA Procedures (36 CFR 220) – Comments Due Aug, 12, 2019

https://www.fs.fed.us/emc/nepa/revisions/index.shtml

QWR has long believed in, and advocated for, the increased use of categorical exclusions (CEs) for various OHV related projects and events especially at destination OHV areas where motorized use is well established and managed.  

Increasing the use of CEs for trail reroutes, designating new OHV trails/roads, authorizing permitted events such as enduros in areas where the agency has a designated route network is a smart way to reduce red-tape, cost, and increase public access to high quality outdoor recreation.

These proposals could also help create new opportunities for SxS recreation by streamlining the agency decision-making process so they could designate more of their street legal-only “logging-type” roads to routes that can be used by non-street legal SxSs.

# # # 

Overview of April 4 House Hearing on Federal Recreation Fee Program

QWR strongly believes in user-pay/user-benefit land agency fee programs where monies collected stay at the site for on-the-ground public services such as trail maintenance, restrooms, and trash collection.

On April 4, 2014, the House Subcommittee on Parks and Environmental Regulations held a hearing

to amend the Federal Lands Recreation Enhancement Act  (FLREA) to improve consistency and accountability in the collection and expenditure of Federal recreation fees, and for other purposes.

Link to House REA Hearing

http://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=370652

QWR encourages land managers, user groups, local government, and other stakeholders to review the testimony from various presenters.   Topics covered include enhanced pass benefits for seniors and active service members, encourage continued public participation/review of fees, fees stay at site, and import of fees being used as leverage against other funding sources.

QWR would urge readers to review the joint letter submitted to Congress by over 30 recreation groups which includes 12 key tenets that should be addressed in FLREA reform.  One of those recommendations is for the US Army Corps of Engineers, the largest single federal provider of recreation experiences, to be included under FLREA to unify federal fee programs and eliminate current complications for visitors.

Joint Recreation Group Letter to Congress

http://www.funoutdoors.com/files/Joint%20FLREA%20Letter%20to%20House%20Final4.pdf

QWR believes the Recreation Resource Advisory Committees (RRAC) have played, and should continue to have, an important role in helping ensure public participation in the review process.   QWR believes the RRAC appointment process for members must be streamlined so those committees can address fee issues in a timely and efficient manner.

QWR wants to thank agency staff and members of the public who work in a collaborative manner to ensure user fee programs are administered in an effective and fair manner.  It is noticed and appreciated.

PS –  My reflections on the CA RRAC

http://quietwarriorracing.blogspot.com/2014_01_01_archive.html

Permitted Events - Overview, Solution, Action Item

PROBLEM: A growing number of non-motorized and motorized clubs are being forced to cancel historic and reoccurring permitted events because of a burdensome administrative process. For units that want permitted events to occur, that regulatory burden has made it almost impossible for the agency to authorize an event.  For units that want to eliminate permitted events, that same burden is being used as a convenient excuse for denying that activity.

Currently, the administration of special recreation permits or special use permits is 100% discretionary with no appeal process.  For units that want permitted events to occur, that regulatory burden has made it almost impossible for the agency to authorize an event.  For units that want to eliminate permitted events, that same burden is being used as a convenient excuse for denying that activity.

SOLUTION: Congress is best suited to address this issue with a legislative fix.  That concept has evolved over the last several years after reviewing this issue with clubs, land managers, and legislators. The goal of this legislation should be to eliminate or at least streamline the administrative process at recreation sites where roads, trails, and areas have ready been designated for a particular activity such as OHV, rock climbing, OSV, equestrian, and mountain-bikes.

ACTION ITEM: Draft legislation based on aforementioned legislative pillars

Legislative Fix Needed to Address Denial of Special Recreation Event Permits

As more non-motorized and motorized clubs are being forced to cancel historic permitted events because of a burdensome administrative process, Quiet Warrior Racing believes it is time so seek a legislative fix to this issue.

For the last 13 years, I have worked sound tech at numerous motorized permitted events on Forest Service and BLM lands.  That opportunity has given me the chance to gain insight regarding this issue from both the club and agency perspective.  In recent years, QWR has seen an increased regulatory burden (cost recovery, insurance, agency staff shortages, excessive and/or unwarranted environmental review, etc.) directly causing a dramatic decline in the number of permitted events being authorized on federal lands.

For units that want permitted events to occur, that regulatory burden has made it almost impossible for the agency to authorize an event.  For units that want to eliminate permitted events, that same burden is being used as a convenient excuse for denying that activity.

Currently, the administration of special recreation permits (BLM) and special use permits (FS) is 100% discretionary with no appeal process.  QWR believes that recreationists will continue to see a decline in the authorization of permits unless a solution is found.

QWR is convinced that Congress is best suited to address this issue with a legislative fix.  That concept has evolved over the last several years after reviewing this issue with clubs, land managers, and legislators.

QWR will be encouraging and working with national recreation groups and legislators to find a long-term solution to this growing problem.  QWR believes that the goal of this legislation should be to streamline the administrative process and eliminate/reduce excessive or redundant environmental review specifically in recreation areas that have already been designated for a particular activity such as OHV, rock climbing, OSV, equestrian, and mountain-bikes.

In this climate of fiscal downturn, federal agencies should be working hard to encourage permitted events which often brings much needed economic benefit to the local community.  A solution is out there…now we just need a collective effort to find it.