OPINION - WHEN MOUNTAINS CALL

 

View of Mount Lassen from Backcountry Loop

Lassen National Forest - Forest Road 29N18

WHEN MOUNTAINS CALL  

 

OPINION

By Don Amador

July 12, 2023

 

Those fortunate to have been raised in the Pacific Northwest know the lessons that are learned or healing gained by exploring the mountains, forests, and streams of that special region.  In fact, noted conservationist, John Muir, once said, “The mountains are calling and I must go.”

Mixed Use Road - Lassen National Forest

 

After working on a number of stressful OHV recreation-related state legislation and federal rule-making proposals for the last several months, I answered that “Call of the Mountains” to journey up to portions of the Lassen National Forest that I had never visited. 

 

Nobles Trail Marker - Part of California Trail

So I loaded up the 2010 Nissan Xterra PRO 4-X on what would be a 265 mile day trip - from the Recreation HQ in Cottonwood, CA - to circumnavigate the Lassen Volcanic National Park on 142 miles of Forest Service roads and trails.  

 

142 Mile Loop - Lassen National Forest

The drive up from the Redding area takes about one hour but is a pleasurable experience since you have Mount Lassen in full view for most the way until you arrive on the Lassen National Forest.  

 

The graveled or native surfaced roads that are part of the loop can be traveled in a passenger car. However, they might be are more enjoyable if experienced on an Adventure Bike or 4x4 SUV so you can take one of the more difficult OHV-type trails that stem off the main loop.  

Caribou Lake - Lassen National Forest

There are a number of subalpine developed and dispersed camping opportunities in this part of the Forest where one could stage or stay overnight.  Some of them have access to a lot of OHV “green sticker” routes where you and your family could do some backcountry exploring.

Forest Road 17 is a Segment of the Lassen Backcountry Adventure Trail

Lassen National Forest

This is a beautiful alpine or sub-alpine region that has some spectacular large diameter trees, streams, lakes, and vistas.  Be sure and bring your fishing pole!

 

Wildflowers in Dixie Fire Burn Footprint

Lassen National Forest

This was one call that I was glad to answer.  Although navigating the loop was challenging given that many of the road markers were destroyed in the 2021 Dixie Fire that burned 963,309 acres, the journey was refreshing and helped remind me of why I answered another call some 33 years ago to champion our access to the great outdoors.

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WE ARE NOT ALONE - OPPOSITION TO BLM CONSERVATION RULE GROWS

OUR ACCESS TO PUBLIC LANDS IS WORTH FIGHTING FOR

OPPOSITION TO BLM CONSERVATION RULE GROWS 

 

 I first want to thank all the growing number of OHV and other outdoor recreation enthusiasts, organizations, clubs, and businesses who have answered the call to send comment letters and alert their rider networks to the BLM regarding their Proposed Conservation and Landscape Health Rule (PR).

 

I also want you to know that OHV recreation and other multiple-use interests are not fighting this battle alone.  Besides a number of OHV recreation and powersports associations submitting substantive comments urging the BLM to withdraw this ill-advised, counter-productive, most likely illegal, and highly divisive PR, we have support from the U.S. Small Business Administration and Governors from six western states that are challenging the plan.

 

SBA COMMENT LETTER

https://advocacy.sba.gov/wp-content/uploads/2023/06/BLM-Conservation-Letter-FINAL.pdf

 

The Deputy Chief Counsel, Office of Advocacy, U.S. Small Business Administration states, that BLM’s proposed rule may be contrary to the statutory land management principles laid out in the Federal Land Policy Management Act (FLPMA). Furthermore, BLM’s proposed rule does not adequately consider the impacts to small businesses as required by the Regulatory Flexibility Act (RFA).

 GOVERNORS JOINT LETTER

https://governor.mt.gov/Governors-Letter-to-Sec-Haaland-on-BLM-conservation-rule-June-14-2023.pdf

 

The Governors’ letter states, This Proposed Rule, if adopted, could fundamentally alter the future management of BLM lands to the detriment of recreation, livestock grazing, mineral extraction, renewable energy production, and other common uses on BLM lands.

 

The letter goes on to state, In 1976, Congress declared in the Federal Land Policy and Management Act (“FLPMA”) that the BLM must manage its lands “on the basis of multiple use and sustained yield.

 

Yet this Proposed Rule seeks to define “conservation” as a “use” within FLPMA’s multiple use framework. This reframing of the term “multiple use” would contravene FLPMA and violate Federal case law in Public Land Council v. Babbitt, where the 10th Circuit Court of Appeals found that the BLM lacks the statutory authority to prioritize conservation use to the exclusion of otheruses.

 

The Proposed Rule could push BLM lands into a protection-oriented management regime more akin to the National Park Service than an agency statutorily obligated to promote multiple use and sustained yield.

 

The letter closes by urging the BLM to set aside the Proposed Rule in favor of a new, collaborative process with states, local governments, and stakeholders coming to the table.

 

In closing, I urge each rider, family, club, or business to send in a comment letter – by the July 5 deadline - on how this PR will affect you including any economic impacts such as loss of employment if your shop closes or if you are a restaurant that is supported by recreation tourism that might be forced to close if outdoor recreation use is prohibited.

BLM 3.0 - SEISMIC SHIFT IN BLM PUBLIC LAND POLICY

BLM's Fort Sage OHV Area - Special Recreation Management Area

Eagle Lake Field Office, Susanville, CA

OPINION

 By Don Amador

 June 23, 2023

  

BLM 3.0 - SEISMIC SHIFT IN BLM PUBLIC LAND POLICY

 

 Nobody in the OHV public land policy arena supports conservation of federal lands to protect natural resources - while still providing access to environmentally sound multiple-use recreation – more than I.  A lot of that support includes active participation on trail stewardship, restoration of lands damaged by illegal OHV use, and pre-fire fuel reduction and post-fire recovery projects.

 

Most, if not all, of those projects are done in collaboration with the Forest Service, BLM, agency partners, and volunteers with grant support from the powersports industry and the California State Parks OHV Grant Program.

 

The proposed 2023 BLM planning rule redefines the term Conservation, creates Conservation leases managed by private sector interests, and emphasizes Areas of Critical Environmental Concern (ACEC) as the sole designation for protecting important natural, cultural, and scenic resources.

Current Restoration Project at Fort Sage OHV Area

Conservation is a key element of land management today that protects natural resources and also provides sustainable recreation for OHV and other activities that families enjoy.  Traditional Conservation includes maintaining trails to reduce soil loss, restoration, and post-fire recovery.   However, under this rule proposal Conservation efforts would be restricted to “protection” and “restoration.”

 

The proposed rule would direct BLM staff to identify and mitigate “disturbances” and restore the land to its natural state.  Authorized officers would be required to avoid authorizing any use of the public lands that permanently impairs ecosystem resilience.  Staff would also be directed to review and mitigate OHV and other recreation uses at designated intensive use areas such as the BLM Fort Sage OHV Area in California and the BLM Knolls OHV Area in Utah.

Current Post Wildfire Conservation Project

Fort Sage OHV Area

The new mitigation hierarchy would be to avoid, minimize, and compensate for impacts to all public land resources.

 

The new concept of private sector managed Conservation leases on BLM lands is also troubling for OHV access since the strict prohibition of OHV activity is a core tenet of most, if not all, private, state, and federal conservation lease plans and programs.

 

Many recreation and other multiple-use interests objected to the BLM’s 2017 2.0 Planning Rule because it created a vague set of hard to follow or implement standards that would have resulted in confusion, chaos and a loss of OHV access for casual use and permitted events such as amateur competition and club rides.  For those and other reasons, Congress and the President repealed the rule.

 

If this new rule is enacted it will also create confusion and chaos.  Agency staff will no longer have time to authorize permitted OHV events or do travel plans.  Designated OHV sites would most likely see a loss of opportunity including entire areas being closed due to new definitions.

 

I believe the agency should redraw this proposal that appears to have been crafted behind closed doors with little if any substantive input from diverse multi-use stakeholders.  The public, partners, and agency staff that we work with deserve better.

 

LINK to BLM PROPOSED PLANNING RULE – Public Comments Due by July 5, 2023

https://www.regulations.gov/document/BLM-2023-0001-0001

 

 

 

 

  

QWR OPINION - BLM 3.0 - SEISMIC SHIFT IN BLM PUBLIC LAND POLICY

BLM Fort Sage OHV Area - Special Recreation Management Area

BLM Eagle Lake Field Office, Susanville, CA

OPINION

 By Don Amador

 June 23, 2023

  

BLM 3.0 - SEISMIC SHIFT IN BLM PUBLIC LAND POLICY

 

Nobody in the OHV public land policy arena supports conservation of federal lands to protect natural resources - while still providing access to environmentally sound multiple-use recreation – more than I.  A lot of that support includes active participation on trail stewardship, restoration of lands damaged by illegal OHV use, and pre-fire fuel reduction and post-fire recovery projects.

 

Most, if not all, of those projects are done in collaboration with the Forest Service, BLM, agency partners, and volunteers with grant support from the powersports industry and the California State Parks OHV Grant Program.

 

The proposed 2023 BLM planning rule redefines the term Conservation, creates Conservation leases managed by private sector interests, and emphasizes Areas of Critical Environmental Concern (ACEC) as the sole designation for protecting important natural, cultural, and scenic resources.

RESTORATION PROJECT UNDER CURRENT BLM STANDARDS

BLM Fort Sage OHV Area, Eagle Lake Field Office

 

Conservation is a key element of land management today that protects natural resources and also provides sustainable recreation for OHV and other activities that families enjoy.  Traditional Conservation includes maintaining trails to reduce soil loss, restoration, and post-fire recovery.   However, under this rule proposal Conservation efforts would be restricted to “protection” and “restoration.”

 

The proposed rule would direct BLM staff to identify and mitigate “disturbances” and restore the land to its natural state.  Authorized officers would be required to avoid authorizing any use of the public lands that permanently impairs ecosystem resilience.  Staff would also be directed to review and mitigate OHV and other recreation uses at designated intensive use areas such as the BLM Fort Sage OHV Area in California and the BLM Knolls OHV Area in Utah.

CURRENT POST FIRE RECOVERY CONSERVATION PROJECT

BLM Fort Sage OHV Area, Eagle Lake Field Office

 

The new mitigation hierarchy would be to avoid, minimize, and compensate for impacts to all public land resources.

 

The new concept of private sector managed Conservation leases on BLM lands is also troubling for OHV access since the strict prohibition of OHV activity is a core tenet of most, if not all, private, state, and federal conservation lease plans and programs.

 

Many recreation and other multiple-use interests objected to the BLM’s 2017 2.0 Planning Rule because it created a vague set of hard to follow or implement standards that would have resulted in confusion, chaos and a loss of OHV access for casual use and permitted events such as amateur competition and club rides.  For those and other reasons, Congress and the President repealed the rule.

 

If this new rule is enacted it will also create confusion and chaos.  Agency staff will no longer have time to authorize permitted OHV events or do travel plans.  Designated OHV sites would most likely see a loss of opportunity including entire areas being closed due to new definitions.

 

I believe the agency should redraw this proposal that appears to have been crafted behind closed doors with little if any substantive input from diverse multi-use stakeholders.  The public, partners, and agency staff that we work with deserve better.

 

LINK to BLM PROPOSED PLANNING RULE – Public Comments Due by July 5, 2023

https://www.regulations.gov/document/BLM-2023-0001-0001

 

 

 

 

 

 

 

 

 

 

 

 

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.

QWR PSA - NICK HARIS IS NEW GOVERNMENT RELATIONS LEAD AT AMA

Don Amador (L) with Nick Haris (R) at Field Review 

BLM Las Vegas Field Office

QWR PSA

May 19, 2023

STATEMENT FROM QWR'S PRESIDENT, DON AMADOR

 

  

CONGRATS TO NICK HARIS AS NEW AMA GOVERNMENT AFFAIRS LEAD

 

As a senior OHV advocacy lead who has served for over 20 years with Nick Haris in his capacity as Western Representative for the AMA, I want to extend my sincere congrats to Nick as the new government affairs lead for the AMA.

 STATEMENT FROM NICK HARIS ON HIS NEW POSITION

https://americanmotorcyclist.com/big-changes-bigger-opportunities-?fbclid=IwAR0BgdKpnFshmtHe4IE-A-22RiAxLbbiSzizn7cEBe49HFUz9vN6W79_BNc

  

I have appreciated Nick’s commitment to motorcycles and OHV recreation and his dedication to the riders which he has demonstrated by speaking/testifying at many commission and legislative hearings.  Also, I have spent a lot of time with him on the trail or otherwise in the field reviewing key OHV access issues on state and federal lands.  I look forward to working with him and his team on future endeavors. 

 

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OHV KICK START - EMERGING TECH, OPPORTUNTIES, AND CHALLENGES KEY FOCUS AT INTERAGENCY TRAIL WORKSHOP

 

2023 RANGER RIDE AND INTERAGENCY OHV WORKSHOP

BLM Chappie Shasta OHV Area, Redding Field Office

Photo credit: George McDougall

OHV KICK START - EMERGING TECH, OPPORTUNTIES, AND CHALLENGES KEY FOCUS AT INTERAGENCY TRAIL WORKSHOP

As part of our commitment to facilitating OHV educational opportunities, QWR restarted its popular on-site OHV workshop program by hosting the 2023 Interagency Ranger Ride at the BLM’s Chappie Shasta OHV Area near Redding, CA on May 1-4.  

 

Due to a series of mega wildfires and COVID, the OHV Ranger Rides had been sidelined since 2017 so the group of dedicated OHV trail leads, crews, instructors, and partners were glad to get back to an in-person field workshop.

 

Top tier federal and state OHV specialists from the Klamath, Shasta Trinity, Mendocino, Eldorado, and Tahoe National Forests and the Ukiah, Eagle Lake, and Redding Field Offices were in attendance.  CA State Park representatives were there from grants, law enforcement, and the OHV Safety Week Program.   Chris Real from DPS Technical was there to give agency staff training on administering the SAEJ1287 Sound Test for OHVs and performing the inspection for spark arrestors.

Intersection of  SxS Trail and Single-Track Motorcycle Trail

 

To kick off the workshop on Tuesday morning, Sky Zaffarano, the OHV Program Manager for the BLM’s Chappie Shasta OHV Area talked about the agency’s efforts to manage the route network for all sizes of OHVs with a recent focus over the last few years to provide trails for SxS use while increasing single-track companion routes that often parallel the wider trails used by larger vehicles.  This enhances the OHV recreation experience for both vehicle types and also increases vehicle safety.

DirtBike School Class

Photo credit: Virginia Real

 

Jon Brandt, a certified DirtBike School coach and State Park Peace Officer, taught a one-day hands-on training session to agency students that needed lessons on how to safely ride an off-road motorcycle and to get their Dirt Bike certification.

 

Josh Liebscher, CA State Parks OHV Grants Administrator, gave the participants on overview of the Grants Program and their commitment to help support their federal agency partners provide environmentally responsible OHV recreation on public lands.

Chris Real teaching OHV Sound and Spark Arrestor Class

Photo credit: Virginia Real

 

Chris Real from DPS Technical, provided sound and spark arrester training/certification. The new field staff had the opportunity to perform vehicle measurements use of instruments and to understand inspection methods for spark arresters with valuable participation from seasoned OHV specialists.

 

Real also had a special presentation related to Emerging Technologies of Off-Highway Vehicles. This presentation reviewed 50 years of Off-Highway vehicle types and provided a perspective of the new vehicles that are headed to the Off-Highway recreation areas.  In addition, he highlighted both the opportunities and challenges from large ROVs to Electric motorcycles that land managers are contending with in multiple use areas.

 

Other topics discussed in various modules or around the campfire include the import of  land agencies adding dirt bike strike teams to their suite of post wildfire and storm recovery efforts, developing meaningful partnerships with trail clubs or non-profit trail recovery organizations,  looking for new management strategies to enhance recreation opportunities for SxSs (since it remains a growing user group),and allowing staff to actually get some on-the-trail seat time to help build muscle memory and/or see how other units manage their trail systems, and much more.

 

Don Amador, QWR President and founder of the 27 year-old Ranger Ride Program, states, “We had an dynamic mix of new OHV trail personal,  private sector professionals, and agency OHV Master Performers that fostered a rich educational experience for new agency hires and seasoned staff alike.”

 

45-Mile Group Trail Ride at Scenic Vista with

Lake Shasta near Full Pool

“It was clear the group thought one of the most important benefits of this and similar field-based events is they allow for participants to build long-term relationships with other professionals for the benefit of providing sustainable trail-based recreation for current and future generations,” Amador concludes.

 

 

QWR appreciates the presenters from the FS, BLM, DPS Technical, and the CA State Parks OHV Division who helped make this workshop a success.  We also thank the OHV Division and the CA Outdoor Recreation Foundation’s BE THE OFF-ROAD HERO Safety Week Program for sending educational materials and support staff.

 

QWR wants to thank the BLM’s Redding Field Office for sharing their OHV management expertise with the Ranger Ride attendees and the Redding Dirt Riders for helping with the BBQ.  And thanks also to the MIC’s Right Rider Access Fund and Kawasaki Motors Corp., U.S.A. for their generous support of this workshop to help educate agency staff about safe vehicle operation and review new recreation management strategies to address emerging technologies and uses. 

 

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