ALL NEWS: Legislative Action News

May 1, 2008

Clear Creek Shutdown Pending

Filed under: Enduro, Home Page, Legislative Action — Administrator @ 8:11 am

Dave Pickett announced yesterday on our boards, the Press Release is posted here, and lots of chatter on BARF about the announcement of Clear Creek closure indefinitely for “EIS study”.
http://www.southbayriders.com/forums/showthread.php?s=6a8aec3f27c7bf43eaf5f750d0792d97&t=57625




January 29, 2008

Attorney General asks EPA for tougher emmssion rules

Filed under: Home Page, Legislative Action — Administrator @ 9:17 pm

ATTORNEY GENERAL WILL ASK EPA TODAY FOR TOUGHER EMISSION RULES

By Steve Geissinger
Mercury News Sacramento Bureau

Article Launched: 01/29/2008 01:32:53 AM PST

SACRAMENTO - Attorney General Jerry Brown will petition federal regulators today to set stricter emission standards on off-road toys such as snowmobiles, all-terrain vehicles and personal watercraft - an idea that manufacturers insist would trigger higher prices, lower performance and possibly even be the demise of some off-road vehicles.

Brown said he wants the U.S. Environmental Protection Agency to exercise its authority under the Clean Air Act and court decisions to set greenhouse-gas emission standards for new off-road equipment, which also includes tractors, forklifts and some lawn mowers.

The EPA, which has so far failed to grant California ’s wishes under the Bush administration, has been ordered by the U.S. Supreme Court to act on global warming issues and is under increasing pressure from Democrats in Congress.

EPA spokesman Jonathan Shradar said his agency would not comment on the petition until it is filed by Brown. It seems highly unlikely, however, that the EPA - at least while President Bush is in office - would embrace Brown’s position.

Most of the off-road equipment affected by the petition are construction and agricultural equipment. All told, the petition addresses more than 17 million machines in California .

Brown’s move would be the latest effort in an ongoing battle by California and other states to win federal controls on greenhouse-gas emissions for cars, planes and ships, or autonomy to set their own standards.

Brown spokesman Gareth Lacy said the Attorney General’s Office also is eyeing action on trains but said locomotives were excluded from today’s petition because the issue involves different technological and legal issues.

In light of predicted global-warming consequences such as flooding, Brown said that “it’s either this, or go to high ground and wait.”

Brown acknowledged he was delving into “sensitive territory” by including recreational vehicles but said it is necessary.

Derrick Crandall, a spokesman for the American Recreation Coalition in Washington , D.C. , which represents recreational equipment enthusiasts and major manufacturers, said he supports environmental protection but said the industry wants to work with government on solutions rather than see mandates.

Crandall said the consequences for strict new emission standards might reach beyond making off-road equipment such as motorcycles, ATVs and boats less powerful and lighter weight.

“It just might even rule out certain kinds of vehicles in their entirety,” he said. “We need to be very careful about major new public policy initiatives.”

Crandall expressed concern that recreational equipment had been included with other off-road, industrial vehicles. Non-recreational vehicles account for more than 85 percent of the 220 million metric tons of greenhouse-gases spewed annually across the nation - the equivalent of 40 million cars.

But Brown said recreational equipment is a swiftly growing part of the off-road vehicle sector. He cited a California Air Resources Board study in his petition that estimated carbon dioxide emissions from recreational equipment and pleasure craft each grew by about one-third between 1990 and last year.

The increase in emissions from construction and mining machines in the state grew at a slightly faster pace of 35 percent, while industrial machines trailed at 9 percent.

Mark Baldassare, director of the independent Public Policy Institute of California poll, said that “this global warming proposal puts to the test statements by Californians in polls that they’re willing to seek changes, even if there are financial consequences.”

Jack Pitney, a political scientist at Claremont McKenna College , isn’t sure the public would make that choice.

“People favor strong action on the environment, and are even willing to say that no price for environmental protection is too high,” Pitney said, “until they themselves must pay it.”

Sen. Dennis Hollingsworth, a Temecula Republican who has been active in supporting off-road motorized recreation, said today’s petition was “essentially useless” and would be “prohibitively costly if implemented.”

The states of Oregon , New Jersey , Massachusetts and Connecticut joined California ’s petition today while the Western Environmental Law Center filed a similar request.

“This is going to happen,” said center spokesman Dan Galpern. “The handwriting is on the wall.”




September 7, 2007

Team Hawg’s Special Offer

Team Hawg Racing Products is offering D36 members an outstanding deal on their awesome lift stands and other products.  Check it out!  Team Hawg Offer.pdf




February 8, 2007

Protect California ’s National Forests, State Parks and other public lands from off-road vehicle damage!

Filed under: Home Page, Legislative Action — Administrator @ 11:08 am

Help protect California ’s National Forests, State Parks and other public lands from off-road vehicle damage and disruption.
Join us and meet with your State Legislator to voice support for protecting California ’s wild places.

What’s At Stake?

California’s off-highway vehicle (OHV) grants program funds important law enforcement and restoration efforts to protect California ’s wilderness, wildlife, and waterways from off-road vehicle damage, and to protect our communities and recreation opportunities from off-road vehicle disruption. This year’s legislative session will be critical to the future of California ’s $18 million OHV Grants Program. The program is set to expire on January 1, 2008, and off-road vehicle industry groups are working to undermine important elements of the program that prevent and repair the damage caused by unmanaged off-road vehicle use.

A growing coalition of conservationists, outdoor recreation advocates, private landowners and community activists is working to strengthen the California OHV grants program to make sure that wild places and communities are protected from irresponsible and illegal ORV damage.

Join us for Lobby Day on March 13th at the State Capitol or for a local meeting with your representative.
Contact Brent at bschoradt@calwild.org or 510-451-1450 to attend ORV Lobby Day in Sacramento or to sign-up for a local meeting with your representative.

CALIFORNIA WILDERNESS COALITION | 1212 BROADWAY, SUITE 1700 | OAKLAND , CA 94612
EMAIL US AT: info@calwild.org | TEL: (510) 451-1450 (c)2001-2005 CALIFORNIA WILDERNESS COALITION

[LAO comments: Of importance is that this meeting is being held 1 week before the CLORV Lobby Day invitation sent out to all members of the legislature. This press release/invitation by CWC is being sent to the same legislators. The text they have written paints us as bad people and OHV radicals, which is not true. What they don’t say is all the good things we do, and are only out to control the sport of OHV, and to continue to have control of our money. Please note that former OHV Commission Chair Paul Spitler was the Executive Director of the CWC. He is a current sitting member of the commission right now. OHV has filed 2 lawsuits against this commission, and one just had a judge slap them down on the Desert Riparian Policy they have tried to enact. The 2nd one filed is for being Arbitrary & Capricious concerning the Grants process that just ended.

The CWC statement “Strengthen the California OHV grants program” basically is a cash grab for control of more OHV dollars for restoration. The recent Grants hearings clearly saw the majority of OHV funds used for purposes other than what the legislature had intended for the program. Law Enforcement, as they say they support, had its funding cut by this commission due to excessive finding going to one area, that being Restoration.

District 36 supports, and always has, funding for Law Enforcement in a fair, and responsible manner. Support for Law Enforcement grants – on the public record, including the last grant hearings – are clearly supported by the OHV community. As an example, this last grants cycle had over $10,000,000 in statewide Law Enforcement grants submitted. This commission only allocated $4,000,000 total for the entire state. In reality, this is only pennies per OHV enthusiast per year. The bottom line is CWC want more OHV money for Restoration, and paints the picture OHV does not want Law Enforcement, which is not true. Restoration grant submissions did not even burn up the funds available, yet the excess could not be transferred to LE, or trail maintenance. Feel free to contact your legislator and let them know your views. Remind them this is a self funded, user fee based program for the last 35 years, and that you support Law Enforcement where necessary. Tell them to ask hard questions if they attend the CWC meeting, and to justify what they are saying here. Partisan politics should NOT guide the OHV program, as we are all Californians first, and this is a legal form of recreation for families. Let them know they are being deceived and not getting all the facts regarding the OHMVR program]
Dave Pickett District 36 Legislative Action Office - Director

Also check out www.calwild.org and their “Off-Road Vehicle Defense Campaign”.
http://www.calwild.org/action/alert_1.12.07.php




February 7, 2007

OHV Leadership Fights Back !

Filed under: Home Page, Legislative Action — Administrator @ 9:17 pm

PRESS RELEASE

EcoLogic Partners, Inc.

 

 

Another Victory for OHV Use – Sacramento Court

Says “Desert Riparian Policy” May Not Be

Implemented Until Rule Making is Completed

 

 

SACRAMENTOOn Friday, February 2, 2007, the OHV community won another victory over improper efforts to curb off-road recreation in California.  During an hour-long court hearing, a judge in Sacramento stated that the California Off-Highway Motorized Vehicle Recreation Commission (the “Commission”) may not implement its “Desert Riparian Policy” unless and until it develops formal rules defining the policy’s terms and scope.  As currently drafted, the Policy would prohibit use of OHMVR grant funds for projects that allow OHV use in desert riparian areas.  EcoLogic Partners, Inc., along with five OHV groups – the San Diego Off-Road Coalition, the American Sand Association, the California Off-Road Vehicle Association, the Off-Road Business Association, and American Motorcyclists Association District 37 – sued the Commission last year over the policy, claiming that it conflicted with the text of the OHMVR Act itself.

At the February 2 hearing, the Court heard arguments from the Commission, the OHMVR Division, and EcoLogic, et al.  And while the judge denied EcoLogic’s request to dissolve the Desert Riparian Policy outright, he ruled that the current language of the policy is so vague that it could lead to interpretations inconsistent with the existing law.  He also expressed concern that the Commission might adopt future policies, with broad language similar to that in the Desert Riparian Policy, which are designed to cut off funding for OHV projects in other areas of the state.  When viewed cumulatively, such policies could effectively gut the OHVMR grant program.  For these reasons, the Court instructed the Commission and the Division to develop workable definitions and rules that properly circumscribe the scope of the Desert Riparian Policy.  This, said the Court, must be accomplished prior to implementation of the policy.  Moreover, it must be done through an open public process.  Then the rules must be reviewed and approved by an Administrative Law Panel.

Although the judge stopped short of telling the Commission what the rules should contain, he explained that the OHMVR Act was adopted to promote responsible OHV recreation, and any policy that retreats from that purpose, or operates in conflict with it, will be subject to legal challenge.  He invited EcoLogic and the other OHV groups to participate in the rulemaking process, and to come back to court if the rules adopted by the Commission still create conflict with the text of the Act.

Counsel for EcoLogic, et al, David Hubbard, said he was very pleased with the Court’s ruling.  “This could not have worked out better.  We claimed from the beginning that the Desert Riparian Policy was jammed down our throats without public input, without adequate definitions, without evidence as to need, and without limits on its scope.  The court has now leveled the playing field on these questions and forced the Commission to justify the policy in an open public debate.  And if the rules adopted by the Commission would substantially damage funding for OHV projects in the desert, we will be back in front of the judge.”

When asked how long the rule making process would take, counsel for the OHMVR Division estimated 18 months to 2 years.  During that time, the Desert Riparian Policy will remain dormant and unenforceable.

For more information regarding this press release, contact David Hubbard at dph@ecobalance.biz or (619) 992-3600.

(EcoLogic is a non-profit corporation committed to responsible family recreation in the great American outdoors.)

Monday, February 5, 2007 – 10:50 a.m.

 

 

 




OFF-ROADERS challenge OFF-HIGHWAY MOTOR VEHICLE RECREATION COMMISSION OVER arbitrary & capricious

Filed under: Cross Country, Enduro, Home Page, Legislative Action — Administrator @ 9:12 pm

OFF-ROADERS challenge OFF-HIGHWAY MOTOR VEHICLE RECREATION COMMISSION OVER arbitrary & capricious

abuse of authority

 

Grants were approved or denied at the toss of a coin.

 

BAKERSFIELD, CA (January 29, 2007) On January 26, 2007, EcoLogic Partners, Inc., the Off-Road Business Association (ORBA), the San Diego Off-Road Coalition (SDORC), the California Off-Road Vehicle Association (CORVA), the American Motorcyclists Association District 37 (AMA D37), and the American Sand Association (ASA) filed suit against the Off-Highway Motor Vehicle Recreation (OHMVR) Commission alleging the commission acted in an arbitrary  and capricious manner during its December 8-9, 2006 meeting when it rescored law enforcement grants without any evidentiary support for the new scores. Those actions resulted in decreased law enforcement funding for areas where many California families recreate.

 

The lawsuit specifically challenges the OHMVR Commission’s action to dramatically reduce the score of the law enforcement grant application submitted by Bureau of Land Management’s (BLM) El Centro field office. Despite receiving a score of 82 from Division staff, the BLM El Centro grant application was downgraded to a 69 by the Commission. 

 

Although more than $10 million in law enforcement grant requests were submitted to the OHMVR Division, the Division was able to allocate only $4 million in law enforcement grants. Once The OHMVR Commission rescored the BLM El Centro law enforcement grant, the $4 million allocation was almost gone. BLM El Centro and another grant applicant with a score of 69 were vying for the remaining dollars.  Rather than analyze the two applications on the merits, the OHMVR Commission simply tossed a coin!  El Centro BLM won the coin toss and was awarded the remaining $387,349.  Still, even this award was more than $1 million less than that recommended by OHMVR Division staff.

 

Recently the OHMVR division staff implemented a competitive grants process to ensure that the limited funds available are disbursed in a fair and equitable manner. By subverting that new process, the OHMVR Commissioners not only flouted the law, they placed in jeopardy the safety of the hundreds of thousands of people who visit the Imperial Sand Dunes Recreation Area (ISDRA) each year.

 

The ISDRA, the area for which the El Centro BLM was requesting funds, receives approximately 1.4 million visitors each year, the majority of which are families.  OHV grants are a central component in providing law enforcement for this area which is one of the most heavily visited OHV areas in the entire nation.  It is difficult to understand why the OHV Commission would substitute a game of chance for sound analysis and scoring of OHV grants for such a popular area, rather than the scoring criteria established in regulation they are legally mandated to use.

 

# # #

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry. 




February 1, 2007

Good press for Nevada County Woods Riders

Filed under: Enduro, Home Page, Legislative Action — Administrator @ 4:46 pm

A positive article was recently posted on the Union web site about NCWR. Take a look http://www.theunion.com/article/20070126/TODAYSFEATURE/101260174




December 26, 2006

Fuel Tax Survey Report

Filed under: Home Page, Legislative Action — Administrator @ 10:03 am

Every OHV rider in District 36 should take the time to read this, and gain an understanding of what it means to us. This study cuts funding to the OHV program by $29,000,000.00 MILLION dollars, roughly 1/2 of the revenue to the OHV Program. Get the FACTS, and don’t listen to the rumors. If ever a time for D36 to have the LAO program, it is now…………….View Survey Report or View Final Report




December 13, 2006

Chaplain Fred’s December Message

Here is the December article to all of us from Chaplain Fred.  Freds December 06 Letter.pdf




October 17, 2006

TAHOE NATIONAL FOREST ROUTE DESIGNATION PROCESS - UPDATE NUMBER 4

Filed under: Home Page, Legislative Action — Administrator @ 5:45 pm

TAHOE NATIONAL FOREST ROUTE DESIGNATION
PROCESS - UPDATE NUMBER 4
OHV Participation Requested

OHV Route Designation Update # 4
Tahoe National Forest

October, 2006
Hi all - This is our fourth Route Designation update and focuses primarily
on Step 3 with a bit of information on Step 2.  As you read through this,
if you have any questions, please give us a call.  Our phone numbers are
listed at the end.

During this past summer, we have been working on a variety of tools needed
to complete Step 3. As you remember, the purpose of Step 3 is to develop a
proposed OHV route system with help from the public.  This involves
determining which of the unclassified/historic routes or user-created
trails should be added to the existing motorized system to enhance the
experience as well as to minimize environmental concerns and/or conflicts
among users.

—- Progress on Step 3 to Date —–

Trail Users On-Line Survey
This past spring, we initiated an on-line survey to determine what was most
important to trail users regarding the trails they use.   The survey
results were used in developing the model to identify those route segments
that would have more positive OHV trail attributes.  Over 800 people
responded to the survey and identified 3 factors as being most important:
trail length, physical characteristics of the trail and trail maintenance.
Other important factors included opportunities for exploration, remoteness
and solitude, scenic views, dispersed camping opportunities, and
surrounding vegetation.

UC Davis Modeling Tool
UC Davis has been designing a modeling system to help display route
desirability factors and environmental concerns that can be tied to
individual trail, route or road segments.   This modeling tool coupled with
our GIS maps should be able to show which routes are most desirable as well
as which routes may have some environmental concerns.  These maps can be
used as tools to help us grapple with what routes could become part of the
system or which ones should not be included.  The model will be only one of
the tools used in recommending routes for inclusion in the established
system.  Other factors that need to be considered are additional public
involvement, land management plan allocations, and specific environmental
factors not included in the model.

We Need Your Help
In this step, we’d like to have the public help as much as possible in
designing the actual proposal.   We hope to tap into your ideas and
maximize the amount of collaboration while minimizing the impacts on your
time.  This is a big order - so we asked for help in designing the process.

“Practice Session”
During the summer, we invited a few individuals in the Nevada City area to
give us ideas on how to involve trails users in a meaningful way.  Three
individuals, one each from a 4-wheel group, a motorcycle group, and an
equestrian group, were able to attend and provide suggestions on how to
involve the public in step 3.  They suggested we hold a practice session to
see if a group with diverse interests could actually agree on a proposal
and what factors would be important for the group to succeed.  Based on
their suggestions, we initiated a “practice session” where about 20 people
representing a variety of interests met to “practice” the process.  The
“practice session” seemed to work; the group was to be able to come to some
“practice” agreements and they provided valuable suggestions for convening
fair, civil, and successful meetings.

— Next Steps —-

Overview of Public Participation for Step 3
We will continue with a series of meetings where members of the public will
divide themselves into 3 smaller groups, with a variety of perspectives in
each group.  Each group will work collaboratively to develop a proposed set
of motorized routes for a portion of a Ranger District.   During the second
set of meetings, the groups will share their proposal with the larger
group.  The Forest Service will then use this information to develop a
proposed action that will be carried into the NEPA (National Environmental
Policy Act) process for further analysis.

First Set of Public Meetings
Oct 19th - Nevada City - at the Madelyn Helling Library (980 Helling Way -
near the Rood Center) at            6:30 pm to discuss trails in the Yuba
River Ranger District
October 23 -  Truckee, at the Truckee Donner PUD Office, (11570 Donner Pass
Rd) at 6:30 pm to discuss           trails in the Sierraville and Truckee
Districts
October 26 - Foresthill, at the Foresthill Middle School (22888 Foresthill
RD in the Science Lab, Room # 11)   at 6:30 pm to discuss trails in the
American River Ranger District

Meeting Topics and Agenda
At each of the meetings listed above, we will discuss what factors - both
from a trail desirability standpoint and environmental concern standpoint
should be considered in recommending routes.   The Forest Service will
present some initial thoughts on what routes to include, as a starting
point for discussion.  We will break into 3 smaller sub-groups at each
meeting and insure that each sub-group has a balance in terms of
participants (motorcycle, 4-wheel, ATV, hikers, mountain bikers,
equestrians, environmental perspectives, etc).  Then each of the sub-groups
will begin to discuss the starting point ideas and route suggestions for
their sub-group area.  Each group will only be looking at the historic,
unclassified, or user created routes to add to the existing motorized
system.

Sub-group Areas (see enclosed map):
.     At the Nevada City meeting, groups will break up into sub-groups to
focus discussions on the routes in the North, Middle and South Yuba River
areas.
.     At the Foresthill meeting, groups will break up into sub-groups to
focus discussions on the routes in the north, middle and south portions of
the District.
.     At the Truckee meeting, groups will break up into sub-groups to focus
discussions on the routes in the Sierraville District, and in the north and
south portions of the Truckee District.

We anticipate that there will need to be additional sub-group meetings
before the proposals are ready to be shared with the entire group.  These
will need to be scheduled by each of the sub-groups.

Tools Available for Meetings
A variety of maps will be provided for each sub-group or available on the
web.  We may have a limited set of CD’s available with the maps.  In
addition, a set of guidelines will also be provided to keep the groups
headed in the same direction.

Second Set of Meetings and Additional Comment Period
The second set of meetings are being scheduled for November and December.
These meetings are designed so that each of the subgroups can share their
ideas with the entire group.  Tentatively, these meetings will be:
November 15 - Nevada City at 6:30 pm (location to be determined later)
December 5 - Truckee at 6:30 pm (location to be determined later)
December 7 - Foresthill at 6:30 pm (location to be determined later)

The Forest Service will then take the ideas from each sub-group and
formulate a Forest-wide proposal.  This proposal will be shared again with
the public in a 60-day comment period in late winter/early spring.

— Step 2 - What Happened to It? —

As you remember, in Step 2, a Temporary Forest Order was to be issued to
stop cross-country travel and associated resource damage by wheeled
vehicles until the route designation process could be completed.  Work on
this was delayed while the Regional Office and the Office of General
Council discussed how to design these Temporary Forest Order maps.   With
the approved publication of the Sequoia National Forest Temporary Forest
Order map, other Forests are now moving ahead with their maps and Temporary
Forest Orders.  We expect this to happen for the TNF this winter/early
spring.

— Mailing List Reminders —

Please remember to send us your new email address if you change addresses.
After each mailing we have many, many rejected messages.  We re-mail each
update twice, but still get rejects.  If your email rejects three times, we
take you off the mailing list.   And if you know of others that would like
be part of this effort, please forward this update to them.  This mailing
has been sent to you as a “bc” because many of you requested this.  There
are several hundred people currently on our mailing list.

For More Information
If you have questions, please contact the following:
Forest Headquarters - David Michael (530) 478-6183; Phil Horning (530)
478-6210; or Ann Westling (530) 478-6205 (email address:
awestling@fs.fed.us)
East-Side - Rick Maddalena (530) 587-3558; Jeff Wiley (530) 994-3401 ext
6667; Susanne Jensen (530) 587-3558
Yuba River District - Joe Chavez (530) 288-3231
American River District - Jon George (530) 367-2224

Information is also available on the TNF website - www.fs.fed.us/r5/tahoe

Thanks  for your interest and participation in this process - see you later
this fall at one of the public meetings!

Sub-Group Map (See attached file: SubUnits_vicinity2_map.pdf)

Ann Westling
Tahoe National Forest
Public Affairs Officer
(530) 478-6205




September 27, 2006

EL DORADO FIELD TRIPS – ROUTE DESIGNATION

Filed under: Home Page, Legislative Action — Administrator @ 9:24 pm

Hello Everyone.

 

This is to announce the following important information:

 

Revised Preliminary Alternatives Now Available:

The project website has been updated.   Details of major changes to the

preliminary alternatives and maps of revised alternatives B, C and D are

now available on the Route Designation website.    The Alternative A map

and mileages are being processed and will be posted as soon as possible.

Thank you for your patience.

 

Reminder:  Field Trips Start Tomorrow!

“This is an excellent opportunity for the Forest and the public to discuss

route designation issues on-the-ground, rather than in a meeting hall,”

said Ramiro Villalvazo, Eldorado National Forest Supervisor, about the

upcoming field trips.

 

Come join members of the Interdisciplinary Team in a discussion about these

specific areas:

 

September 26:     Meiss/Silverfork Areas

September 27:     South Fork Trail

September 28:     Indian Valley / Forestdale Divide

September 29:     Caples Creek

September 30:     Mud Lake Area

October 1:  Lover’s Leap / Picket Fence Trail

October 7:  Meiss/Silverfork Areas

October 8:  South Fork Trail

October 14: Indian Valley / Forestdale Divide

 

All field trips start at 10AM, additional information about meeting

locations can be found on the project webpage:

http://www.fs.fed.us/r5/eldorado/projects/route.

Please RSVP to eldoradoroutes@fs.fed.us.  Field trips with no known

interest are subject to cancellation.  Check the webpage for updates.

 

 

If you have any questions, please feel free to email:

eldoradoroutes@fs.fed.us.

 

Thank you,

 

Amy L. Reid

Route Designation




August 31, 2006

LAO Autographed Helmet Auction

There will be an autographed helmet going up for auction to raise funds for the District 36 LAO. It is a One Industries Kombat Helmet, black and silver colored.

The helmet was donated by CYCLE GEAR STORES.  The signatures were obtained at the 2005 Dirt Rider 24 hour event and the first two GNCC rounds of 2006.  The helmet was also taken to other events by Rodney & Lori Smith.  

Special thanks to the following for helping to get this fundraiser accomplished:

Cycle Gear

Tom McGuirre

Rodney  & Lori Smith

The helmet will be auctioned on www.ebay.com, beginning on November 7, 2006.  The auction period will be seven days.  Just search for Seller “kraig351w” and check www.ama-d36.org for more information on November 7th.

The signatures acquired are:

Visor: Dick Burleson, Brian Garrahan, Barry Hawk, Randy Hawkins, Jimmy Jarret and Rick Johnson.

Top & Sides: Destry Abbott, Fred Andrews, Cole Calkins, Paul Edmondson, Steve Hatch,

Robbie Jenks, Nathan Kanney, Glenn Kearney, Mike Keidrowski, Mike Lafferty, Danny LaPorte, Josh McLevy, Charlie Mullins, Travis Pastrana, Jeff Russell, Juha Salimen, Rodney Smith, Scott Summers, Shane Watts and Paul Whibley.

D36 Lao Helmet0004.JPG  D36 Lao Helmet0002.JPG

 




August 25, 2006

CLORV & Vicotry 2006 Endorsements

For the press release about CLORV’s 2006 election endorsements, click here 2006 08 14 CLORV Arnold and V6 - Final11.pdf




August 24, 2006

“Victory 2006″ Announced and Explained

For the press release that announces and explains the Victory 2006 Coalitions, click here: Sportsmen Coalition Announced.pdf

 V06SportsmanStickerOval.jpg




August 23, 2006

Off-highway motorcycle owners that converted those models to street legal status since february 1, 2004, may lose their license plates.

Filed under: Home Page, Legislative Action — Administrator @ 2:41 pm

BAKERSFIELD, CA (August 21, 2006.) The California Air Resources Board (ARB) recently became aware of the fact that some off-highway motorcycles may have been inappropriately converted to street legal registration by the Department of Motor Vehicles since new policies banning that practice were adopted in 2004. In mid 2003, new policies were issued by the Department of Motor Vehicles that blocked owner or dealer conversions of off-highway motorcycles. This was in response to ARB requirements that all street legal motorcycles must be certified by ARB that they meet street legal motorcycle emission standards. DMV policies had historically allowed conversions after appropriate lighting and safety equipment was installed, but those policies had not been updated to reflect newer ARB regulations adopted subsequent to the DMV policy development. After discussions among ORBA, the American Motorcyclist Association (AMA), DMV and ARB, a delayed implementation of the new policy until 1-31-04 was adopted, allowing owners who had already purchased or ordered motorcycles in good faith with the intent to utilize the existing DMV policy to complete the conversion to street legal status. After 1-31-04, no off-highway motorcycles were supposed to be converted and registered by DMV.

Currently, DMV and ARB are auditing DMV records to determine if off-highway motorcycles have been converted to street legal status inappropriately since the 1-31-04 cut-off date. Preliminary indications are that some motorcycles may have been inappropriately converted, and a more detailed audit is underway to determine if that is the case and if so, how many of them were done, and to whom they belong. Owners of any off-highway motorcycles that are determined to be inappropriately converted will be contacted by DMV by mail, informed their street legal license plates are no longer valid, and offered the opportunity to register the bikes as off-highway motorcycles.

The only motorcycles that are allowed to be street registered are models that are certified by ARB as meeting highway emission standards, those converted previous to the 1-31-04 deadline and motorcycles of model year 1977 and older. Anyone who converted their off-highway motorcycles to street legal status prior to the 1-31-04 date will not be affected, and their current status will not change.

For those California residents interested in owning a street legal motorcycle that performs well off-road, there are several good options. Until now, there have been few options for those buyers, and even those were not as desirable to some buyers as converting a lighter, higher performance off-highway motorcycle. Fortunately, a few manufacturers have responded by producing dual sport bikes that perform well off-highway and are lighter than traditional dual sport models. It is expected that other companies may follow this trend.

DMV registration procedures pertaining to off-highway motorcycle conversions can be viewed at: http://www.arb.ca.gov/enf/advs/advs319.pdf

###

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry.




Off-highway vehicle (OHV) recreation continues without the cloud of litigation at the popular Clear Creek Management Area

Filed under: Cross Country, Enduro, Home Page, Legislative Action, Youth Cross Country, Youth Enduro — Administrator @ 8:01 am

HOLLISTER, CA (August 22) — Off-highway vehicle (OHV) recreation continues without the cloud of litigation at the popular Clear Creek Management Area (CCMA) for the first time in over eighteen months following the recent dismissal of a lawsuit brought by the Center for Biological Diversity (CBD) and California Native Plant Society. Managed by the Bureau of Land Management (BLM), the CCMA has been under attack for several years by anti-access groups seeking to close the popular off-road riding area, home of the AMA-sanctioned Quicksilver Enduro and known by enthusiasts throughout the country.
Access to Clear Creek being enjoyed by OHV family during 2006 Timekeeper’s Motorcycle Club Wild Piglet Enduro.

The BlueRibbon Coalition, a national non-profit recreation group (BRC), spearheaded an effort by motorized recreation interests to intervene in this case in order to help to protect public access to the CCMA. The suit, filed in Federal District Court in San Jose in November, 2004, threatened to eliminate most motorized use of the entire area. The Plaintiffs filed numerous motions seeking immediate judicial imposition of travel restrictions, none of which were granted.

“We are pleased at this result. The recreation community is proud of its strong legal defense of the agency’s planning process and continued support for active management of the CCMA,” noted Paul Turcke, a Boise, Idaho, attorney representing the Salinas Ramblers Motorcycle Club, the American Motorcyclist Association District 36, the California Association of 4 Wheel Drive Clubs, the California Off Road Vehicle Association, the Off Road Business Association and the BlueRibbon Coalition in the lawsuit. “However, this success should not trigger complacency. A number of CCMA issues remain pending, including our Interior Board of Land Appeals challenge to the ‘dry season’ closure, and future litigation at the CCMA and other California riding areas is unfortunately more likely than not,” Turcke cautioned.
BRC’s Don Amador (left) and Salinas Ramblers Motorcycle Club’s Ed Tobin (right) ride on newly designated OHV trail in Clear Creek Management Area.
click image to view

Before and during the lawsuit the Bureau of Land Management has been working on a travel management plan for the area. On January 13, 2006, the Bureau of Land Management (BLM) released its Record of Decision restricting vehicle travel in the CCMA to designated routes and areas. Based largely on the issuance of this plan, the Plaintiffs stipulated to dismissal of their suit, which the Court approved on August 3, 2006.

Don Amador, western representative for the BlueRibbon Coalition, states, “I believe that off-roaders should continue to build our partnership with the BLM and help support the agency’s effort to have a balanced program. With the distraction of this lawsuit removed, the OHV community can even more sharply focus our resources on proactive management of Clear Creek.”

###

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742 - http://www.sharetrails.org




August 20, 2006

Agency Staff, Rural Residents and Conservation Groups Challenge Off-Road Vehicle Abuse and Desert Mismanagement

Filed under: Home Page, Legislative Action — Administrator @ 8:44 pm

Public Employees for Environmental Responsibility
Center for Biological Diversity
Sierra Club
Desert Survivors
Alliance for Responsible Recreation

For Immediate Release: August 14, 2006

Contact:
Karen Schambach, PEER, 530.333.1106
Daniel Patterson, CBD, 520.623.5252 x306
Joan Taylor, Sierra Club, 760.408.2488
Jason Fried, Alliance for Responsible Recreation, 909.260.8833

Agency Staff, Rural Residents and Conservation Groups Challenge
Off-Road Vehicle Abuse and Desert Mismanagement

SAN FRANCISCO – A broad coalition of public employees, rural property owners and conservation groups today challenged the Bush administration in federal court for failing to protect private property, conservation lands and endangered wildlife from off-road vehicles across 7.1 million acres of the California Desert Conservation Area in Imperial, Riverside, San Bernardino, Los Angeles, Kern and Inyo counties.

“There is no question that excessive off-roading causes extensive damage to desert soils, vegetation, and wildlife,” said Jeff Aardahl, a respected biologist and manager who recently retired after working for 35 years in the California desert with the U.S. Bureau of Land Management (BLM) and the National Park Service. “BLM and FWS are well aware of the harm off-road vehicles are causing to public and private lands and the Desert Tortoise in the California desert, but they are doing little to nothing to stop it and are even making it worse by expanding excessive off-roading.”

Public Employees for Environmental Responsibility (PEER) and others detail how new management and recreation plans by BLM and the U.S. Fish and Wildlife Service (FWS) have turned a blind eye to the damage caused by off-road vehicles in the Western Mojave Desert (WEMO) and northern and eastern Colorado (Sonoran) Desert (NECO) regions of Southern California. Congress created the California Desert Conservation Area in 1976 to protect the region’s biological, ecological, cultural and aesthetic resources, which are “extremely fragile, easily scarred, and slowly healed.”

“Agency staff and the public are fed up with this administration’s ‘let ‘em eat cake attitude’ as the Desert Tortoise and other endangered species slide towards extinction,” said Karen Schambach, California Director of PEER. “It’s a disgrace we have to go to court to save species from agencies that are supposed to be protecting and recovering them.”

There have been numerous complaints by private property owners about vandalism, violence and other damage caused by illegal off-road vehicle use, but poor BLM enforcement has left these problems unchecked. BLM’s new management and route designation plans – which allow increased off-road vehicle use – make matters worse, not only for area property owners but also for endangered wildlife, namely the Desert Tortoise.

“The science-based, proactive measures outlined in the 1994 Recovery Plan must be implemented on the ground to stabilize and recover desert tortoise populations,” said Dr. Michael Connor, a tortoise biologist. “In contrast to the recovery plan’s recommendations, BLM’s NECO and West Mojave plans authorized more off-roading and other harmful activities that are incompatible with tortoise recovery. The Desert Tortoise was listed 17 years ago. It is high time that these problems were fixed.”

The Alliance for Responsible Recreation brings a strong challenge to the BLM’s flawed, pro off-road “decision tree,” used to determine if specific off-road routes will be open or closed. The “decision tree,” designed by an off-road advocate, almost always results in routes being designated open to off-road vehicles, even when they harm endangered species or lead to illegal off-road trespass on private property bordering BLM lands.

“The BLM is not being a good neighbor when it invites people to trespass across private property, and it’s not being a good steward of our public lands when it arbitrarily creates a spaghetti bowl of off-road routes without care of its impact on our public lands,” said Jason Fried of the Alliance for Responsible Recreation.

“Desert Survivors has led hundreds of group trips on public lands throughout the California Desert Conservation Area and we keep seeing the same thing: off-road vehicles speeding everywhere, desert washes treated like motocross race tracks, livestock grazing where there is no grass, and new wildlife guzzlers proposed in roadless wilderness,” said Steve Tabor, President of Desert Survivors. “It’s time for a change. In the age of Bush irresponsibility, this lawsuit is absolutely necessary.”

The legal challenge – which also addresses harm from commercial livestock grazing and artificial water tanks – seeks an invalidation of BLM’s NECO plan, WEMO plan and its WEMO route designation as well as FWS’s permits for them. The lawsuit also seeks a court order that will truly protect and recover the tortoise and other endangered species by requiring that the Department of Interior draft new plans.

“We have no choice but to go to court to challenge the unsupportable decisions of the BLM and Fish and Wildlife Service in the California desert,” said Daniel R. Patterson, Desert Ecologist with the Center for Biological Diversity who formerly worked with BLM in the California Desert Conservation Area. “The Endangered Species Act works, and swift, corrective action to follow the law must taken by the Interior Department so the Desert Tortoise and other endangered species can stabilize and recover.”




August 9, 2006

Repsol and Motorcycle Stuff praised over $10,000 dollars for the BlueRibbon Coalition Legal Defense Fund’s (BRCLDF)

Filed under: Cross Country, Enduro, Home Page, Legislative Action — Administrator @ 8:56 pm

Media Release: OFF-ROAD BUSINESSES AND CLUBS MAKE A “CASE FOR ACCESS”
Contact: Don Amador, BRC Western Representative
Phone: (925) 625-6287
Fax: (925) 625-5309
E-mail: brdon@sharetrails.org
Webpage: http://www.sharetrails.org/index.cfm?page=21#Don
Date: August 9, 2006

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MORGAN HILL, CA (August 9) — Powersports businesses teamed up with local motorcycle clubs on a successful grassroots promotion to raise funds for ongoing legal actions to protect public land access. Repsol and Motorcycle Stuff partnered with the American Motorcyclist Association District 36 and local off-highway vehicle (OHV) clubs and raised over $10,000 dollars for the BlueRibbon Coalition Legal Defense Fund’s (BRCLDF) court actions in Northern California.
The product package that was sold at events to help raise funds for legal actions at Clear Creek Management Area and Eldorado National Forest.
click image to view

The program titled “A Case for Access” encouraged motorcycle enthusiasts throughout Northern California to purchase Repsol lubricants and a portion of the proceeds from sales were donated by Repsol and Motorcycle Stuff to the BRCLDF. Over $10,000 dollars were raised in direct oil sales plus other promotion-related activities for legal efforts at the Clear Creek Management Area and the Eldorado National Forest.

“Repsol is proud of our part in helping local clubs at the grassroots level raise funds for legal efforts to protect our rights to use public lands in a responsible manner. I think this program shows our commitment to the sport and the rider,” states Ignacio Belloni, USA representative for Repsol.

Tim Dodd, Senior VP of Motorcycle Stuff, said, “I believe the OHV Industry has an important role to play as a partner with local motorcycle clubs and off-road enthusiasts to help them in the battle to keep riding areas open and managed for future generations. Our company wants the riders to know that we are committed to helping them raise funds to successful challenge unwarranted land closures.”

Dave Pickett, President of AMA District 36, said, “District 36 worked with our member clubs, specifically the Salinas Ramblers Motorcycle Club and the Timekeepers Motorcycle Club on this promotion. This was a product specific fundraising effort to raise funds to help champion the case for continued OHV opportunity in the Clear Creek Management Area and the Eldorado National Forest.”

“Many other clubs were involved in this effort to secure funding for the legal challenges presented to the OHV community. Numerous D36 volunteers helped in securing donations through product support by Repsol SA Lubricants at specific events, as well as product purchases from Repsol stocking dealers. These efforts returned valuable funding needed for our legal actions spearheaded by the BRCLDF,” Pickett concludes.

Ed Tobin, spokesperson for the Salinas Ramblers Motorcycle Club, said, “The Salinas Ramblers worked closely with Repsol and Motorcycle Stuff during the promotion. In order to rapidly launch the program, the Salinas Ramblers created a web page for the promotion and notified the public about the program via e-mails and articles posted in on-line forums. Members distributed handbills at the International Motorcycle Show in San Jose in December 2005 and at the entrance to Clear Creek from December 2005 through March 2006. Our volunteers worked many other venues as well to help raise funds.”

“This was an excellent opportunity for the off-road business community to
partner with the users to help support the ongoing legal actions of the BRCLDF at the Clear Creek Management Area and Eldorado National Forest.” Tobin stated.

###

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. http://www.sharetrails.org

NOTE TO PUBLISHERS: Higher resolution images used in this story are available for download at:

http://www.sharetrails.org/uploads/PL/Repsol080906/




August 8, 2006

CALIFORNIA AIR RESOURCES BOARD (CARB) ADOPTS NEW STANDARDS FOR DUNE BUGGY EMISSIONS

Filed under: Home Page, Legislative Action — Administrator @ 8:50 pm

OFF-ROAD BUSINESS ASSOCIATION, Inc.

FOR IMMEDIATE RELEASE

 

CALIFORNIA AIR RESOURCES BOARD (CARB) ADOPTS NEW STANDARDS FOR DUNE BUGGY EMISSIONS. THIS MOVE HAS AVERTED POSSIBLE DISASTER FOR AN EVER-CHANGING AND GROWING DUNE BUGGY AND ENGINE MANUFACTURING INDUSTRY.

BAKERSFIELD , CA (July 31, 2006.) The California Air Resources Board (CARB) voted on July 20 to create a special category to regulate the emissions of dune buggies. Previously dune buggies were regulated under the “Off-Road Large Spark Ignition” standard, a standard focused on things like forklifts and industrial engines. This standard was problematic for engine and dune buggy manufacturers because of the expensive testing equipment and an overly aggressive durability requirement. Had the CARB Board of Directors not adopted this new standard the dune buggy and engine manufacturers faced the possibility of severe fines and even the closing of their businesses as a result of being out of compliance. This situation was averted by the hard work of a few key individuals in the dune buggy industry, including John Begin of Suspensions Unlimited and Grant George of Funco Motorsports, and by Bill Dart, Land Use Director for the Off-Road Business Association (ORBA). These individuals worked with the board and their staff members to ensure that the sandcar and engine manufacturers have a separate emission standard and test procedure appropriate for the industry. The existing procedures are prohibitively expensive for an industry of this scale. Grant George stated “I am pleased with the willingness of the CARB Board to work with the dune buggy industry to ensure the environment is protected and the manufacturers have a reasonable time to come into compliance with any new standards”.

The new sandcar category requires manufacturers to comply only with current Federal EPA standards.  For a buggy to fit into the CARB “Sandcar” category it must have an engine greater than one liter. If a buggy has an engine equal to or less than one liter it will be considered an “Off-Road Sport Vehicle” by CARB. In the future CARB would like to look at enacting regulations for “Sandcars” that are more stringent than the current Federal EPA requirements. The CARB Board stated that they would continue to meet with people in the industry to discuss any possible changes. “Bob Cross, Michael Carter, and Scott Rowland of CARB were very understanding and pleasant to work with. It is important that the industry not see them as the enemy, they are doing their jobs and what they feel is right. I look forward to working with the CARB staff on future emission requirements” stated John Begin of Suspensions Unlimited. ORBA’s Director of Land Use, Bill Dart, has extensive experience working with CARB in the past and will be working closely with the industry and CARB to develop an effective yet affordable solution. “CARB normally regulates huge multi-billion dollar industries so it was essential that they understand the sandcar industry has extremely limited resources” Dart stated. “With our input we are optimistic that CARB will develop a reasonable program” Dart concluded.

###

 

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry.




August 4, 2006

Amador County kills proposed OHV ban ordinance

Filed under: Home Page, Legislative Action — Administrator @ 11:07 am

Amador County August 1st.

Yesterday, the Amador County Board of Supervisors killed a proposed County Ordinance that would have restricted any use of an OHV on private property. Similar to the Riverside and Santa Cruz County ordinances, the Supervisors voted unanimously not to implement the ordinance. D36 and may property owners argued successfully that this ordinance was not needed, and that enough state laws and regulations were already in effect that duplicated the proposed ordinance. D36 made sure that the Board knew that Riverside county had been sued, and it was likely that the suit will cost hundreds of thousands of dollars in taxpayer funded legal fees to defend their adopted ordinance, and did Amador County have a reserve big enough of taxpayer money to successfully defend the proposed ordinance if adopted, and sued. Additionally, language in the ordinance included PUBLIC land, which potentially could have caused harm for District 36 club Polka Dots MC and their annual event they hold in Amador County even though on USFS managed lands.

Dave Pickett Legislative Action Office – Director




July 19, 2006

RECREATION GROUP SUPPORTS ACCESS PROTECTIONS IN NOR CAL WILDERNESS BILL

Filed under: Home Page, Legislative Action — Administrator @ 2:07 pm

FOR IMMEDIATE RELEASE
Contact: Don Amador
Phone: 925.625.6287
Date: July 19, 2006

RECREATION GROUP SUPPORTS ACCESS PROTECTIONS IN NOR CAL WILDERNESS BILL

WASHINGTON, DC (July 19) - The BlueRibbon Coalition (BRC), a national trail-based recreation group, today expressed support for new access and recreation provisions incorporated into a Northwestern California Wilderness Bill (HR233).  The new version of the legislation will recognize off-highway vehicle (OHV) and mountain-bike (MTB) use as legitimate recreational activities on federal lands by codifying said use in statute on a majority of routes affected by the proposal.

Don Amador, Western Representative for the BlueRibbon Coalition, said, “I believe protecting fishing access in the Park, keeping OHV and MTB trails open and deleting non-wilderness areas such as the Mad River Buttes proposal has improved this piece of legislation.”

The legislation that will designate over 200,000 acres in Northern California will also protect the rights of beach fishermen to access the coastline in Redwood National Park . In addition, the bill will codify existing equestrian, OHV, and MTB recreation in the Cow Mountain are near Ukiah , California .

“This bill is not perfect and many recreation groups are disappointed that the reopening of Black Sands Beach in the King Range was not part of the legislation.  Also, we are disappointed that the popular Backcountry designation did not get formally adopted.  However, the fact that many of our OHV and MTB routes are being codified in statute is a clear acknowledgement that a Backcountry alternative to Wilderness is a valid and popular concept,” Amador concluded.

# # #

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742.  www.sharetrails.org




April 25, 2006

OHV on the move! Political survival……

Filed under: Home Page, Legislative Action — Administrator @ 9:40 pm

http://www.californiachronicle.com/articles/viewArticle.asp?articleID=8643




April 13, 2006

Listen to the Opposition . . .

Filed under: Home Page, Legislative Action — Jill Patterson @ 10:30 am

Here is a link for you to listen to another attack against OVH - - this one regarding Sand Mountain and the Blue Butterfly.  Click to the link and then click to listen to segment three.

http://www.wildsidenews.com/011206.htm 




San Bernardino County Smarter than Riverside County!!!

Filed under: Home Page, Legislative Action — Jill Patterson @ 10:28 am

OFF-ROAD BUSINESS ASSOCIATION

FOR IMMEDIATE RELEASE 

SAN BERNARDINO COUNTY PASSES OFF-HIGHWAY VEHICLE (OHV) ORDINANCE WITH OVERWHELMING SUPPORT FROM OHV ORGANIZATIONS, ENVIRONMENTALISTS AND COMMUNITY GROUPS.

BAKERSFIELD, CA (April 11,2006) – On April 11, 2006 The San Bernardino County Board of Supervisors unanimously passed an OHV ordinance that is fair to both off-roaders in the county and residents who have valid complaints. Early on in this process David Hubbard, attorney for EcoLogic, suggested the formation of a group of stakeholders composed of environmentalists, OHV organizations and community groups from around the county. The goal of this group was to find a compromise on this sometimes very contentious issue and then go before the Supervisors united in their support for the agreement reached. After two very long meetings the stakeholders agreed on the language used in this ordinance. 

The compromise includes no property line setbacks, no maximum number of bikes per acre, no restrictive riding period, and no permit process for the person wanting to ride on their own property and not use that property as a staging area. A permit is only required if the property owner plans on staging more than 10 OHV’s on a property. It does include a process by which residents can seek judicial relief from nuisance and harassment. The ordinance includes a noise element requiring OHV’s ridden on private property to measure 96dba at the pipe, the same standard required on California public lands. Also, the language in this ordinance gives enforcement powers to both County Code Enforcement and the Sheriff’s department.

David Hubbard, attorney for EcoLogic stated “I would like to thank all parties involved in this process.” Meg Grossglass of ORBA commented “I hope the process by which this ordinance was crafted is repeated in counties looking at similar ordinances. Other counties have not taken into consideration the needs of all members of their constituency, San Bernardino County wanted to address those concerns and followed through with an ordinance that is fair and reasonable to all citizens.”

###

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry.  

Meg Grossglass, Membership Representative, & Media Relations   

 




April 12, 2006

Riverside County Sued !!!

Filed under: Home Page, Legislative Action — Jill Patterson @ 4:57 pm

OFF-ROAD BUSINESS ASSOCIATION, Inc.
 

FOR IMMEDIATE RELEASE

RIVERSIDE COUNTY SUED OVER RECENT OFF-HIGWAY VEHICLE (OHV) AND NOISE ORDINANCES THAT EFFECTIVELY BAN RECREATIONAL RIDING ON PRIVATE PROPERTY.
 

BAKERSFIELD, CA (April 11,2006) –On April 10, 2006, EcoLogic Partners, Inc., the Off-Road Business Association (ORBA), the San Diego Off-Road Coalition (SDORC), the California Off-Road Vehicle Association (CORVA), the American Motorcyclists Association District 37 (AMA D37), and the American Sand Association (ASA) filed suit against the County of Riverside alleging that the County’s recently adopted Noise and OHV ordinances violate state law. EcoLogic, the American Motorcyclist Association (AMA), ORBA, The McGrath family and residents of Riverside County have worked for almost two years to help the county craft an ordinance fair to all parties involved. It is unfortunate the Supervisors in Riverside chose to ignore the rights of families in the county to ride OHV’s on their own property.
 

The lawsuit filed in Riverside County Superior court alleges the noise and OHV ordinances violate various state regulations on four separate issues. The noise ordinance is inconsistent with the County’s General Plan which is a violation of state planning and zoning laws. The section of the OHV ordinance that requires riders to carry written permission when on private property is in direct conflict with California State Penal Code §602.2. The OHV ordinance also fails to include a “grandfather” clause to protect the vested rights of landowners who have used OHV’s on their properties for many years. Finally, the county’s environmental review of the two ordinances were wholly inadequate as they have failed to account for the many impacts expected once OHV use on private land becomes subjected to the severe restrictions imposed by these ordinances.
 

EcoLogic Attorney David Hubbard stated “We tried to have the deficiencies in this ordinance corrected prior to its approval, the Supervisors chose to ignore our comments and this lawsuit is our only recourse.”  Meg Grossglass of ORBA commented “These ordinances violate state regulations and it is the intent of the OHV organizations involved to protect the rights of recreational riders in Riverside County which has traditionally been the home of many families that recreate together on their own property.”
 

###
 

ORBA is a national trade association composed of off-road related businesses united to promote common goals that support the prosperity and growth of the off-road industry. 
 

Meg Grossglass,  Membership Representative & Media Relations
ORBA Off-Road Business Association

1701 Westwind Drive #216
Bakersfield, CA 93301
direct to Meg 951-926-1953,  951-415-1869 cell

Coporate Office 661-323-1464,  Corporate Fax 661-323-1487




April 9, 2006

OHV Funds in Limbo

Filed under: Home Page, Legislative Action — Jill Patterson @ 12:24 pm

Funds for off-road enforcement in limbo  

Audit, lawsuit, outrage prompt a state hearing on the oversight program.  

 

In the wilds of Calaveras County, Deputy Sheriff Eric Lamb boards a dirt bike and goes to work, keeping order on 8,000 acres of forest.   “I’m stretched pretty thin,” Lamb said.  

In the county of about 45,000 residents, he is the only deputy responsible for keeping tabs on off-road vehicle riders cruising hundreds of miles of trails through Stanislaus National Forest. Because the vast off-road trails burden the rural county’s budget, the county has relied on a grant from the state’s Off-Highway Vehicle Trust Fund to pay for Lamb’s position. 

Lamb filed the paperwork in October for this year’s grant, but later learned from the state Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation that his request - along with those of 45 other agencies that provide enforcement or other off-road-vehicle services totaling $18 million - is in limbo. A critical 2005 audit of the state’s off-highway vehicle program, a lawsuit and outrage from the industry have prompted an April 26 hearing of the Joint Legislative Audit Committee. 

One pressing issue: The seven-member Off-Highway Motor Vehicle Recreation Commission expires in 2008, so the Legislature must decide to reform it or abandon it - and the same with the whole off-highway vehicle program, which is scheduled to sunset next year. The program operates eight off-road parks funded through fuel tax revenues, vehicle registration fees and entrance fees. 

Grants from the commission are used for everything from law enforcement to trail maintenance on locally or federally owned land in the state. The rest of the fund - about $50 million this year - is used primarily to maintain the state off-road parks. 

Lamb and other grant hopefuls have been trapped as the off-highway commission and program administrators face charges of mismanaging public funds, and polarized ideological battles have paralyzed the commission. The controversy crests at a pivotal time for the off-road industry, a sport that requires a wide berth from most other outdoor pursuits. 

Ownership of off-road vehicles in the state has nearly tripled in six years to 960,495 in 2006 from 333,162 in 1995, according to the Department of Motor Vehicles. At the same time, open space is giving way to urban growth. The audit released in August points to millions of dollars unwisely or questionably spent, including nearly $2 million for a 669-acre “buffer” for Prairie City State Vehicular Recreation Area in Rancho Cordova in 2003. The land is five miles from the park it is supposed to protect. 

A 1972 state law dictates the off-road money be evenly used for restoring land destroyed by users and buying and maintaining property for the sport. Off-highway vehicle supporters contend the commission has been largely hijacked by environmentalists who are cold-shouldering enhancement of the sport in favor of conserving land or restoring it. 

For several years, appointed commissioners have splintered into a four-vote environmentalist bloc and a three-vote bloc of off-highway vehicle interests or law enforcement. Auditors concluded that commissioners granted money based on “individual interests,” and the program’s administrators and commissioners lacked a common strategy or “shared vision.” 

“It’s a spoils system that has been corrupted,” said Terry McHale, a Sacramento lobbyist for the off-highway vehicle industry. “What it has turned into is sort of a slush fund.” Amador County Sheriff Mike Prizmich, a commissioner, said the audit was too harsh on the off-highway division, which changed administrators during the audit period. 

“The commission has been the greater problem in the disruption,” he said. Prizmich, who was appointed by former Gov. Gray Davis, said the solution is to reduce the panel’s role to an advisory one. 

Administrators of the off-highway program say they are correcting problems attributed to them in the state audit, including the implementing of an objective scoring system for awarding grants. “We took this audit very seriously,” said Daphne Green, deputy director of the division. 

The new commission chairman, John Brissenden, who is part of the four-vote bloc, said the present commission is actually bringing parity to a program that has long neglected conservation and restoration. “We believe in a balance, and that’s what we are trying to accomplish,” he said. 

Appointed in 2002 by former Democratic Assembly Speaker Herb Wesson, Brissenden said the commission is effective even without a majority not aligned with the sport. “I think we come with fresh ideas and fresh eyes,” he said. 

An off-highway vehicle group, Ecologic Partners Inc., has filed suit in

Sacramento Supervisor Court

against the parks department and the commission, accusing the commissioners of violating state open-meeting laws and illegally creating policies. 

The suit was filed in January, but it’s not a new problem, said David Hubbard, an Escondido attorney representing the off-highway vehicle groups. “It’s been building for years because of the dysfunctional nature of the commission,” he said. In Calaveras County, the major concern is getting grant money to pay for Deputy Lamb. 

“It would virtually impossible to keep him in that position without it,” said Sheriff Dennis Downum. Before Lamb was on the job, trespassers overran private property near the forest. 

“I’m sure it would start again,” Downum said, “almost immediately.” 




March 21, 2006

RIVERSIDE COUNTY RELEASES LATEST DRAFT OF OHV ORDINANCE.

Filed under: Home Page, Legislative Action — Administrator @ 11:11 am

OFF-ROAD BUSINESS ASSOCIATION, Inc.

FOR IMMEDIATE RELEASE

RIVERSIDE COUNTY RELEASES LATEST DRAFT OF OHV ORDINANCE. IT REQUIRES RESIDENTS TO OBTAIN A PERMIT, MINIMUM ACREAGES, LARGE SETBACKS AND A SEVERLY LIMTED RIDING PERIOD.

BAKERSFIELD, CA (March 16,2006) –After the last Board of Supervisors meeting on January 24th, it comes as no surprise that Riverside County proposes an extremely restrictive ordinance that, when coupled with their sound ordinance, effectively bans OHV use on all private property in Riverside County.

Some of the highlights of the county’s latest offering to their residents are: any property owner wanting to ride on their own property must obtain a permit from the county and pay the fee associated with that permit which is not specified in the draft ordinance, a riding period that restricts OHV use from 12pm to 5pm, and no riding on parcels less than 10 acres unless notarized permission is obtained from all contiguous property owners. Along with permit and acreage rules you must have