USA-ALL Monday Dispatch for October 13, 2003

Date: Thu, 16 Oct 2003 15:25:15 -0600
From: Brian Hawthorne <[email protected]>
Organization: Utah Shared Access Alliance
To: "Brian D. Hawthorne" <[email protected]>
Subject: USA-ALL Monday Dispatch for October 13, 2003

Greetings!

Well, I'm back on the job. I took a few weeks off from producing our
Monday Dispatch. What was I doing? Enjoying the spectacular Utah
backcountry on various Off Highway Vehicles, of course!

I've also been attending a bunch of planning meetings and digging
deep into BLM's and Forest Service Land Use Plan revision process. Be
sure to read our update in this Dispatch.

I very much appreciate the kind comments I've received from you folks
lately. The Dispatch takes quite a bit of effort to produce and it's
nice to know you appreciate it and that many of you have missed
reading them on a regular basis.

Thanks,
Brian Hawthorne
Utah Shared Access Alliance



USA-ALL Monday Dispatch for October 13, 2003

SUPER MEGA ACTION THANKS TO USA-ALL'S FINANCIAL SUPPORTERS!

What can we say, except to express our profound gratitude to those
who have supported our efforts to keep public lands open for
recreational access.

We want to shout a special thanks to the Utah Trail Machine
Association ( <http://www.utma.net>http://www.utma.net ) and the
Firebirds Motorcycle Club for supporting our challenge of the
outrageous and unfair closure of the Tibble Fork Trail System.

We're not forgetting the Utah Four Wheel Drive Association (
<http://www.u4wda.org/>http://www.u4wda.org/ ) and the North American
XJ Association ( <http://www.naxja.org/>http://www.naxja.org/ ) who
both made a very generous donations recently.

Buy the way, celebrated the 20th anniversary of the Jeep
Cherokee XJ last week in Moab. I was fortunate to be invited to their
awards dinner along with the Board of Directors of the United Four
Wheel Drive Associations. I have to say that the is one fun
bunch. I had a blast!

Thanks to all of you who support USA-ALL's efforts.


BIG WIN!!
Arizona Strip Planning Effort Moves Toward Legally Authorized Alternatives

Most of you will remember an ACTION ALERT we sent out back in early
July about the BLM's Arizona Strip planning effort. At that time the
BLM had received less than two dozen comment letters from OHV users.
They were on their way toward de-facto wilderness management an no
one seemed bothered by it.

But after our ACTION ALERT, things have significantly changed. The
BLM has completely abandoned the effort to designate additional
Wilderness Study Areas (WSA) and It looks as though the BLM will
significantly modify their intent to designate vast "Primitive Zones"
as well.

I would really like to take credit for this, but the credit actually
goes to you, and all of the people who took the time to contact the
BLM and make their views heard. Seriously, I can confidently predict
that many roads and trails will remain open as a direct result of
your comment letters. It's great when the TEAM concept (Together
Everyone Achieves More) works. USA-ALL dove into the BLM's planning
documents, sweat the details and spread the word about their lousy
plans. Our national partners, the BlueRibbon Coalition (
<http://sharetrails.org>http://sharetrails.org ) and the United Four
Wheel Drive Associations ( <http://ufwda.org>http://ufwda.org )
helped us motivate OHV users to send in comment letters. Not only
that, other Multiple Use stakeholders, including livestock grazers
got involved.

At USA-ALL we don't just talk about the TEAM concept... we live it!

The BLM's planning effort appears to be focused on use allocations,
evaluating possible Areas of Critical Environmental Concerns (ACEC)
designations and utilizing the Recreational Opportunity Spectrum
(ROS) to develop their Draft Alternatives.

Why is this better? It's far better than doubling the amount of WSA's
or designating vast areas as "Primitive Zones" primarily because this
method is legally authorized! But also because this kind of planning
includes well defined criteria and provides for site specific
management plans. That's important for protecting recreational
access. You know what? It's also better if you are really concerned
about real (not made up) environmental issues or problems.

Is the battle over? Heck no! The wilderness advocacy groups (WAGs)
won't give up and we still have to deal with the agenda driven
bureaucrats and preservationist minded BLM employees (for an example
of what we have to deal with take a look at the item below). We think
it's reasonable to expect at least one (or more) of the alternatives
to include ACEC's that mirror the WAG's Wilderness proposal. It's
also reasonable to expect inappropriate ROS proscriptions. We'll make
certain you know when the BLM releases their Drafts so you can take a
close look.

Nevertheless, this represents a very positive development and its all
because YOU took action. This is the kind of thing that makes my job
fun! To all of you who took the time to write a letter or send an
email... Thank you!


Moab/Monticello BLM Moves Planning Effort Along
BLM announces "Open Houses" to solicit public input

The Bureau of Land Management makes management decisions according to
Resource Management Plans (RMP). An RMP can be compared to a county
master plan where management direction and objectives are defined for
specific resources and areas. The BLM has announced that they will
amend the RMP for the Moab and the Monticello field office.

We highly recommend you attend the Open Houses if you can. At the
very least, contact the BLM and have them put you on their contact
list so you'll be notified of meetings, comment opportunities etc.
Contact Brent Northrup for the Moab office at: 435-259-2100 or via
email: [email protected]
Contact Gary Torres for the Monticello office at: 435-587-1500 or via
email at: [email protected]

We are more than a little concerned about the direction the BLM
apparently want's to go. Here's an example: BLM may identify
"Preliminary Draft Alternatives" early on in the process. In Moab,
BLM has developed 4 preliminary alternative "concepts" or "themes".
They've got the "Conservation and Restoration" theme and the
"Resource Zone" concept. They've also got "Special Designation" and
"Rangeland Health" themes.

Now, if you've noticed that all of these concepts tilt decidedly
toward the preservation side of things you aren't the only one. This
is not good! BLM is required to develop a full range of alternatives,
not a just a full range of preservationist alternatives. In my
opinion, this kind of thing is indicative of the preservationist
orientation of some BLM planners.

OHV users and other Multiple Use stakeholders are going to have to
get involved and push the BLM to develop a true full range of
alternatives. One way you can help is to attend the Open Houses.

BLM Open House Meeting Schedule:
All meetings will begin at 6:00 pm

IN MOAB on Thursday, October 16
Grand County High School
608 S. 400 E. Moab UT

IN MONTICELLO on Tuesday October 21
Monticello High School Cafeteria
164 South 200 West Monticello UT

IN BLANDING on Wednesday, October 22
Blanding Arts and Event Center
790 West 200 South Blanding UT

SALT LAKE CITY on November 13
Red Butte Garden
300 Wakara Way, Salt Lake City UT

More information is available on BLMs websites Moab:
<http://www.moabrmp.com>http://www.moabrmp.com or Monticello:
<http://monticellormp.com>http://monticellormp.com


BLM Clarifies New Planning Guidance
USA-ALL Sweats the Details!

Last week, the BLM released 3 important Instruction Memorandums (IM).
2 of the IM's dealt with Wilderness and the other deals with OHV road
and trail designations.

One of the wilderness IM's provide instructions to BLM land managers
regarding how to implement settlement of Utah v. Norton, whereby BLM
agreed not to designate any additional Wilderness Study Areas. The
other provided guidance and instruction on how to consider
"Wilderness Characteristics" in Land Use Plans. USA-ALL is currently
reviewing these IM's and we'll give you a full report on their impact
on recreational access soon.

The IM that dealt with OHV road and trail designations was formulated
to provide guidance to BLM offices who are revising their Resource
Management Plans (RMP). Under the previous administration, BLM
released new planning Manual and Handbook. Planners had requested
clarification on how to implement the new planning guidance insofar
as OHV use is concerned.

Under the new planning guidance the BLM will designate "open",
"limited" and "closed" areas for OHV use. In areas that are
designated "limited" BLM instructs planners to "select" of a network
of roads and trails when revising the RMP. We interpret that to mean
that BLM will perform specific route designation plans within the RMP
revision process. If, for some reason, BLM cannot do that, the IM
instructs planners to:
a) incorporate a map of a preliminary road and trail network,
including known roads or trails that are expected to be included in
the final network;
b) define short-term management guidance for road and trail access
and activities, including interim management guidelines for proper
identification of the preliminary road and trail network, including
signing and maintenance of open roads and trails;
c) outline additional data needs and a strategy to collect needed information;
d) establish a clear planning sequence, including public
collaboration, criteria and constraints for subsequent road and trail
selection and identification;
e) produce a schedule to complete the limited area or sub-area road
and trail selection process. Normally, this process should not
exceed five years; and
f) Install signs, and in some cases, construct barriers or perform
restoration on closed roads and trails.

Actually, USA-ALL is pleased to see the BLM clarify the new planning
rules. We expect the manner in which the guidance will affect
recreational access to vary between each field office. It will take a
bit of effort to monitor the BLM and we'll need your help whenever
they ask for public comment and review, so stay tuned and watch you
inbox for our ACTION ALERTS!

A final note:
I noticed a comment attributed to BlueRibbon Coalition's Western
Representative Don Amador in one of the Washington D.C. natural
resource newsletters. Amador said. "It's better to take little bit
longer to do the right thing than to rush something through and get
it wrong." Amador cautioned that the directive's success is
ultimately pinned on the amount of energy and resources the agency
leadership focuses on recreation program travel management
designations. "You can do all the planning process you want, but if
you don't have the staff and the commitment to a project, you're
wasting your time," he said.

Amador is exactly right. We'll be watching this closely and we'll
make sure you know how it will affect YOUR favorite road and trail.

USA-ALL Defends Shoshone ATV Trail In Media

Most of you might have missed an opinion piece published in the Salt
Lake Tribune by Charles Romesburg. It was printed in the September 14
edition. Romesburg is a professor in the College of Natural Resources
at Utah State University. Romesburg's piece is typical anti-OHV
whining. You won't find much in it you haven't read before.

See: Wasatch-Cache National Forest plan hides a sucker punch
<http://www.sltrib.com/2003/sep/09142003/commenta/92109.asp>http://www.sltrib.com/2003/sep/09142003/commenta/92109.asp

I was happy for the opportunity to write a response.

See: Trail plan helps forest
<http://www.sltrib.com/2003/Sep/09232003/public_f/94915.asp>http://www.sltrib.com/2003/Sep/09232003/public_f/94915.asp


Excellent Reading Department:

I've always enjoyed Tom Wharton's writing. Last month he wrote an
excellent article about not taking trails for granted. I certainly
agree with Tom. After all, I took this job because I wanted to
protect the roads and trails that mean so much to me!

See: Wharton: Walk, ride or roll them, but don't take trails for granted
<http://www.sltrib.com/2003/Sep/09202003/utah/94058.asp>http://www.sltrib.com/2003/Sep/09202003/utah/94058.asp

UPDATE:
Important Utah OHV Lawsuit Heads to Supreme Court

In 1999 the Southern Utah Wilderness Alliance (SUWA) launched a
gargantuan assault on lawful OHV use on BLM lands in Utah. So large
was SUWA's lawsuit that it threatened OHV use on 10 million acres!
After preliminary injunction hearings in District Court in Utah,
USA-ALL along with our National Partner the BlueRibbon Coalition
successfully dismissed SUWA's claims. SUWA appealed, and the Tenth
Circuit reversed the trial court's dismissal and sent the case back
to Utah. USA-ALL has petitioned the United States Supreme Court to
review the legal issues involved in this case. BLM has also appealed
to the Supreme Court.

This case is important to OHV use throughout all public lands states.
The district court case turned on a fairly complex jurisdictional
point regarding the rules one must follow when suing the Federal
Government. A lawsuit has to choose one of two routes under the
Administrative Procedure Act (APA). One route allows one to compel
the government to act on a mandatory duty that has been unlawfully
withheld or unreasonably delayed. The other route allows a lawsuit if
the government is doing something illegal. SUWA chose the first
route, and argued the BLM shirked its duty to "manage" OHV use.
USA-ALL defended the BLM arguing that the BLM was indeed managing OHV
use, although not exactly like SUWA would have them do it.

The ruling dramatically expands the opportunities to sue a federal
land manager. If the ruling stands, someone can sue an agency, not
because they did anything illegal or because the failed in their duty
to fulfill a mandate, but simply because one doesn't like the way the
agency is going to about its business.

USA-ALL is committed to stay involved in this very important case.
Going to the Supreme Court is not an inexpensive endeavor though, so
your financial support is desperately needed. Please send whatever
you can to our Legal Defense fund. Donations are easily made via our
secure website. Hint: use our Pledge Method. Go to
<http://www.usa-all.com>http://www.usa-all.com (Click "Membership
Info" on the left).

See: High court asked to rule on OHVs
<http://www.sltrib.com/2003/Jul/07222003/utah/77612.asp>http://www.sltrib.com/2003/Jul/07222003/utah/77612.asp
and
Top justices urged to hear Utah wilderness case
<http://www.desnews.com/dn/view/0,1249,510040900,00.html>http://www.desnews.com/dn/view/0,1249,510040900,00.html