Subject: ATV Jamboree In Utah vs. SUWA
Date : 09 Jan 01 08:45:15 -0700
Outdoor Enthusiasts:
FYI--for those of you who would ever like to participate in the popular annual Paiute Trail ATV Jamboree in Utah:
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Date: 1/9/1 9:20 AM
From: Brian Hawthorne
Greetings VARA people! (VARA stands for Vehicle Assisted Recreation and Access)
THIS MESSAGE CONTAINS A VERY IMPORTANT ACTION ALERT. IMMEDIATE ACTION REQUESTED.
BUT FIRST:
A personal message from Brian:
Dear Friends,
I know exactly how you felt when you read the "subject line" on this e mail message. Believe me, I know how sick and tired of writing comment letters a person can get. It's not a pleasant task to be asking all of you to take a moment and send another one. I want you all to know that I would not ask, if it were not so very important. This last fall, the Southern Utah Wilderness Alliance threatened to stop the Rocky Mountain ATV Jamboree (RMATVJ) with a lawsuit unless certain demands were met. The Forest Service (FS) negotiated a "settlement" to avoid the lawsuit and save the Jamboree. This sweetheart deal, negotiated behind closed doors without the knowledge of Jamboree organizers, required the FS to complete a full NEPA analysis for the 2001 Jamboree. The NEPA process gives the likes of SUWA endless protest and appeal opportunities. Their threats of lawsuits showed their intentions, now they are laying the groundwork, with a barrage of letters to the FS against the Jamboree.
Those of you who are just sick and tired of ACTION ALERT after ACTION ALERT might be wondering if a bunch of letters can stop SUWA’s lawyers. The answer is yes. They can!
READ THIS:
Recently, the Utah WAGS were dealt a stunning blow when, after six days of hearings, district judge Dale A. Kimball on Friday December 22, 2000, DENIED a preliminary motion by SUWA to ban vehicle use in nine popular recreation areas managed by the Bureau of Land Management. But the decision went a step further by also GRANTING USA-ALL and BlueRibbon’s motion to dismiss SUWA’s claims regarding these nine areas.
See Deseret News article at: http://deseretnews.com/dn/view/0,1249,245010373,00.html
See S.L. Tribune article at: http://www.sltrib.com/2000/dec/12292000/utah/57960.htm
Public comments received on travel plans in areas the WAGS tried to close were used to prove historic and traditional use and spoke to the value that a large portion of public land visitors derive from VARA activities. The lesson learned was clear;your letters serve as a foundation on which to challenge unfair closures.
Friends, we need to build that foundation for the Jamboree. This ACTION ALERT contains a short analysis of the process and some comment suggestions that will help you write a quick and effective letter. For years, the Jamboree served all VARA people as a model for cooperative efforts between local governments, state
agencies and federal land managers. It's now time to give back to the Jamboree. I'm absolutely confident, that if you take just a minute to read the Situation info you will agree that the Paiute Trail deserves a letter from each and every one of us.
I also want all of you to know that everyone at USA-ALL appreciates the efforts of all VARA families who get involved protecting public land access: Our recent victory in court proves that your efforts, your letters and your membership really do matter. Thank you.
Sincerely,
Brian Hawthorne
Utah Shared Access Alliance
***ACTION ALERT***
* The roads and trails used by the Rocky Mountain ATV Jamboree, known as the Paiute ATV Trail System, are the subject of a NEPA planning process.
* Public comments letters are needed immediately.
*A brief analysis of the situation and a letter template follows.
Letters received before January 22 will be most effective.
Situation:
Rocky Mountain ATV Jamboree came under attack last fall when several of Utah’s most notorious Wilderness Advocacy Groups threatened to sue the Forest Service, to stop the Jamboree, unless certain demands were met. With typical media hype, Utah’s WAGS came out in force, calling the Forest Services plans to permit the Jamboree a "flagrant violation of the law" and demanded the Forest Supervisor remand the original July 20 approval.
The news that the Fishlake National Forest supervisor had finally signed the special use permit authorizing the Jamboree was met with a huge sigh of relief by all of us. The letter was signed on September 12, just 6 days from when the first ride was scheduled.
What you and I, the town of Richfield and Jamboree organizers did not know was that the WAGS had been negotiating a binding settlement with F.S. officials, behind closed doors and without the knowledge of Jamboree organizers. The settlement, signed by the Forest Supervisor, allowed the Jamboree to continue at least for last year.
Quoted in a Salt Lake Tribune story, the staff attorney for the WAGS called it a "reasonable accommodation" and alleged that the Jamboree has received special treatment from the forest services "good-ol’-boy-network". Documents received as a result of a Freedom of Information Act request issued by USA-ALL revealed that the settlement was more a result of heavy-handed tactics than accommodation.
With just days before the first ride was scheduled, and folks from all over the country arriving in Richfield, the pressure to cave into WAG demands was intense. WAG attorneys took advantage of the situation and demanded that the settlement agreement require the F.S. to prepare an Environmental Assessment or an
Environmental Impact Statement for the 2001 Jamboree. This gives WAG attorneys endless appeal opportunities and options for legal challenges to future Jamborees. The Fishlake National Forest and the Bureau of Land Management with cooperation from the Dixie NF, the Manti-LaSal NF, and the Fillmore BLM Field Office have begun a planning process. The purpose is to identify "certain existing roads and trails
as suitable for use by the Rocky Mountain ATV jamboree and the Fillmore ATV Jamboree." This is the official start of the mandated NEPA analysis the WAGS demanded.
During this part of the process, the agencies will usually define Goals, Objectives and Issues. Since this action resulted from the threat of a lawsuit, the goals and objectives are well defined. The focus will be on the study and analysis of Issues, as identified by the FS.
The FS has asked for public comments and concerns about the proposal as well as comments on 7 preliminary issues. Also, the FS asks the public provide additional issues. The planning team will incorporate input from the public comments to further define significant issues as well as refine the scope of the analysis.
COMMENT SUGGESTIONS:
(General Comments)
The FS has recognized that there is a need to provide opportunities for organized, motorized wheeled-vehicle events on roads and trails that are specifically suited for such use. Your letter should confirm this. If you have ever participated in a Jamboree let them know. Tell them how valuable these organized events are to you
and your family.
*Suggest that the socio-economic benefits of organized events be an issue.
*Organized events bring millions of dollars into local rural economies already suffering the loss of resource related jobs.
* Organized events have an important role to play in educating forest visitors in proper OHV ethics.
* Organized events provide needed volunteer efforts, as well as funds for trail maintenance.
Let them know if you are concerned about the unfair influence that Wilderness Advocacy Groups have over public land management. Event organizers and the FS have had a productive relationship that benefited many forest visitors and helped to maintain trails. They should not be punished for this productive relationship
because of a wealthy special interest.
(Comments on Issues)
There are 7 issues identified by the FS. Each merits a comment or two. Feel free to use the comment suggestions if you want.
Issue 1. Some existing designated trails pass through inventory roadless areas and wilderness study areas. Although off-road vehicle use on designated trails is consistent with the roadless area guidelines, larger organized events could temporarily conflict with the roadless character of some roadless areas.
Suggested Comments:
The FS must analyze the effects of organized events only in the context of maintaining conditions consistent with the roadless criteria used to inventory the area. The analysis must not be preoccupied with what can be presently observed on the ground at a point in time, while ignoring the legally relevant issue of whether
the roadless character of the inventory area would been significantly affected. Regardless of the temporary conflicts with the roadless character, organized events producing temporary (and minor impacts) do not significantly alter on-the-ground conditions and would not significantly impair roadless character.
Recommendation:
The Planning Teams analysis of Issue 1 should only assess impacts that would significantly affect the roadless character.
Issue 2. Some of the existing trails include water crossings. Repeated crossing by large groups could temporarily reduce water quality, disturb sensitive riparian habitat, impact fish habitat, or effect downstream use.
Suggested Comments:
It might be "intuitive" to limit organized events because "repeated crossings could" temporarily impact water quality and fish habitat, however, limiting organized events may actually have a negative effect on these important issues. Funds generated by organized events go directly to maintaining the roads and trails. Countless trail improvements designed to reduce sedimentation and improve water quality have been completed as a direct result of the involvement of organizers, participants and funds from organized events. Additionally, proper OHV ethics are taught to participants, contributing to an awareness and concern for
protecting the natural environment.
Recommendation: The FS should analyze how various mitigation efforts can improve specific water crossings and leverage the volunteer labors and funds from organized events to address any identified negative impact.
Issue 3. Multiple passes of ATV’s on trail segments can result in increased trail wear. This increased wear could contribute to erosion or result in excessive trail wear.
Suggested Comments:
This issue is inappropriate. Erosion is a function of many complicated, interrelated and dynamic factors. Organized motorized events play a miniscule role in this equation. (You might want to note that ATV’s operate with very low tire pressure.) Organized events can improve trail conditions. Trail maintenance
performed as a result of funds raised, or volunteer efforts from organized events, have improved and continue to improve trail conditions.
Recommendation: The FS should significantly revise this issue to reflect and include the many other dynamic factors associated with erosion, sedimentation ect. Issue 4. Some species of wildlife are particularly sensitive to disturbance. Large groups of motorized vehicles passing through certain wildlife habitat could result
in a disturbance to wildlife sufficient to disrupt critical feeding or breeding activities.
Suggested Comments:
This issue is subjective. All human activity, especially hiking with unrestrained dogs, could disturb wildlife. Wildlife is very adaptive. Any decision should be based on accurate information. There is substantial evidence that motorized travel along existing roads and trails causes a significantly smaller disturbance to
wildlife than other recreational users. The same roads and trails receive much more volume and constant travel in hunting season.
Issue 5. Larger organized ATV events could produce conflicts with other forest users. Of special concern are hunters, trail users not associated with the event, grazing permit holders, and other contractual users.
Suggested Comments:
This is a management problem, not a designation problem. Organized events are normally scheduled when conflicts are rare. Proper notification, and public information is the key. Restrictive travel designations do nothing to address this issue.
Issue 6. The area of the proposed action contains many artifacts of cultural and historic significance. Large group activities could increase the awareness of such artifacts and place those artifacts at greater risk of damage.
Suggested Comments:
The Planning Team should focus on the analysis of direct impacts to cultural and historic significance posed by the organized events themselves. Analysis, or consideration of any activities or impacts not directly associated with permitted organized events is outside the scope of the analysis.
Issue 7. Passage of large number of ATV’s could increase dust and air pollution. This could result in a temporary degradation of air quality.
Suggested Comments:
Dust is a common occurrence in any activity on the forest. Even equestrian travel produces dust. Any degradation of air quality is extremely temporary. Dust particles are generally larger than 10 micons and are not a serious health hazard.Particles of this size settle quickly.
***LETTER TEMPLATE***
Forest Supervisor
Fishlake National Forest
Attn: Roads and Trails for ATV Events
115 East 900 North
Richfield, UT 84701
Dear Planning Team:
I would like to comment on the proposal to identify roads and trails as suitable for organized events.
Include a short paragraph telling them who you are and why OHV recreation is important to you. Now add the importance of organized events to you and your family. Tell them how important organized events are in educating users in "tread lightly" ethics. Make the point that there is a definite, well-documented need
trail systems approved for organized events. Now comment on the issues (see above)
EXAMPLE:
"Regarding Issue 1: I believe that organized events should be allowed in roadless areas. Organized events affect these areas in a temporary and minor way. Organized events do not significantly alter the "roadless character" of these areas. I recommend the Planning Teams analysis of Issue 1 should focus only on assessing impacts that would significantly affect the roadless character." (do the same for other issues too)
Thank you for the opportunity to comment on this issue, which is so very important to my family. Please keep me informed of all planning activities related to this proposal.
Your Signature (required)
Your Name (so they can read it)
Address (required)