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The New York State Off-Highway Recreational Vehicle Association     [Back]

February 15, 2006

NYSORVA Testifies in Front of NYS Senate/Assembly Joint Legislative Hearing on the ATV Trail Fund Proposal in the 2006-2007 Executive Budget Proposal

On Wednesday, February 1^st, NYSORVA Legislative Director Alex Ernst presented testimony on behalf of the 1.9 million (or 13.1%) of New York citizens 16 and over who pursue wheeled-OHV recreation in support of the Governor’s proposal to establish an ATV Trail Fund Program.

Although last year’s budget included an ATV registration fee increase from $10 to $25, with a dedication of the increase to a Fund set apart for an ATV Program, the end of the regular session saw yet another year without necessary legislative action to enact a true ATV Program.  The ATV community originally agreed to accept an increased registration fee as a compromise to the proposed $45/yr increase in the Executive Budget proposal with the understanding that this money would be used to establish a true ATV Trail Fund and Program.

The Executive Budget proposal put forth by Governor Pataki this year offers NYSORVA and ATV enthusiasts statewide a new hope.  The proposal directs the DEC to develop and implement a program of state assistance payments for municipalities and not-for-profit all terrain vehicle associations for:

- all terrain vehicle safety, education, and training;

- the development and maintenance of all terrain vehicle roads and trails which are open to the general public, and;

- the lease and purchase of land and facilities for the development of all terrain vehicle roads and trails to be open to the general public.

These are all positive steps towards the ultimate goal of establishing a formal and legitimate statewide trail system based on user registration fees and we appreciate the Governor’s recognition of this worthwhile endeavor.  Accordingly, we are working with a professional lobbying firm to urge both houses of the Legislature to follow the Governor’s lead in this respect and to work to ensure that the final budget document includes provisions for the establishment of a satisfactory trail system.

While we are encouraged by the inclusion of these provisions into the proposal, we do, however, have concerns regarding some of the policy provisions included in the proposal.  Notably objectionable to us is a provision to restrict DEC’s power to authorize public ATV access on state-owned lands (as opposed to conservation easements) only in the pursuit of “traditional recreational programs” provided to the public by the department, such as hunting, fishing, trapping, camping or wildlife observation.

NYSORVA strongly believes in the UMP process as the most appropriate and environmentally sound process for determining ATV access on state lands under the department’s jurisdiction and strongly objects to circumventing this important process with this language.  Accordingly, we are working with the Legislature and the Governor to ensure that ATV operation continues to be recognized as a legitimate activity in New York state.

The successful creation of a true Trail Fund, and the funding of a DEC ATV Program, will finally recognize the 1.9 million New Yorkers that comprise the ATV community as a legitimate recreational group.  Moreover, a true ATV Program will facilitate safe, legal and environmentally conscious recreation, reduce trespass, and increase rider safety.

NYSORVA is committed to continuing its work on behalf of the OHV user community towards achieving these goals and will be looking to you and the rider community as a whole to help us to enact this program.

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The New York State Off-Highway Recreational Vehicle Association (NYSORVA) is New York’s statewide advocacy group focused on issues that affect the off-highway motorcycle and ATV user community, such as land-use issues and legislation. NYSORVA is recognized for its relevance by national organizations such as the American Motorcyclists Assn. (AMA), National Off-Highway Vehicle Conservation Council (NOHVCC), The Blue Ribbon Coalition (BRC), and the Motorcycle Industry Council (MIC). NYSORVA is the organization designated by a Memorandum of Understanding (MoU) with the Dept. of Environmental Conservation (DEC) as the state's conduit for communication with the wheeled off-highway vehicle (OHV) user community. This community of recreationists is estimated by the US Forest Service to include 1.9 million enthusiasts in the state of New York alone, the third largest of such groups in the entire nation.

NYSORVA's mission is to work with all interested parties for increased safe and environmentally conscious OHV recreational opportunities on both public and private lands in NY State.  NYSORVA is a nonprofit corporation that endorses safe and environmentally conscious riding on legally registered and insured machines, and has adopted “tread lightly” practices.

NYSORVA’s primary goal is to facilitate development and maintenance of legal and sustainable riding trails and areas in New York state for the sizeable constituency that engages in this activity. NYSORVA believes the lack of legal riding areas in the state of New York directly contributes to the problem of unmanaged riding on the private property and farmland of landowners in rural communities.  We continue to hope that the passage of a true Trail Program will change this situation and enable an environmentally sensitive trails network to be developed by utilizing riders’ registration fees already being collected.