NYSORVA News for 10/20/99
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This e-mail newsletter is distributed by:
New York State Off-Highway Recreational Vehicle Assn., Inc.
PO Box 338
Ravena, NY 12143-0338
Please copy and distribute to all interested parties. Your participation affects the quality of this newsletter: Please submit your pertinent material for inclusion in subsequent issues.
Editor: Alex Ernst, Alex@nysorva.org
Our Official Homepage is located at http://www.nysorva.org
An index of past newsletter issues is available at http://www.nysorva.org/news/newslist.htm
To request an addition to or removal from the list, e-mail Alex@nysorva.org listing name and e-mail address.
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SUBJECTS FOR THIS NEWSLETTER ARE:
1: Nine Mile: UMP Public Input Needed
2: Nine Mile: Meeting Report
3: Pro-OHV Counterpoint
4: NRTF Trails Grant Fund Increased for 2000
5: AMA: Massive Federal Land Closure Possible
6: New ATV TV Show
7: New NYTRO Chapter Opening in Southern Tier
8: New ATV Club in Eastern New York
9: Wayne County Trail Planning Meetings Announced
10: NYSORVA President Receives National Award
11: BRC: Roadless Area Policy Alert
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1) NINE MILE UMP INPUT NEEDED
The Nine Mile Forest Unit located in DEC Region 9 is under review for a 20-year management plan that could potentially include OHV access. For this to occur, interested parties should write the plan manager. A public hearing on the matter is already passed.
Included with the September 17 DEC memo circulated regarding this UMP is a document highlighting objectives and suggestions for the new plan. Of note was the suggestion of "improved vehicular access," "increase number and length of trails designated for specific recreational uses, such as… ATV trails, etc."
In order for the planner’s objectives to be met, the public must comment in majority with affirmative support for a proposed activity. Therefore if trails for ATVs and trail bikes are to be included in the plan, it will take your input during the comment period to make it happen. Express your support for proposed trails and explain briefly to the planners why you want them for your mode of recreation in the Nine Mile Unit.
The public hearing was scheduled for October 13, 1999, was attended by members of NYTRO and other OHV enthusiasts, and is described in the next article.
A copy of the UMP document can be e-mailed to you for your review prior to comment. For a Word97 version, send a request to aernst@albany.net; or for Word Perfect send a request to rwmessen@gw.dec.state.ny.us.
Direct written comments to:
Nine Mile Unit Management Plan
NYS DEC
Division of Lands and Forests
128 South Street
Olean, NY 14760
Additionally, if you are interested in helping develop trails in this unit or others in the region, please contact plan manager Robert Messenger at 716-372-0645 to start a dialog. DEC is strapped for funding, so any volunteer help will be gladly accepted and will make the prospect of OHV trails more likely on DEC lands. In other words, if no help from the user community is offered for developing trials, DEC will be more likely to leave OHV trails out of any proposed plan.
If OHV trails are omitted from the plan, it will likely be 10-20 years before they can be proposed again for this unit.
2) NINE MILE UMP MEETING REPORT
By Al MacKenzie
October 13th was the date for the last in a series of planning session meetings for the Nine Mile Unit Management Plan. This plan is to be written as a 20 year plan with revisions to be made at 10 year intervals.
It was of utmost importance that a strong ATV presence attended and gave input at this meeting. Many NYTRO members were in attendance to give their views on the plan. Al MacKenzie (NYTRO and NYSORVA President) gave his support from NYSORVA, and from the national standpoint as the state’s partner, using NOHVCC’s vast informational database and fields of expertise. Dale Wagatha (former editor of Eastern ATV Rider Magazine and NYTRO WNY member); Matt Ryder (NYTRO Central member); Dave Borkowski (NYTRO WNY member) were also there to give their viewpoint about the construction of ATV trails on the Nine Mile Tract.
Many local landowners were there to voice their disapproval of the trails on this property. Some presented pertinent questions regarding trail use, signage, insurance, right-of-way, trespassing, enforcement, etc. The DEC representatives on hand did a great job of dispelling myths of ATV use. Rob Messenger, DEC Senior Forester in charge of the Nine Mile Plan gave in-depth answers to most of the questions posed. Some could not be answered at that time but were noted to be addressed at a later date.
NYTRO members presented themselves in a very professional manner and were received well by all present. No confrontational exchanges were made. In fact, a better understanding of our sport was achieved and many of the landowners went away with their concerns not only addressed but answered. It is by no means a "done deal," but there has been a step forward taken in the process of getting trails on the ground in the southern tier.
This shows you the importance of not only of attending meetings, but demonstrates that proper presentation and knowledge of your position is key to a successful outcome. Thanks to all who attended
3) PRO-OHV COUNTERPOINT
After reading the umpteenth mis-informative editorial in my local newspaper regarding OHV issues, my indignation became distilled enough to present the following to the paper in response. I encourage you to do similarly since your local paper probably also misrepresents the facts on our pastime on a regular basis.
Excerpt as follows:
Over time, and especially recently with the current matter regarding Adirondack Forest Preserve land classification, ATV and trail motorcycle (OHM) riders have received an unfair amount of criticism and misinformation in the pages of this journal and elsewhere in public forum. I'd like to start to set the record straight with some facts and counterpoint to the most common complaints about a sport and recreational pastime that over a quarter million New Yorkers enjoy.
"ATVs are loud, tear up the trails, and go too fast."
If a tree falls in the forest and no one was there to hear it, did it make a sound? To wit: The vast majority of ORV enthusiasts go unnoticed and bother no one because they keep their machines quiet, ride at reasonable speed, accommodate other trail users, and stay in areas where others will not be annoyed by the activity. In popular discourse, the whole user group bears the brunt of the few selfish riders who neglect these common courtesies. All car drivers are not condemned due to DWI and aggressive driving offenders, so why should all ATVers receive blanket indignation? Riders who behave poorly should certainly bear the responsibility of their actions, however the user group in general should not be diminished in its legitimacy for such.
"ATVs should not be allowed on public lands."
The rhetoric of late surrounding public land issues, spoken by representatives of passive-use groups, includes such comments as, "ATVs are already allowed in much of the Adirondacks" and therefore should be prevented from gaining any access. This is simply untrue. There is only one forest unit in the entire Forest Preserve (FP) where the general public may operate ATVs legally, and then only on 40 miles of truck roads-- they may not be operated off these routes. At a generous 8 feet wide (an ATV needs less than four), this would account for less than 40 acres of total access out of the 2.7 million acres under state authority in the FP. Furthermore, only one State Reforestation area with 50 miles of legal ATV trail exists anywhere else in the state outside the FP. All told statewide, riders may operate ATVs and trail bike on less than 100 miles of road or trail on state controlled public lands. Contrast this to the over 10,000 miles of hiking trail and 1,200 miles of snowmobile trail on public lands, and clearly ATV riders do not have the run of the FP nor public lands in general.
But should ATVs have any access at all to public lands? I say yes, as we are equal citizens to other user groups and pay our fair share of taxes and fees. The Department of Environmental Conservation concurs that locating ATV trails on public land is an appropriate response by the state to the needs of the OHV-riding public. A 1993 DEC position paper stated "It is the position of [DEC] that ATV trails can be established, maintained and used with no irreversible environmental damage provided that the design and use conform to the stipulations listed [in the position paper]. We recommend that trails be established, where feasible, on State Reforestation Areas to provide a recreational opportunity to a sizable constituency which has expressed the need for a place to ride ATVs."
"ATV registration funds ATV trails."
This statement comes from both sides of the OHV issue. Contrary to popular belief, the fees collected by DMV for the legally-required ATV registration do NOT go into a fund for ATV trails. There was a fund created in 1986 when ATV registration was first mandated, but in the 1992 budget it was rescinded and the one-half million dollars accumulated in it was diverted to the general fund. This money has never been recovered for use in developing trails, but the state still collects the full fee to this day. As of May 1999, DMV collected over $480,000 for the year's registration fees to the credit of the general fund.
"There should be no ATV trail fund."
New York State Legislative Bills A1060 and S632B both propose to re-establish a dedicated ATV trail development and maintenance fund under dual custody of the State Comptroller and the Office of Parks, Recreation and Historic Preservation. Many of the things that reflect negatively on ATV activity could be diminished, while much needed riding opportunities could be increased, if there was a funding source to help develop an environmentally sound and well spread-out State ATV trail system. But in the absence of a dedicated funding source, and the lack of authoritative acceptance of ORV activity, the problems associated with the fast-growing pastime will only continue. An effective trail fund is just one of the steps in a proactive governmental response to the legitimacy of the sport.
The model for the proposed ATV trail fund is New York's snowmobile registration trail fund, which has been successful for ten years and currently supports 8,000 miles of trail, 15% on public and 85% on private land.
Of course, many other complicated issues are connected to the discourse on OHV activity, such as economy, tourism, quality-of-life, and environment. I hope that in writing this I have been able to clarify a small but important set of sub-issues.
4) NRTF GRANT FUND INCREASES FOR 2000
The National Recreational Trails Fund program, a subpart of the "Transportation Equity Act for the 21st Century," provides funding in block grants to states derived from the federal gas tax. Each state receives a block grant based on estimated recreational usage of fuel sales. In turn, the money is distributed by each state in 80% matching grants to groups and agencies for public access recreational trails projects. 30% of this money is made available to motorized-only projects (such as ATV or snowmobile trials and facilities), 40% to combined multi-use (motor plus non-motor), and the remaining 30% may be granted for nonmotorized-use-only trail projects.
Aside from snowmobile trail funding, to date no significant motorized trail funding grants have been authorized for projects in New York under the NRTF program, mainly because few if any applications have been submitted since the inception of the program. We are hoping that with the heightening interest in ATV trail access in OHV hotbed counties such as St. Lawrence and Franklin, that local clubs or county agencies will take the initiative to conceive projects and apply for grants to complete them (in the absence of a proposed state-level ATV trail fund). It is a shame to let the available pot of cash go unused for ATV trails as it has since 1994 when the program began.
In New York, the agency charged with administering the NRTF grant program is the Office of Parks, Recreation and Historical Preservation (OPRHP). To obtain grant applications and information, call Robert Reinhardt, Planning Division Director, at (518) 474-0415.
This from Stuart Macdonald, Chair, National Association of State Trail Administrators:
"Federal funding for trails through the Recreational Trails Program is allocated each year to every state. The funds have increased again for the year 2000 to $50 million and will remain at this level through 2003. The Federal Highway Administration provided $40 million in formula apportionments to the States for FY 1999. This is more than double the funding received in 1996 and 97, and one-third more than the 1998 dollars. Some adjustments to the apportionments to the States was made for 2000 as a result of a recent recreational fuel use study done by the Oak Ridge National Laboratory.
"These funds are administered in the form of trail grant programs by state parks agencies in most cases. To see how much your state received, go to the American Trails website at [http://www.americantrails.org/ (updated 2/01)] click on "America's Trails State by State," select your state, and click on the Recreational Trails Program news item at the top of the page."
Per above, a direct link to this page is http://www.americantrails.org/resources/feds/RTP00stateAlloc.html, which lists NY State total for 2000 as $1,319,616.00. In comparison, 1999 funding was on the order of $900,000.
See also http://www.fhwa.dot.gov/hep10/rec/rtbro.html for a concise explanation of the Recreational Trails funding program.
5) MASSIVE FEDERAL LAND CLOSURE POSSIBLE
[See also related item 11: BRC: ROADLESS AREA POLICY ALERT.]
This come to us from the American Motorcyclist Association's Bill Kresnak, Phone: (614) 856-1900, Fax: (614) 856-1920. Oct. 7, 1999
CLINTON CONSIDERING MASSIVE LAND CLOSURE
PICKERINGTON, Ohio -- America's off-highway motorcyclists may be facing the largest land closure in history, covering some 40 million acres within the national forest system, reports the American Motorcyclist Association (AMA).
News accounts indicate that President Clinton is on the verge of announcing a massive plan to ban a variety of legal activities on an area of federally controlled lands equal in size to Virginia and West Virginia combined. The closure would be imposed through an executive order, bypassing the federal Wilderness Act that requires a congressional vote to eliminate off-highway motorized recreation.
The scope of the proposal is clear from the numbers. Since the Wilderness Act was passed 35 years ago, 100 million acres of land have been approved for wilderness designation, which bans all commercial activities and all motorized recreation. Reports published this week indicate that with this executive order, the Clinton administration plans to add 40 million acres, mostly in Western states, to the wild lands category, which is a notch down from wilderness protection.
The details of the Clinton plan, which could be unveiled as early as next week, haven't been revealed, so it's impossible to know exactly how much land would be affected and which activities would be banned. However, sources in the environmental movement have indicated they are hoping to target off-highway recreation with the proposal.
"We are waiting to see exactly what, if anything, the administration announces," said Robert Rasor, executive vice president of the AMA. "If the reports are true, this executive order would represent a total repudiation of the Wilderness Act.
"In the past," Rasor continued, "the merits of any wilderness legislation had to be publicly debated, with all sides getting a chance to make their case. We don't believe circumventing that process through an executive order constitutes managing these lands in the public interest."
The Clinton plan could be as threatening to off-highway enthusiasts as an executive order issued by President Nixon in 1972 and one proposed by President Carter in the late '70s.
The Nixon order was the first to call for "control and direction" of off-highway vehicle use on public lands. Environmentalists wanted to use that proposal to ban all motorized recreation while studies were done to determine whether off-highway vehicles were causing damage. Eventually, Nixon agreed to leave the lands open.
Carter proposed an executive order that would have closed all public lands to motorized recreation without public comment. But an outcry from AMA members forced a change in the proposal.
Reports have indicated that Clinton is expected to be unveil his proposal Wednesday, October 13, during a presidential visit to the George Washington National Forest in Virginia.
[The American Motorcyclist Association is a 235,000-member non-profit organization. Established in 1924, the Association's purpose is to pursue, protect and promote the interests of motorcyclists, while serving the needs of its members. For more information, visit the AMA website at http://www.ama-cycle.org.]
6) NEW ATV TV SHOW
NEWS RELEASE
Contact: Jake Hartwick (800) 770-5750
The Outdoor Channel Adds "ATV Television" to Off-Road Line-Up
TEMECULA, CA: Management of The Outdoor Channel, Inc. announced the acquisition of the exclusive national broadcast rights to ATV Television beginning in January, 2000. The program is produced and hosted by Doug Meyer, West Coast Editor of ATV Magazine and ATV Sport Magazine.
"We are very pleased to add ATV Television to our growing list of off-road programs," said Wade Sherman, Vice President of The Outdoor Channel. "It's just one more reason why The Outdoor Channel continues to lead the pack in programming for the traditional outdoorsman."
The weekly program will cover ATV tests, long-term evaluations, new product reviews, technical features, and project ATV's. Each episode of the show will be highlighted by a series called 'Back Road Adventures', where the viewer can ride along on ATV adventures such as camping on the beautiful Paiute Trail, pounding and banging up the incredible Sledgehammer/Jackhammer Trails, climbing the slickrock of Moab, winching up the waterfalls of Surprise Canyon, and even looking for bear in the Canadian Rockies. Although primarily focused on the recreational adventurer, ATV Television will air several specials covering the sport market with episodes on sand dunes, racing highlights, and special projects. "I'm proud to have ATV Television join the growing family of off-road recreation programs on The Outdoor Channel," said Doug Meyer. "Not only will the outdoorsman and ATV enthusiast get some great information and entertainment, but we'll keep him informed on the latest issues affecting the sport." ATV Television will air Saturday at 3:00 PM, Monday at 5:00 PM, and Thursday at 9:30 PM. All times are EST.
The Outdoor Channel is available to all cable systems nationwide and can also be received unscrambled via C-band satellite, Galaxy 9, Tr. 1. Individuals who don't receive the network are encouraged to call their local cable company and request it. The Outdoor Channel is also available via digital satellite on DISH Network, the fastest growing and most advanced of the digital satellite services. Information on DISH Network and the location of local retailer is available by calling 1-800-333-DISH or by visiting the DISH Network website, http://www.dishnetwork.com.
For more information about The Outdoor Channel, contact Jake Hartwick, Executive Vice President, 43445 Business Park Drive, Ste. 103, Temecula, CA 92590. Phone (800) 770-5750. Internet website: http://www.outdoorchannel.com. E-mail: jake@outdoorchannel.com
7) NEW NYTRO CHAPTER OPENING IN SOUTHER TIER
This Sunday, October 24, 1999, 1:00pm, the NYS Trail Riders Organization, Inc. (NYTRO) is opening a new NYTRO chapter with an inaugural meeting in Elmira. The meeting will be held at SOUTHER TIER HONDA at 1pm. NYTRO Pres. Al MacKenzie will be there with hopefully a full house of new prospective members. Anyone wanting to join is welcome to attend.
Directions to meeting:
Take Rt. 17E to Rt. 14N
Go about 11mi or so and you will see Southern Tier Honda on your left.
It is a blue building, and you can't miss it. It is right before Montour Falls.
You can also get directions to this dealership from Honda’s website by linking to http://honda.vicinity.com/hondam2000/geoprx.hm?AD2=&AD3=14904.
(base URL: http://www.hondamotorcycle.com/locator/)
Learn more about NYTRO, Inc. at http://members.aol.com/nytroatv/chainsaw.html
.
8) NEW ATV CLUB
NYSORVA commends Paul Davis and his associates for starting a new ATV club in a county that was without one and certainly in need of one.
The new club is located in Schoharie County, the next county over from Albany County:
Spring Valley Trail Blazers
RD 2 Box 575
Sharon Springs, New York 13459
Contact phone: 518-284-2335
E-mail: raceme@telenet.net
President - Paul C. Davis
Vice President - Bill Crofts
Treasurer/Secretary - Michelle Becker, Colleen Crofts
Safety Enforcer -Charlie Delorme
We wish the best of luck and fun in the club’s endeavors and look forward to working with its member toward the betterment of our pastime.
9) WAYNE COUNTY TRAIL PLANNING MEETINGS ANNOUNCED
This comes to us from Jill Marshall of the Wayne County Planning Department, (315) 946-5919. Please help trail planner move forward to incorporate OHV trails in their plans, by attending one of three meetings.
M E M 0
To: Community Organizations From: Jill Marshall, Planner
Subject: Wayne County Trail Plan
Date: 10/13/99
Your participation is requested at the Wayne County Trail Plan meetings:
November 10, 7pm, Macedon Town Hall Complex, 30 Main Street, Macedon
November 16, 7pm, Sodus Town Hall, downstairs courtroom, 14-16 Mill Street, Sodus
November 18, 7pm, Palace Theatre, 61 Main Street, Wolcott
The Wayne County Planning Department requests your help as it begins to develop a Countywide Trail Plan. There will be three public meetings. At each, a team of consultants will give a short slide presentation and then take comments. The information gathered at the meetings will be used to develop a County Trail Plan. The Plan will be a blueprint for future trail development efforts.
Public participation in the development of the Trail Plan is critical to both the Plan's content and its success. Please join us at one of the meetings and impact the future of Wayne County's trails. For more information call Jill Marshall at the Wayne County Planning Department at (315) 946-5919.
10) NYSORVA PRESIDENT RECEIVES NATIONAL AWARD
Upon returning from the fall conference of the National Off Highway Vehicle Conservation Council (NOHVCC), NYSORVA President, Al MacKenzie, had something new to display on his mantle. It was the Award of Excellence, for grassroots efforts to promote the positive image of off road vehicle use.
This award, presented by NOHVCC Executive Director Russ Ehnes, is meant to express the gratitude of the NOHVCC to its representatives around the country who not only devote themselves to the positive side of our sport, but go that "extra mile" to make things happen. "Al never ceases to amaze me in many ways..." stated Russ, "and this award shows our gratitude for all that he HAS done."
At the conference, Al was also officially designated as the New York Partner to the NOHVCC. NYSORVA Communications Director, Alex Ernst was named as the alternate delegate. Al has held the position of alternate partner for the last 4 years.
Information about NOHVCC can be gleaned from their web site: http://www/nohvcc.org.
11) BRC: ROADLESS AREA POLICY ALERT
The following Alert with importance to our access to National Forests was sent to us by Clark Collins (by way of NOHVCC), Executive Director of the Blue Ribbon Coalition:
URGENT ALERT
The BlueRibbon Coalition just received word that Chief Dombeck is [was]
expected to announce his new travel management policy next Wednesday, October
13th. U.S. Senator Larry Craig is seeking Congressional co-signers for the
following letter to head off the possibility of a "Closed Unless Posted
Open" policy.
Everyone interested in protecting access to Forest Service land should immediately call both your Senators and your
Representative - Congressional switchboard #(202) 224-3121 - and ask them to please co-sign Senator Larry Craig's "US Forest Service Access Protection" letter. If your Senators or Representative need additional information "they" should call Senator Craig's office at (202) 224-2752 and ask for Dan Whiting. If you use e-mail to communicate with your legislators, please also phone them as well.
This should all be self explanatory, but if "you" need additional information, please call the BlueRibbon Coalition office at (208) 233-6570.
The time is short, do not delay. Please make your calls right away and distribute this notice to your networks.
SAMPLE LETTER:
Mike Dombeck
Chief, USDA Forest Service
Auditors Building
Washington, DC 20250
Dear Chief Dombeck:
We are writing to you today to reiterate our concerns about the philosophy
which governs public travel on public lands.
As you very well know, the Forest Service governs nearly 200 million acres of land in the United States. We recognize the value those lands hold for natural resources, such as timber, minerals, and oil, and no one can deny the opportunity they hold for recreation. Since the lands are in the public domain, individual costs are minimal and the lands are generally open for all to use without discrimination.
Now we are seeing a fundamental shift into how our lands are managed for people's access. Historically, in the United States, we have allowed the public to travel on lands in the public domain unless it is specifically prohibited. This is exactly the way it should be -- travel with reasonable restrictions where a need is demonstrated. However, we are seeing a trend in management policy, specifically in the Forest Service, toward keeping our public lands closed unless posted open. While the Forest Service might like this step backward to feudal European policies, it is completely unacceptable to us and those who use our public lands.
To say that the public cannot access their land unless the federal government gives them permission is in fundamental opposition to the freedoms on which our country was founded. Consequently, we are writing to assure you that we are willing to work with you to find ways to balance public access with protection of our environmental resources and that any attempt by the Forest Service to continue to lock our constituents off the land they own will be fought vigorously.
We cannot stand by idly and watch our constituents lose the right to travel on the land they own. We have concerns that you will be incorporating a similar policy into your soon-to-be-released transportation policy. We want to meet with you regarding our concerns before the draft transportation plan is released and hope to hear from you soon.
Sincerely,
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