NYSORVA News for 12/29/99

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This e-mail newsletter is distributed by:
New York State Off-Highway Recreational Vehicle Assn., Inc.
PO Box 305
Ravena, NY 12143-0305

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, aernst@albany.net
- 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 aernst@albany.net listing name and e-mail address.

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SUBJECTS FOR THIS NEWSLETTER ARE:

1: Editor's Notes
2: Trail Funding Legislation Update
3: OHV Recreation Survey Update
4: Lewis County- Resolution Adopted, Roads Opened
5: 1999 In Review/2000 Goals
6: A Call for Membership Renewal
7: Federal Land Shenanigans Update
8: New Motorcycling TV Program

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1) EDITOR'S NOTES

1999 has been a hectic, productive year for the staff of NYSORVA, the real benefits of which we hope will transfer to the riders of the Empire State. Significant changes and accomplishments marked the passing months. I found our progress personally satisfying, even though we had to endure the disappointment of not achieving our main goal of passage of the ATV Trail Funding Legislation. We did lay significant groundwork necessary for a new push in 2000. And I'm happy to say that we rejuvenated the organization to further increase the momentum created under the previous administration of NYSORVA.

As the Holiday Season draws to a close, we extend our deepest appreciation to all of you whom throughout the year advocated for our sport/hobby locally, wrote letters to government and elected officials, worked directly with the state association, or supported its work with a financial contribution. It is for YOU and all NY riders that we strive for our goals. And without you we cannot achieve them.

See Item 4 of this newsletter for details of the year in review, and of our ambitions for the New Year.

In other news:

Please check out the web site for various enhancements including—

* Updated Legislation Support Area (http://www.nysorva.org/legislation/)
* A new section includes documents referring to NYS ATV law (http://www.nysorva.org/#The_Law)
* DMV's ATV Brochure is now online and is linked from the above noted section (http://www.nydmv.state.ny.us/broch/c29.htm)
* The NYS Club List is updated adding six new clubs (http://www.nysorva.org/clublist.htm, see entries with "12/99" at the end of the listing)

NYSORVA welcomes six clubs into our listings, some new, some just recently becoming known to us: NYTRO of the Southern Tier (Tioga Co.), Black River Valley 4-Wheelers Inc. (Lewis Co.), Black River Valley Riders Inc. (Jefferson Co.), Pond Effects ATV Club (Lewis Co.), 1,000 Islands Lodge ATV Club (Jefferson Co.), and Spring Valley Trail Blazers (Schoharie Co.).

Please note that NYSORVA has a new Post Office Box number 305. POB 338 will remain available to us but we want to shift the bulk of our mail to the new box. The city remains Ravena with a ZIP+4 of 12143-0305 to match the new box.

Best Regards,

Alex Ernst

Communications Director

 

2) TRAIL FUNDING LEGISLATION UPDATE

As of the end of the 1999 Legislative Session last June, ATV bills A.1060 and S.632-B had failed to make headway and would be tabled until the beginning of the 2000 Session on January 5.

The status of the individual bills is as follows: The Senate version (S.632-B) was amended twice with important changes including a fee amendment and inclusion of a statement from DMV expressing the fee-neutrality of the proposal to the state’s general fund income. The sponsor of the Assembly version (A.1060) kept the bill unamended (and therefore out-of-sync with the Senate version) contingent upon a demonstration of significant evidence and political will that constituents support a $10 dedicated fee for a trail fund.

It stands today with the new session dawning near, that the Assembly Sponsor will only amend and move his bill upon factual demonstration of the need for a trail fund. Subsequently the Senate Sponsor has indicated that he will not move his version in 2000 if the Assembly Sponsor is not fully supportive of the bill. To address this requirement, NYSORVA has commenced a research project consisting of a mass-mail OHV Recreation Survey to collect statewide statistics showing support for the theory of a trail fund and trail system. The Assembly bill Sponsor is expecting our report no later than the end of February, so we have a short timeline to make or break the chances of the legislation moving toward an actual floor vote in 2000.

See the item below for details on this important and difficult project.

 

3) OHV RECREATION SURVEY UPDATE

- - YOUR HELP IS REQUESTED IN GETTING AS MANY SURVEY RESPONCES AS POSSIBLE TO US BY EARLY-FEBRUARY! - -

As we announced in November, NYSORVA is preparing to release a survey by mail to determine statistically, support for ATV Trail Funding and Trail System development. The survey will go out in January to almost 12,000 New Yorkers identified as ATV and trial bike riders. We are now on notice from the sponsors of the ATV Trail Funding Bills A.1060/S.632, that the results of this survey will directly impact whether they will push the legislation in 2000 Legislative Session.

The results of the survey will be compiled by mid-February and presented to bill sponsors Senator Nozzolio (S.632-B) and Assemblyman Bragman (A.1060) to demonstrate support for promotion of OHV recreational activity and encourage continued attention to their bills. Results will also be shared with other politicians and state agency personnel as appropriate.

Since we also want to have the input of riders who are not on the mailing list, a final draft of the survey is available on our web site for downloading in HTML or MSWord97:
HTML http://www.nysorva.org/documents/surveydraft.htm, or
DOC http://www.nysorva.org/documents/atv_survey_word97.doc

We are asking especially the clubs to reproduce the survey in their newsletters (we will provide customized versions at your request).

Please print out copies for yourself and anyone else you know who would like to participate in this process. We are requesting that the surveys are returned by February 1 because of our timeline to produce a report by the middle of the month.

Please mail completed surveys to:

NYSORVA Survey
PO Box 305
Ravena, NY 12143-0305

As an alternative you may copy the survey into your e-mail program, edit in your responses and e-mail to aernst@albany.net. Thank you for your help in this matter.

 

4) LEWIS COUNTY MAKES RESOLUTION, OPENS ROADS

[Ed.: Amended 12/30/99, post-release]

We have received word recently that the Lewis County Legislature, in its recognition of the value of OHV activity to its communities, has adopted a resolution in support of the ATV Trail Funding Legislation A1060/S632 now being considered by the State Legislature. This makes three counties to adopt such a support resolution based on a draft provided by NYSORVA to all NY counties. Franklin and St. Lawrence were the first and second counties to resolve their support.

Further acknowledging this region's status as the OHV "Mecca" for the state, we are told that the Lewis County Legislature has opened some [not all] County Roads to ATV travel, as provided for under NYS ATV law, where routes were identified as needed to connect trail sections. The measure will have a one-year review period to see if it has any impact on public safety. Further details on this measure are still forthcoming, and we will publish them in a later newsletter.

We should recognize the efforts of those known and unknown to us for their months of effort in getting these measures passed in the County Legislature. Thanks especially to members of the Black River Four Wheeler Club, including its president Paul Kaufmann and many others for their toils. Also thanks to Gaylord Kerr of Star Lake for his efforts to help the Trail Funding Bill Resolution to be passed.

 

5) 1999 IN REVIEW/2000 GOALS

In late-January of 1999, administration of NYSORVA changed hands, and the administrative headquarters was relocated from Tioga County to Albany County where, for the purposes of interacting with Legislators and agency officials, more direct access to state government was afforded. New staff carried on the work started in the founding year of 1993 by charter president Cheryl Nelson.

By March, new staff and planning was in place. Significant support helped us to retain an excellent government-relations attorney for the furtherance of ATV-related legislation. A web site was developed in order for New York riders and clubs to have a central point of information and communication. An e-mail newsletter list was established for Internet distribution.

In April, our lobbyist wrote a significantly-revised draft of the pending ATV Trail Funding legislation designed to overcome several shortcomings of the previous drafts, and was able to have the bill sponsors amend their versions to reflect the changes.

May saw the development of a first-of-its-kind in the USA, coalition of off-road/ATV and on-road motorcycling interests. It was consummated at the May 17 ABATE Freedom Ride and Rally at the State Capitol. NYSORVA was able to get the focus of mainstream television media directed to OHV recreation issues at this event.

In June, we focussed on working with local advocates and County Legislatures. A draft resolution in support of the State ATV bills, was provided to all such Legislatures around the state. To date, three County Legislatures have adopted version of this resolution: Franklin, St. Lawrence, and most recently Lewis, demonstrating the strong interest in this region of the state for advancement of OHV activity.

July signaled the end of any productive action by the NYS Legislature, and another year that our elected state reps failed to represent our interests. It was at this time through today that we set to developing the groundwork for a new and invigorated push to get an ATV Trail Fund established by law in the 2000 Legislative Session.

All Summer NYSORVA Member Clubs participated in the Co-op 50/50 ATV Raffle program sponsored by American Honda, which was designed to support both local clubs and the state association. Receipts enabled NYSORVA to continue its communications work vital to drawing NY riders into the process of advocating for OHV recreational opportunities.

The Legislative lull of late Summer and Fall allowed us also to shift attention to other matters such as club development, state agency coordination, Unit Management Plan study, and investigation of matters such as the Adirondack Champion Land deal and proposed land use re/classification process by the APA. And many national OHV-access matters caught our attention such as the National Roadless Areas initiative and most ominous and recent, the proposed Wilderness-Designation-by-Executive-Order debacle. We also re-established our bond of cooperation with the national organization, NOHVCC, when it named NYSORVA's president and this writer, NY State Representative and Alternate Representative respectively.

The Winter Solstice finds us preparing for January 5, 2000, the beginning of the 2000 NYS Legislative Season. A mass mail research survey to statistically demonstrate interest in OHV recreational issues is nearing release, significantly underwritten by Kawasaki Motors USA. Its results are absolutely essential to the promotion of the ATV Trail Funding bills in 2000. Also, a web-based application designed to simplify riders' communication with State Legislators is nearing completion.

Throughout the year we had the pleasure of talking to, meeting, or reacquainting with many of you, sharing your burdens and your triumphs. Important relationships were developed including new contacts within the specialty vehicle industry. And the highpoint of the year for this writer was in September in Utah at a week-long ATV Jamboree where we rode and communed with other NOHVCC partners, industry folks, and fellow dedicated riders on the famous 1,300 mile Paiut Trail System. Boy, do we wish that was here in our part of the world.

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Our main goal for 2000 remains the passage, once and for all, of the ATV Trail Funding bills. This is a key piece of the puzzle to start to create a statewide infrastructure that supports OHV recreation in a proactive way. Without official acceptance of ATV/OHM activity as being legitimate, it will continue to be exasperatingly difficult to advance riding opportunities. And without a Trail Fund, no agency will be compelled to develop or designate a State ATV Trail System.

We also will place great importance on the bottom-up approach of enabling clubs, riders, and even local governments to help themselves to create legal riding opportunities at the hometown level. Clubs have demonstrated that regardless of the lack of government acknowledgment or action, they can often create satisfactory riding opportunities in their localities by working with private land owners and state land unit managers. Although this has not resulted in legal places for all New Yorkers to ride in every county, it has certainly helped in the absence of a state sanctioned trail fund or trail system.

NYSORVA will continue to encourage and facilitate participation in government by riders. With renewed access to our government-relations attorney, we will continue to have a great source of expertise and advice in working with all levels of government. The web site will continue to be enhanced as a tool for riders to interact with their elected representatives as well.

Monitoring of potential access to our Public Lands and working with DEC for such access, will remain of great importance. For example, we will know in June if riders' efforts result in tangible ATV access to some of the routes in the 110,000 acres of the Former-Champion Lands Recreational Easement, as proposed when the land deal was announced by the Governor's office. We will continue to monitor Unit Management Plans for state forest units where the potential of development of ATV trail opportunities exists, and encourage and facilitate rider participation in the public processes that are used to develop access/use plans for state reforestation areas.

Furthermore, we must continue to develop the infrastructure of the NYSORVA organization and increase participation in its operation by advocates from all regions of the state. It is together that we will achieve our big-picture goal of increased responsible and satisfactory OHV recreational opportunities for all New York State Residents.

 

6) CALL FOR MEMBERSHIP RENEWAL FOR 2000

We will be mailing out a club survey in January to update our files regarding club contact information. Upon return of the survey, we hope clubs will take the opportunity to extend their support of NYSORVA in Y2K at the Supporting Club level of $100.00.

Individuals are asked to consider a minimum supporting donation of $15.00.

Club leaders: Please also take a moment to check your listing on the Club List Page at the web site for accuracy. Report any changes to aernst@albany.net.

All donations at any level will be greatly appreciated. Your support is essential in keeping us working for your interests.

Please make checks payable to NYSORVA, Inc. and mail to PO Box 305, Ravena, NY 12143-0305.

Thank you!

 

7) ROADLESS & WILDERNESS INITIATIVES UPDATE

The deadline for public comment on the Clinton Administration's Roadless Area Initiative which threatens OHV activity on federal lands, ended December 20. It remains to be seen if the USFS will head the public comment of OHV recreationists or simply rubber-stamp the administration's apparent anti-access agenda.

We received a note from Don Clymer (Allegheny National Forest) about land in PA that may be affected by Clinton's Roadless Initiative:

Question: "Are there any lands in your PA trail system that may be affected by this roadless initiative that President Clinton is trying to push?"

Answer: "We have 18,000 acres in this insane proposal but it doesn't affect our riding areas. The "zoning" we have already done has placed our trails in more actively managed areas."

This is great news for New Yorkers who use the PA trails on a regular basis and especially those who have this as their only riding area. (PS: Winter season opened on 12/20.)

And to further demonstrate that it's not enough to worry just about our lack of trails in NY, and to generally get your blood boiling, this comes to us courtesy of the American Motorcyclist Assn.:

Contact: Bill Kresnak, phone: (614) 856-1900, Fax: (614) 856-1920

G99033, December 8,1999, For Immediate Release

Preservationists Target Off-Highway Vehicles

PICKERINGTON, Ohio -- Preservationists have launched a new attack on the motorcyclists and other users of off-highway vehicles (OHVs) on U.S. Forest Service land -- a move that could ultimately shut down motorized trails nationwide, the American Motorcyclist Association (AMA) reports.

A coalition of more than 90 preservation groups, led by The Wilderness Society and the Wildlands Center for Preventing Roads, announced Dec. 7 it would file a formal rule-making petition with the U.S. Forest Service to put strict controls on motorized vehicles on forest land. The petition would trigger a formal process that requires the Forest Service to respond.

"This petition is full of land mines for the Forest Service and for OHV users of forest land," said Robert Rasor, AMA executive vice president and head of the Government Relations Department. "It would require the Forest Service and OHV users to jump through so many hoops that few, if any, motorized trails would exist."

The petition is the latest in a series of assaults on off-highway motorcycle, all-terrain vehicle (ATV) and other OHV use of public land. On October 13, President Clinton launched a land-closure initiative that could ban OHVs from almost 80 million acres of forest land nationwide. Two weeks later, radical preservationists in Utah filed a federal lawsuit seeking to shut down 10 million acres of land controlled by the federal Bureau of Land Management.

"This latest action is part of an orchestrated effort by radical preservationists to bypass Congress and fast-track their agenda related to public land," Rasor said. "They prefer lawsuits and federal rule-making over public discussion, debate and decision-making in Congress to accomplish their goals."

This new petition calls on the Forest Service to:

1.) Allow motorized vehicles on federal, state and county roads and on other routes only after environmental impact studies are done and a posting made that OHVs are allowed.

2.) Allow OHV use to continue, or begin, only after the Forest Service proves that the use won't "harm the ecological integrity of the national forests or the enjoyment of the forests by other recreationists." To do this, the petition calls for all current OHV use on forest roads and trails to be re-evaluated within three years. If the reassessment isn't completed within three years, the OHV use would be prohibited until the reassessment is finished.

3.) Ban the use of motorized vehicles on forest land unless there is enough money, and a plan in place, to monitor the use. Also, no new motorized routes would be created until all existing routes have undergone environmental impact studies and monitoring plans have been approved.

4.) Conduct environmental assessments under the National Environmental Policy Act when designating travel routes for motorized vehicles, building or upgrading OHV routes and facilities, or when issuing special-use permits, among other things.

5.) Ban the use of motorized vehicles on forest land that is being considered for a "wilderness" designation, or that has wilderness qualities, such as "roadless" land. "Wilderness" is a federal land designation that bars most activities, including commercial activities, OHV use and mountain bikes. "Roadless" is another federal land designation. But motorized trails are allowed on "roadless" land. In fact, most of the forest trails used by off-highway motorcyclists and ATV riders are in these areas.

"Among other things, this petition is yet another attempt to bypass the Federal Wilderness Act and impose a `wilderness' designation on forest land without going through Congress," Rasor said. "The congressional process allows for open debate and a congressional vote on which lands deserve a 'wilderness' designation."

[The American Motorcyclist Association is a 240,000-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 www.ama-cycle.org.]

An MSNBC Survey at http://www.msnbc.com/news/325936.asp#survey had registered 11,252 responses to the question as of 12/27, "Do you favor tighter restrictions on off-road vehicles in national park and forest areas?" Anti-OHV voters are clearly in the minority with only 18% saying "yes," while 81% said "no." This survey has been around several weeks, so the well-organized folk of the anti-OHV ilk have had plenty of time to demonstrate that their opinion is in the minority. The credibility of this survey, though unscientific, is bolstered by the fact that once a vote has been made from a computer, the user may not vote again. This is most likely accomplished by placing a "cookie" file in the voter’s computer keeping him honest and preventing the "vote-often" scenario from making the survey statistically invalid.

And if you haven’t already participated, sign on to an e-petition that promotes public land OHV access at http://www.e-thepeople.com/petition.cfm?PETID=277027.

 

8) OUTDOOR CHANNEL ADDS MOTORCYCLE PROGRAM

Augmenting their new ATV and 4WD programming, The Outdoor Channel has added a new motorcycling show. Read on:

NEWS RELEASE

For Immediate Release

Contact: Jake Hartwick (800) 770-5750, E-mail: jake@outdoorchannel.com

The Outdoor Channel Adds "Motorcycle Digest" to Program Line-Up

Pledges Support in Fight Over Road Closures

TEMECULA, CA: Management of The Outdoor Channel, Inc. announced the acquisition of the exclusive national broadcast rights to Motorcycle Digest beginning in January, 2000. "We are very pleased to add Motorcycle Digest to our growing list of off-road and motorized theme programs," said Wade Sherman, Vice President of The Outdoor Channel. "We now have another outstanding compliment to Rick Russell's Back Country 4X4 Adventures, which has become a smash hit since it's debut in October and ATV Television, which also begins in January."

Motorcycle Digest television show is designed to promote and expand interest in all areas of motorcycling. The 30-minute program will cover several areas of interest for the novice and experienced rider by dividing up the show into 6-8 segments. Walter Fulton, III will be your host for this fast paced ½ hour. Motorcycle Digest will take you across the country to show you how a motorcyclist enjoys the great outdoors. The show will feature regular segments on touring, cruising as well as taking you on exciting rides in the dirt. You'll also gain information provided from the reviews and demonstrations of new dirt and off road bikes as well as new products such as helmets and riding gear. There will also be a segment on Women in Cycling hosted by Nancy Foote. She will share her years of experience riding, her unique perspective as a woman rider, tips on gear, and maintenance issues. Rounding out the show will be rider-safety tips by Bob Richenberg. "Riding safely doesn't mean sitting up straight and going slow, it means working hard at being damn good at what you're doing", says Bob. He brings his wit, wisdom and years of motorcycle safety training experience to the show.

Motorcycle Digest will air Monday at 1:00 PM, Wednesday at 9:30 AM and Saturday at 5:00 PM. All times EST.

The Outdoor Channel has also pledged support to the Blue Ribbon Coalition and off-road enthusiasts in the current battle over road closures. The network will produce and air Public Service Announcements (PSA's) alerting viewers to this enormous threat to their activities. The PSA's will also encourage viewers to contact BRC for information on how they can help stop the threat.

"The government agencies are caving in to the extreme environmentalists and closing access roads everywhere," said Clark Collins, Executive Director of Blue Ribbon Coalition. "We, as well as off-road enthusiasts everywhere, appreciate the support The Outdoor Channel is giving our industry in this battle."

The Outdoor Channel is the first and only 24-hour national television network devoted entirely to the traditional outdoor activities of hunting, fishing, the shooting sports, off-roading, snowmobiling and more. 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 nationwide on DISH Network, the fastest growing of the digital satellite services. Sherman added, "When someone tells their cable operator that they'll switch to DISH Network unless they add The Outdoor Channel, it has an impact. If they still won't add it, they'll be able to get their network on DISH." Anyone can get free information and system demonstration from any local DISH Network dealer. Local dealers can be located in the yellow pages under "Satellite Equipment", on their corporate website, http://www.dishnetwork.com or by calling 1-800-333-DISH.

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 site: http://www.outdoorchannel.com E-mail: jake@outdoorchannel.com.

For more information about Motorcycle Digest, visit their website:

www.motorcycledigest.com

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