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American Motorcyclist Association decries bill to close off 850,000 acres of Colorado public land

March 16th, 2010 No comments

PICKERINGTON, Ohio — The American Motorcyclist Association (AMA) told a key U.S. House committee that it opposes a bill to designate 850,000 acres in Colorado as federally protected Wilderness because, among other reasons, the public land contains dams, power lines, bridges and other structures.

The AMA noted its opposition in a formal letter dated March 10 to the U.S. House Subcommittee on National Parks, Forests and Public Lands that will be part of the committee report for the bill — H.R. 4289, the Colorado Wilderness Act of 2009. The AMA also complained that the measure would designate the land as Wilderness without any input from local elected officials and affected user groups.

“By designating these public lands Wilderness, the legislation will close off responsible motorized access to hundreds of thousands of acres,” said Ed Moreland, AMA vice president for government relations, in the letter.

Moreland sent the letter to committee Chairman Raul Grijalva (D-Ariz.) and Ranking Member Rob Bishop (R-Utah) prior to the committee’s hearing on the bill, which was introduced by U.S. Rep. Diana DeGette (D-Colo.).

Moreland noted that the affected land isn’t in DeGette’s congressional district, and “to date not one Colorado representative has co-sponsored H.R. 4289. This is very telling — the local population in the area affected does not support this bill.”

At that hearing on March 11, U.S. Rep. John Salazar (D-Colo.) testified: “This bill in its current form will close numerous motorized routes, snowmobile areas and mountain bike trails. These are important activities in my district that contribute to both the quality of life that my constituents enjoy as well as being a major economic activity in these communities.”

Kent Holsinger, a Denver lawyer who specializes in land, wildlife and water law, testified that the proposal doesn’t meet the strict requirements of the Wilderness Act of 1964 “to protect lands untrammeled by man.” He added that “acreage crisscrossed by roads, trails, powerlines and pipelines should clearly be excluded from consideration” for a Wilderness designation, and that the AMA, Colorado Off-Highway Vehicle Coalition (COHVCO), BlueRibbon Coalition, and Colorado Snowmobile Association all oppose the bill.

In his letter, Moreland wrote that public land is for the enjoyment of all Americans and not just those who are physically able to enjoy them.

“Enthusiasts who enjoy our nation’s public lands are not just the nimble and fit but also families with small children who wish to recreate together, as well as active senior citizens and handicapped who enjoy the freedom to access the outdoors that off-highway vehicles and all-terrain vehicles provide,” he wrote.

“The AMA opposes any process that does not allow full public debate on the disposition of public lands,” he added. “Indeed, these designations deserve to be considered to allow time or thoughtful deliberation and input from affected user groups, local and state elected officials and Congress. However, the AMA, Colorado Off-Highway Vehicle Coalition (COHVCO), Trails Preservation Alliance (TPA) nor any of their individual members or member clubs were contacted or asked for input to avoid conflict with existing multiple-use (including, but not limited to motorized) activities.”

One reason Moreland and others are so concerned about H.R. 4289 being pushed in Congress without prior input from the local community and elected officials is because it is seen as a prelude to the Hidden Gems Wilderness proposal, a project of the White River Wilderness Coalition, to designate more than 400,000 acres in Colorado as Wilderness.

To see the AMA’s letter to the U.S. House Subcommittee on National Parks, Forests and Public Lands click here: www.americanmotorcyclist.com/legisltn/documents/ama_statement_oppose_h.r.4289.pdf. To read Holsinger’s testimony click here: resourcescommittee.house.gov/images/Documents/20100311/parks/testimony_holsinger.pdf.

To take action on this issue, go to AmericanMotorcyclist.com > Rights > Issues and Legislation or click here: www.americanmotorcyclist.com/legisltn/rapidresponse.asp. To receive e-mail alerts on issues, sign up in the “Get Involved” section of the Rights page or click here: www.americanmotorcyclist.com/legisltn/getInvolved/.

About the American Motorcyclist Association

Since 1924, the AMA has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world’s largest motorcycling rights organization, the AMA advocates for motorcyclists’ interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations.

OHV Organizations Prevail in Montana Land Use Case

March 16th, 2010 No comments

Travel Management Process on Lewis and Clark National Forest Flawed

Irvine, Calif., March 11, 2010 – On March 10, the U.S. District Court for the District of Montana ruled that the 2007 Travel Management Plan issued by the Lewis and Clark National Forest in Montana violated the National Environmental Policy Act (NEPA) and the Montana Wilderness Study Act (MWSA).  The Specialty Vehicle Institute of America (SVIA) and the Motorcycle Industry Council (MIC) had joined a coalition of recreation groups in filing a lawsuit challenging the Plan. 

SVIA and MIC general counsel Paul Vitrano commented, “We are pleased with the ruling.  It shows that when agencies overstep their legal authority OHV enthusiasts and industry can not only get our voices heard, but we can impact the process.” 

The lawsuit challenged the Travel Management Plan covering part of the Lewis and Clark National Forest.  The final plan developed by the Forest reduced access for off-highway vehicles (OHV) by over 50% and placed more of the Forest off-limits to OHVs than any alternative that had been proposed.  The Court ruled the plan was a violation because NEPA requires that all reasonable alternatives be presented in a draft environmental impact statement (DEIS).  The Court wrote in its opinion: “The [Forest's] final decision was not discussed in the DEIS as an alternative and was not a blend of DEIS alternatives. Rather, it created a unique and separate alternative. Not only was the unexamined alternative viable and reasonable in the eyes of the Forest, it was chosen as the final agency decision.”

The Court also found that the travel plan, which would have eliminated two-thirds of the previously available motorized routes in the Middle Fork Wilderness Study Area, violated the MWSA.  The MWSA directed the Forest to maintain the wilderness character of the study area as it existed when the Act was enacted, 1977.  The Court wrote: “To the extent the wilderness character was there in 1977, it was to be maintained. To the extent the wilderness character was lacking in 1977, it was not to be imposed.” 

The Lewis and Clark developed the plan in an effort to implement the national Travel Management Rule finalized by the U.S. Forest Service in November 2005.  The rule requires each Forest to undergo processes to designate roads, trails, and areas that are open to motor vehicles. 

MIC and SVIA senior vice president, Kathy Van Kleeck said, “We believe the Court made the correct ruling in this case; however, it is important to note that the industry continues to support the Travel Management Rule, as well as efforts by the Forest Service to effectively manage OHV use.  In every case we hope that collaborative processes will result in equitable plans, but in some cases, like the Lewis and Clark, it is necessary to take additional measures.”

The suit was filed by the Russell Country Sportsmen, Montana Trail Vehicle Riders Association, Great Falls Trail Bike Riders Association, Great Falls Snowmobile Club, Meagher County Little Belters, Treasure State Alliance, Motorcycle Industry Council, Specialty Vehicle Institute of America, and BlueRibbon Coalition.  Representing the plaintiffs are Paul Turcke of Boise, Idaho, Bill Horn of Washington, D.C., and Rob Cameron of Helena, Montana.

The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national industry association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as insurance, finance and investment companies, media companies and consultants.

The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. First called the MIC in 1970, the organization has been in operation since 1914. Visit the MIC at www.mic.org.

The Specialty Vehicle Institute of America® promotes the safe and responsible use of all-terrain vehicles through rider training, public awareness campaigns and state legislation. Additionally, the SVIA works to preserve access to off-road lands and expand riding opportunities. The SVIA is a resource for ATV research, statistics and vehicle standards. Accredited by the American National Standards Institute (ANSI), the SVIA develops standards for the equipment, configuration and performance requirements of ATVs.

Based in Irvine, Calif., the SVIA is a not-for-profit industry association sponsored by Arctic Cat, BRP, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin and Yamaha. Visit the SVIA online at www.svia.org. For safety information or to enroll in the ATV RiderCourseSM nearest you, visit www.atvsafety.org or call (800) 887-2887.