Post by cdaxena on Jul 8, 2004 9:32:16 GMT -5
Hi everyone,
Our group had its first experience with this new anti-access rule this Spring with our first poker run held over Memorial Day weekend. It might well be the last poker run that our group will be allowed to hold. Only by sure kindness of the land manager this time were we able to continue the event. He flat say that it will be too expensive for our group to hold events. We will never be able to afford to hold events. I truly believe he feels bad having to enforce this new rule.
Most dirt bike organizations are small social clubs. What the ruling does essentially is end off-roader's ability to organize and have a voice in the collaborating process regarding how our public lands are managed. We loose our right to have a say on how we prefer to recreate on our public lands. It also takes us out of the loop on all other issues pertaining to the management of our public lands; Such as decisions regarding roads, wildlife, watershed, resource extraction and etc. So the 'powers-that-be' take us out of the loop on all decisions that directly effect us and what is very important to us.
We have to fight back on this one, guys. This is the big battle. This battle will win the war for the anti-access elitists.
This will end everything that we enjoy about our recreation. You love what you do? You have no choice but to get involved on this one. To learn how to become involved go to this link to:
home.off-road.com/~pantra/page9.html
to learn effective ways to make your voice count.
-----------------
Editorial Release: HELP BRC FIGHT UNFAIR SPECIAL RECREATION PERMIT RULES
Contact: BlueRibbon Coalition
Phone: (208) 237-1008
Fax: (208) 237-9424
E-mail: braction@sharetrails.org
Webpage: www.sharetrails.org
Date: July 2, 2004
You can help BlueRibbon Coalition fight unfair Special Recreation Permit rules.
BlueRibbon Coalition (BRC) is helping our member clubs and organizations fight permit requirements that impose the same fees and permitting requirements required of real for-profit commercial enterprises.
On October 31, 2002 the Bureau of Land Management (BLM) revising their policy regarding Permits for Recreation on Public Lands and focused on how to obtain recreation permits for commercial recreational operations, competitive events and activities, organized group activities and events, and individual recreational use of special areas. It also proposed a cost recovery system and revised certain rules for campgrounds and other fee areas.
On January 22, 2003 the Forest Service (FS) proposed changes to their regulations (36 CFR 2948-2953) on special use permits that similarly blur the distinction between commercial and non-profit activities. The FS has not yet issued a final rule.
If your club has been victimized by unfair permit policies, BRC needs to know. Please send an email message to broffice@sharetrails.org and tell us your recreation permit horror story.
Check back here regularly for updates on how you can help BRC fight this.
A few Horror Stories we've received to date:
Item: Pennsylvania Snowseekers The Pennsylvania Snowseekers applied for a permit for their annual poker run to benefit the Susan G. Komen Breast Cancer Foundation. The application was completed correctly, received by the FS within the required deadline, and the event consisted of only 66 participants. The FS did not respond to the Snowseekers with a denial or an approval. Perhaps mistakenly, the Snowseekers interpreted the lack of response as tacit approval, held the event and raised over $1700.00 for Breast Cancer. A full week after the successful event, the FS sent the Snowseekers a denial! Two members of the Snowseekers were subsequently ticketed by the FS. At the hearing in Erie Federal Court, the judge had no choice but to find the Snowseekers in violation of FS regulations and imposed a small fine ($25.00). While ruling, however, the judge admonished the FS for not processing the permit in a timely manner and not finding a way to address concerns regarding this event outside the federal courtroom.
Item: Utah Snowmobile Association
Every February, the Skyline Sno-Riders Club from Fairview Utah held a charity fundraiser on private property. This year, Skyline's President received a phone call from the local Forest Service office inquiring about the size of the group and concerned that a permit might be required. Even though any activity was separate from the charity ride, and no fee for activity on Forest Service lands was being charged, the FS was concerned that the charity event might `spill over' on to FS lands. The FS stated that any group over 75 would require a permit. Seeking to maintain good relations with the FS, the Utah Snowmobile Association stepped in and began the permit process. However, when USA sought insurance from the list of approved Forest Service carriers, none of them offered a policy that complied with the FS's requirements, thus, USA was unable to legally obtain a permit. Even though the whole situation cast a pall over a successful fundraiser that has been going on for more than 10 years, the Skyline Sno-Riders say they won't let the situation prevent them from holding a fundraiser next year.
Item: Utah Trail Machine Association
For 26 years, the UTMA has held an annual ride down the very popular 10-Mile Wash. UTMA is a great club with lots of volunteer projects and charity events to their credit. Sadly, the 10-Mile Wash Ride is no longer a UTMA event because BLM's permit process simply made it too expensive. The choice was either to operate the ride as a true commercial venture, or spend the UTMA's entire yearly budget on permit and insurance fees.
Item: Hurricane ATV Jamboree
The Hurricane ATV Jamboree applied for a 5-Year Special Recreation Permit on BLM land for a small ATV Jamboree in Southern Utah. The BLM is planning to charge the Jamboree for necessary environmental analysis, but tells them that the cost will depend on the response of a radical anti-access group, the Southern Utah Wilderness Alliance. BLM claims challenge by this extreme group would nearly double the cost of the permit.
Item: Bookcliff Rattlers Motorcycle Club
The Utah BLM, Moab District Office is attempting to charge the Bookcliff Rattlers $1900.00 per mile for a one year permit for a motorcycle race. BLM is charging for monitoring and route delineation. These are required duties of BLM not associated with SRP's. The cost of $1900.00 per mile is interesting compared to the cost of purchasing a valid right of way on adjacent Utah State Trust Lands. Purchasing an easement is less expensive than BLM's permit costs!
Item: New Mexico 4-Wheelers
The New Mexico 4-Wheelers was sent a letter from Utah BLM, Monticello Field Office threatening to impose "penalties or fines" for violation of SRP regulations for a May 2004 trip on the popular and scenic Hotel Rock Trail. The New Mexico 4-Wheeler's event consisted of 2 vehicles. The New Mexico 4-Wheelers had put a notice of the ride on their website, thus triggering the same permit requirements imposed on a real for-profit commercial enterprise.
BLM'S EMAIL TO NEW MEXICO 4-WHEELERS:
From: XXXXXXXXXX@ut.blm.gov
Received: 19 May 2004 21:34:50 -0000
Delivered to: nm4w.org-secretary@nm4w.org
Subject: Trips
I have noted that website nm4w.org advertises organized trips on public lands within the Monticello Field Office area. Last October, Chuck Peeples was listed as a point of contact for an event for Hole in the Rock and you were listed for the event held May 6-9 on the Hotel Rock Trail.
At this time, New Mexico 4-Wheelers do not hold a Special Recreation Permit (SRP) with the Bureau of Land Management (BLM), Monticello Field Office. An SRP is required for all commercial and/or organized events to be held on public lands (43CFR 2930). Failure to comply with permitting requirements could subject you and your organization to penalties and fines.
If you would like more information on applying for an SRP or have any further questions, please feel free to call me.
XXXXXXXXXXX
Recreation Permit Assistant
Monticello Field Office
(435) 587-1510
In regards to BLM's SRP process, BLM's news release states:
(see:
www.blm.gov/nhp/news/releases/pages/1999/pr990729recfeeqa.html)
To which activities does this increase apply?
The Special Recreation Permit Fees do not affect members of the general public who wish to visit their public lands. Such casual users will continue to be able to use the public lands for recreation free of charge. The BLM issues Special Recreation Permits only for labor intensive activities and events conducted in BLM areas where irreversible and/or substantial resource damage could occur or there is concern for public health and safety. The fees therefore apply to competitive activities and events, such as endurance races, off-highway vehicle races, dog sled races, land sailing competition, and Eco-Challenge. Special Recreation Permits may also apply to organized group activities or events, such as the Burning Man, mountain man rendezvous, amateur rocket and hot air balloon events, and/or large social gatherings of reunions, religious groups, or large youth encampments, such as Boy and Girl Scouts, and the Campfire Girl.
BLM's implementation has extended far beyond what is contemplated here. Contrary to their published statements, BLM now requires an SRP for any group of 2 or more persons that issues any sort of public announcement of any type of gathering on public lands. Please see "BLM Prototype Implementation" below. If implemented across the universe of public lands visitors its hard to see how BLM will have any resources to do anything but process SRP permit applications.
CHECK BACK OFTEN FOR MORE INFO AND HOW YOU CAN HELP
Our group had its first experience with this new anti-access rule this Spring with our first poker run held over Memorial Day weekend. It might well be the last poker run that our group will be allowed to hold. Only by sure kindness of the land manager this time were we able to continue the event. He flat say that it will be too expensive for our group to hold events. We will never be able to afford to hold events. I truly believe he feels bad having to enforce this new rule.
Most dirt bike organizations are small social clubs. What the ruling does essentially is end off-roader's ability to organize and have a voice in the collaborating process regarding how our public lands are managed. We loose our right to have a say on how we prefer to recreate on our public lands. It also takes us out of the loop on all other issues pertaining to the management of our public lands; Such as decisions regarding roads, wildlife, watershed, resource extraction and etc. So the 'powers-that-be' take us out of the loop on all decisions that directly effect us and what is very important to us.
We have to fight back on this one, guys. This is the big battle. This battle will win the war for the anti-access elitists.
This will end everything that we enjoy about our recreation. You love what you do? You have no choice but to get involved on this one. To learn how to become involved go to this link to: home.off-road.com/~pantra/page9.html
to learn effective ways to make your voice count.
-----------------
Editorial Release: HELP BRC FIGHT UNFAIR SPECIAL RECREATION PERMIT RULES
Contact: BlueRibbon Coalition
Phone: (208) 237-1008
Fax: (208) 237-9424
E-mail: braction@sharetrails.org
Webpage: www.sharetrails.org
Date: July 2, 2004
You can help BlueRibbon Coalition fight unfair Special Recreation Permit rules.
BlueRibbon Coalition (BRC) is helping our member clubs and organizations fight permit requirements that impose the same fees and permitting requirements required of real for-profit commercial enterprises.
On October 31, 2002 the Bureau of Land Management (BLM) revising their policy regarding Permits for Recreation on Public Lands and focused on how to obtain recreation permits for commercial recreational operations, competitive events and activities, organized group activities and events, and individual recreational use of special areas. It also proposed a cost recovery system and revised certain rules for campgrounds and other fee areas.
On January 22, 2003 the Forest Service (FS) proposed changes to their regulations (36 CFR 2948-2953) on special use permits that similarly blur the distinction between commercial and non-profit activities. The FS has not yet issued a final rule.
If your club has been victimized by unfair permit policies, BRC needs to know. Please send an email message to broffice@sharetrails.org and tell us your recreation permit horror story.
Check back here regularly for updates on how you can help BRC fight this.
A few Horror Stories we've received to date:
Item: Pennsylvania Snowseekers The Pennsylvania Snowseekers applied for a permit for their annual poker run to benefit the Susan G. Komen Breast Cancer Foundation. The application was completed correctly, received by the FS within the required deadline, and the event consisted of only 66 participants. The FS did not respond to the Snowseekers with a denial or an approval. Perhaps mistakenly, the Snowseekers interpreted the lack of response as tacit approval, held the event and raised over $1700.00 for Breast Cancer. A full week after the successful event, the FS sent the Snowseekers a denial! Two members of the Snowseekers were subsequently ticketed by the FS. At the hearing in Erie Federal Court, the judge had no choice but to find the Snowseekers in violation of FS regulations and imposed a small fine ($25.00). While ruling, however, the judge admonished the FS for not processing the permit in a timely manner and not finding a way to address concerns regarding this event outside the federal courtroom.
Item: Utah Snowmobile Association
Every February, the Skyline Sno-Riders Club from Fairview Utah held a charity fundraiser on private property. This year, Skyline's President received a phone call from the local Forest Service office inquiring about the size of the group and concerned that a permit might be required. Even though any activity was separate from the charity ride, and no fee for activity on Forest Service lands was being charged, the FS was concerned that the charity event might `spill over' on to FS lands. The FS stated that any group over 75 would require a permit. Seeking to maintain good relations with the FS, the Utah Snowmobile Association stepped in and began the permit process. However, when USA sought insurance from the list of approved Forest Service carriers, none of them offered a policy that complied with the FS's requirements, thus, USA was unable to legally obtain a permit. Even though the whole situation cast a pall over a successful fundraiser that has been going on for more than 10 years, the Skyline Sno-Riders say they won't let the situation prevent them from holding a fundraiser next year.
Item: Utah Trail Machine Association
For 26 years, the UTMA has held an annual ride down the very popular 10-Mile Wash. UTMA is a great club with lots of volunteer projects and charity events to their credit. Sadly, the 10-Mile Wash Ride is no longer a UTMA event because BLM's permit process simply made it too expensive. The choice was either to operate the ride as a true commercial venture, or spend the UTMA's entire yearly budget on permit and insurance fees.
Item: Hurricane ATV Jamboree
The Hurricane ATV Jamboree applied for a 5-Year Special Recreation Permit on BLM land for a small ATV Jamboree in Southern Utah. The BLM is planning to charge the Jamboree for necessary environmental analysis, but tells them that the cost will depend on the response of a radical anti-access group, the Southern Utah Wilderness Alliance. BLM claims challenge by this extreme group would nearly double the cost of the permit.
Item: Bookcliff Rattlers Motorcycle Club
The Utah BLM, Moab District Office is attempting to charge the Bookcliff Rattlers $1900.00 per mile for a one year permit for a motorcycle race. BLM is charging for monitoring and route delineation. These are required duties of BLM not associated with SRP's. The cost of $1900.00 per mile is interesting compared to the cost of purchasing a valid right of way on adjacent Utah State Trust Lands. Purchasing an easement is less expensive than BLM's permit costs!
Item: New Mexico 4-Wheelers
The New Mexico 4-Wheelers was sent a letter from Utah BLM, Monticello Field Office threatening to impose "penalties or fines" for violation of SRP regulations for a May 2004 trip on the popular and scenic Hotel Rock Trail. The New Mexico 4-Wheeler's event consisted of 2 vehicles. The New Mexico 4-Wheelers had put a notice of the ride on their website, thus triggering the same permit requirements imposed on a real for-profit commercial enterprise.
BLM'S EMAIL TO NEW MEXICO 4-WHEELERS:
From: XXXXXXXXXX@ut.blm.gov
Received: 19 May 2004 21:34:50 -0000
Delivered to: nm4w.org-secretary@nm4w.org
Subject: Trips
I have noted that website nm4w.org advertises organized trips on public lands within the Monticello Field Office area. Last October, Chuck Peeples was listed as a point of contact for an event for Hole in the Rock and you were listed for the event held May 6-9 on the Hotel Rock Trail.
At this time, New Mexico 4-Wheelers do not hold a Special Recreation Permit (SRP) with the Bureau of Land Management (BLM), Monticello Field Office. An SRP is required for all commercial and/or organized events to be held on public lands (43CFR 2930). Failure to comply with permitting requirements could subject you and your organization to penalties and fines.
If you would like more information on applying for an SRP or have any further questions, please feel free to call me.
XXXXXXXXXXX
Recreation Permit Assistant
Monticello Field Office
(435) 587-1510
In regards to BLM's SRP process, BLM's news release states:
(see:
www.blm.gov/nhp/news/releases/pages/1999/pr990729recfeeqa.html)
To which activities does this increase apply?
The Special Recreation Permit Fees do not affect members of the general public who wish to visit their public lands. Such casual users will continue to be able to use the public lands for recreation free of charge. The BLM issues Special Recreation Permits only for labor intensive activities and events conducted in BLM areas where irreversible and/or substantial resource damage could occur or there is concern for public health and safety. The fees therefore apply to competitive activities and events, such as endurance races, off-highway vehicle races, dog sled races, land sailing competition, and Eco-Challenge. Special Recreation Permits may also apply to organized group activities or events, such as the Burning Man, mountain man rendezvous, amateur rocket and hot air balloon events, and/or large social gatherings of reunions, religious groups, or large youth encampments, such as Boy and Girl Scouts, and the Campfire Girl.
BLM's implementation has extended far beyond what is contemplated here. Contrary to their published statements, BLM now requires an SRP for any group of 2 or more persons that issues any sort of public announcement of any type of gathering on public lands. Please see "BLM Prototype Implementation" below. If implemented across the universe of public lands visitors its hard to see how BLM will have any resources to do anything but process SRP permit applications.
CHECK BACK OFTEN FOR MORE INFO AND HOW YOU CAN HELP