UTAH LAND USE UPDATE
Spring / Summer 2011
What a difference an election makes
Last year we updated our members on news that former Senator Robert Bennett had announced plans he would push county-by-county public lands bills that would include Wilderness designations and possibly other more recreation friendly designations such as National Recreation Areas.
We were quite interested to learn that Bennett, after losing his re-election bid in the Utah primary, now works for The Wilderness Society.
It is worth remembering that OHV groups failed to convince Bennett to support keeping the Canaan Mountain Saw Mill Road open in the new Wilderness he was trying to create in Washington County. Keeping one road open in all that new Wilderness seemed a reasonable compromise to us, and we could never understand why he would not at least try to keep it open.
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| This view is from the Canaan Mountain Saw Mill Road. A historic travelway that was recently closed by former Senator Bennett's Washington County Wilderness bill. Bennett now works as a lobbyist for the Wilderness Society in Washington DC. |
With Bennett out of the picture, it isn't certain what will become of Utah's county-by-county Wilderness approach. Thus far, Bennett's successor, Senator Mike Lee has been supportive of locally generated proposals, but has not committed any firm support for legislation in the Senate.
Emery County
Emery County continues its process to formulate a bill for the popular San Rafael Swell area. BRC, Utah Shared Access Alliance and local OHV advocates are involved, as is a special representative of The Wilderness Society. A proposal exists, but it is in a very early draft form. The County is considering adding U.S. Forest Service lands to the mix.
It would be easy to criticize Emery County for taking so long to get a proposal finalized. Although there were some stumbles early on, BRC is giving the County credit for their approach. Formulating legislation that actually provides for common sense management and provides for recreational access isn't easy. It requires listening carefully to the needs of a wide range of stakeholder groups. BRC commends Emery County for bringing its process into full public view and carefully considering the viewpoints of all of the varied interests.
San Juan County
Before becoming a Wilderness Society lobbyist, Bennett, as Senator, attempted to push San Juan County into proposing a land use bill. Ironically, the County's initial proposal was not to the liking of Bennett's current employers.
San Juan County has said it is still interested in formulating a proposal, but has not yet started the process and does not yet have a draft.
What you can do to help
Stay tuned for updates and info. Once the Emery and San Juan County proposals are in a final draft form, we will provide a full review and analysis to our members.
www.emerycounty.com www.sanjuancounty.org
SUWA Lawsuit update: Second verse, same as the first...
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Feeling a familiar sense of deja vu? We don't blame you! This year's SUWA lawsuit
update is almost exactly the same as last year!!
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Sometimes, public lands issues are like that. A threat from some radical environmental group pops up requiring immediate action, and then the issue will lie dormant for years. Well, our update on the latest lawsuit filed by the Southern Utah Wilderness Alliance (SUWA) is no different.
The only real news we have to report is that SUWA apparently is still trying to get the Department of the Interior to negotiate a "sweetheart settlement." (See SUWA's Pretext on the next page.)
The lawsuit at issue was filed way back in December of 2008. A coalition of eleven Wilderness activist groups, led by SUWA, challenged the Bureau of Land Management's (BLM) offering of 77 oil and gas leases in three Utah Resource Areas, including the popular recreation destination of Moab.
SUWA won a temporary restraining order against the lease sales, and the BLM, under a new administration, has apparently withdrawn any interest in pursuing the sales. Far from being satisfied with their "victory," SUWA amended the lawsuit in March 19, 2009, adding claims challenging the BLM's Moab, Price and Vernal Resource Management Plans (RMPs) and Travel Plans in their entirety.
SUWA claims that BLM's RMPs and Travel Plans violate the law by failing to adequately analyze environmental effects of vehicle use, even though the BLM's new plans closed roughly half of the existing roads and trails.
Recreational access groups had to move quickly to enter the lawsuit. On April 8, 2009, a motion was filed by the Trails Preservation Alliance(TPA), Colorado Off-Highway Vehicle Coalition (COHVCO), and BlueRibbon Coalition
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(BRC) - all trails-based, grassroots recreation advocacy groups. The court granted our motion to intervene in the case.
Recreationists aren't the only intervenors in SUWA's suit. Oil and gas companies, the State of Utah, and the affected counties have also joined the suit.
SUWA has incorporated two relatively new claims in this lawsuit. SUWA is alleging the BLM failed to include "quantitative air quality modeling for ozone and other criteria pollutants regulated under the Clean Air Act." SUWA is also alleging the BLM failed to analyze the impacts of vehicle-based recreational use on global warming. SUWA claims these activities result in the release of greenhouse gas emissions that contribute to climate change.
The climate change claims are focused exclusively on OHV users. Apparently, SUWA will not challenge visitors from throughout the nation, and from other countries, who collectively fly millions of miles annually to visit Utah's scenic public lands. I imagine greenhouse gas emissions from ATVs and dirt bikes would pale in comparison to the emissions from the steady stream of jets through the hubs and regional airports surrounding Utah's famed Red Rock backcountry.
SUWA has kept the lawsuit dormant in the courts as it attempts to negotiate a "sweetheart settlement" with the Department of the Interior. Thus far, those efforts have failed, and BLM is implementing its RMP and Travel Plans. Meanwhile, BRC vigilantly watches the negotiation process and the courts for any movement. |
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| Jeepers enjoying a drive across the red rock landscape that we continue to defend against SUWA and other radical Wilderness activists |
Rider on an ATV looks out over the beautiful red rock landscape that SUWA and other Wilderness groups are attempting to lock up |
BLM closed nearly 50% of the existing routes. But no amount of closures will satisfy these extremists. |
SUWA Files Petition Demanading More Closures in Utah
On March 16, 2011, the Southern Utah Wilderness Alliance (SUWA) leveraged some of its million-dollar Utah Wilderness Lobbying campaign fund to tout a petition sent to the Department of the Interior.
The petition cited "out of control" OHV use and asked Interior Secretary Ken Salazar to close over 1000 miles of roads and trails in the Canyon Country District, Moab Field Office and Green River District, Price Field Office.
The Bureau of Land Management has only recently completed new land use and travel plans for the area. Although just under 50% of the existing routes were closed, most all of the popular OHV roads and trails remain open in the new plans.
Although the petition makes broad demands for closure, it focuses on the extremely popular 10 Mile Wash Road. The 10 Mile route is one of the last remaining canyons open to OHV use, and SUWA is throwing a lot of effort into its closure.
SUWA's petition must be taken in context of the ongoing lawsuit (see previous article). Given this background, the motives behind SUWA's petition are obvious. SUWA is betting that the petition will motivate the administration to offer SUWA a settlement deal. And it seems reasonable to assume that closing the 10 Mile Wash road would be a tempting morsel that may, at least temporarily, satisfy SUWA's insatiable appetite for closures.
This is why both BRC and our Utah Partner, the Utah Shared Access Alliance, are viewing this petition as a very serious threat.
BRC has posted SUWA's petition and all of the related documents on our website. Please visit and see what these radicals have in store for you!
Utah Wisdom
| If you are SUWA, and you don't get the answer you want from the Field Office, State Office, federal court, then you just petition the Secretary of the Interior. Given this trajectory, we should expect calls to the UN and then the Almighty! |
I value my experience gained working for the Utah Shared Access Alliance. Even more than the training on land use regulation and litigation. I benefit from something I call the "Utah Wisdom." I know... insert joke here... But seriously, there's a way rural Utah folks express knowledge that is 100% different than the way that most folks do. And in my experience, that rural wisdom is 100% truer.
Once, a codgerly ranch hand in Escalante and I were talking about the proclamation for the Grand Staircase Escalante National Monument, and its stated goal that it would not affect livestock grazing. He quoted the grazing text and then said, "text without context is a pretext."
So true! The proclamation said this big monument wouldn't impact our livestock grazers. But those statements must be taken in context with the proclamation's preservation mandate. Today, with livestock grazing on the Monument reduced to a tiny fraction of what it once was, I can see the wisdom of our ranch hand's observation.
That memory came flooding back to me when asked by a reporter what my reaction to the news that the Southern Utah Wilderness Alliance (SUWA) had made a formal petition |
to the Secretary of the Interior demanding that he eliminate all motor vehicle use on 1,050 miles of designated roads and trails near Canyonlands National Park.
A pretext without context is a good way to describe it. SUWA cleverly spins this latest demand as needed to "reign in out of control ORV use." Of course, contrary to SUWA's pretext, "ORV" use is very much in control. Indeed, BLM recently closed 50% of the existing roads and trails.
As noted in the previous story, the context that exposes the pretext behind SUWA's petition is the lawsuit SUWA filed in December of 2008. Any codgerly ranch hand or OHV rider can easily see through the rhetoric. The threat is that the glossy pictures and pseudo-science will be taken seriously by those unfamiliar with the facts.
What you can do to help
If you are interested in helping defend OHV use in Utah, one thing you can do today is to place a quick call to your U.S. Representatives and ask them to help oppose SUWA's plans. Log on to sharetrails.org and use our "Rapid Response Center" to find the contact information of your Congresspersons. |
A Monumental Challenge
| Unless something is done, no less than two new National Monument will be designated in Utah. |
Since the day it took office, the Obama Administration's Department of Interior has been working with Wilderness activist groups in an ambitious plan to designate 13 million acres of National Monuments across 11 western states. Although media is reporting Interior Secretary Ken Salazar and Bureau of Land Management Director Robert Abby as saying the plans are only conceptual, internal documents obtained by the U.S. House of Representatives proves different.
If we had our druthers, we would include in this update the full report about what the Administration is planning. We strongly encourage you to check our website regarding Secretary Salazar's Treasured Landscape Initiative. There you will find a document labeled "Internal Draft - NOT FOR RELEASE" that clearly shows the administration conspiring with Wilderness activist groups on a wish list of various schemes to lock up millions upon millions of acres of public lands.
When the document was (finally) made public, Interior Secretary Salazar stated it was simply "internal staff brainstorming" and the administration "had no imminent plans to designate any National Monuments." Utah is no stranger to this sort of duplicitous double talk. Many are still bitter about how the Clinton Administration told Utah's Congressional delegation and then Governor Michael O. Leavitt they had "no imminent plans" to designate a Monument in Utah.
But less than 24 hours later, President Bill Clinton, worried about his prospects for re-election and seeking to curry favor with environmental voters in urban areas of |
California and Arizona, issued a proclamation establishing the 2 million acre Grand Staircase National Monument. Demonstrating his cynical political motives, Clinton didn't even travel to Utah to make the proclamation. Instead, he chose the Grand Canyon National Park in Arizona as his announcement venue.
The challenge for us today, if we learned anything from Clinton's Monument spree, is to demand that our Congressional Representatives take action prior to any new Monument designation. Make no mistake, political shenanigans are the order of the day in Washington, DC, and both parties are looking for ways to shore up their base. Sadly, we must take a position of "no confidence" when recreational access is on the line.
This is why BRC has made the National Monument Designation Transparency and Accountability Act our highest legislative priority for this year.
This legislation would bring needed reforms and end the abuse of the Antiquities Act. It will ensure public involvement and Congressional oversight over any future National Monument designation.
Given Secretary Salazar's detailed planning for a bunch of new National Monuments, we believe it is imperative that this legislation moves during this Congress. It is absolutely vital that both the House and Senate convene hearings in Washington, DC, and in areas where Monuments have been already proposed.
You can help by signing our petition in support of the bill and by encouraging your elected representatives to support the bill. |
Is your County supporting the National Monument
Designation Transparency and Accountability Act?
Has your OHV club written in support of the
National Monument Designation Transparency
and Accountability Act?
Call 1-800-bluerib ext 107 to ask for help!
Utah Bureau of Land Management Updates
The Bureau of Land Management (BLM) Cedar City Field Office published a Notice of Intent to prepare a Resource Management Plan (RMP) and associated Environmental Impact Statement (EIS). The new RMP will include a travel plan for the approximately 2.1 million acres of BLM administered public lands in Beaver, Iron and Washington Counties in southwestern Utah. The initial scoping period ended in late December 2010, and the BLM is currently developing alternatives for the EIS.
Visit the Cedar City Field Office website for more info.
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The Bureau of Land Management (BLM) St. George Field Office formally kicked off the planning process that will result in a Comprehensive Travel and Transportation Management Plan back in May 2010. This plan will include specific route designations for motorized and mountain bike use. Meaning - if it's not on the map - it's closed! The initial scoping period ended in July 2010, and the BLM is currently developing their alternatives and doing analysis.
Visit the St. George Field Office website for more info.
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The Bureau of Land Management (BLM) Arizona Strip Field Office is developing an Environmental Assessment (EA) for a Travel Management Plan (TMP) to analyze motorized/mechanized vehicle use and non-motorized use on designated routes in the Colorado City, Littlefield and St. George Basin route designation sub-regions. The public comments period will end June 17, 2011.
Visit the Arizona Strip Field Office websitefor more info.
For further updates on these and other planning issues sign up to get our Action Alerts at
www.sharetrails.org/subscribe
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GROUNDHOG DAY
Editorial by Brian Hawthorne
Public Lands Policy Director
BlueRibbon Coalition
So.... I'm sitting in a meeting the other day, and I thought for a second I was Bill Murray's character in the movie Groundhog day.
The beginning of a long story? Don't worry... I'll keep this one short.
Over the past 14 years I've had the privilege of serving the OHV community, first as a volunteer for my local club in Colorado, then working for the Utah Shared Access Alliance and now at the BlueRibbon Coalition. In those 14 years I've been in many meetings called by people who are starting new access advocacy groups. It's been quite a joy to see new people get involved and to help new groups get started.
When folks first get involved, discussions often involve strategy and what I call "the nature of the threat." People discuss how the greenie groups have mobilized politically, legislatively and used lawsuits to close areas. It is often at these meetings that folks learn for the first time about how our adversaries are funded, how many paid staff they employ, their reluctance to compromise and their adherence to a radical philosophical view of how public lands should be managed.
This is when I start to feel like Phil Connors (Murray's character) in Groundhog Day. I sometimes get the impression we are having the same conversations, coming to the same conclusions and outlining the same action items over and over again!
Does this mean the OHV community is spinning its wheels? Making no progress? Starting new organizations only to see folks burn out and then new organizations have to start again? For example, the Utah Shared Access-Alliance
The answer is yes. And no.
Let me first emphasize that, in my opinion, OHV users are way too pessimistic. While the latest greenie lawsuit or closure is always on the tip of our tongues around the campfire, our wins are easily forgotten.
OHV advocacy groups have come a long way in the last two decades, and we have been extremely successful in numerous efforts at countering well funded and politically sophisticated efforts to eliminate OHV use. I am often surprised that OHV people have forgotten the 9-0 Supreme Court victory in 2004. (Learn more about that HERE)
Still, we have not been as successful as we need to be or could be. And we ARE spinning our wheels!
Consider the fact that most OHV advocacy organizations are populated with volunteers. For example, the Utah Shared Access-Alliance |
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describes itself as "an organization of volunteers, with just one highly skilled and dedicated employee..." Even BRC depends on local volunteer efforts to accomplish our goals. This is opposed to our well-funded adversaries who can afford to hire professional staff.
What this means is that a certain amount of wheel spin is, at least in some part, inevitable. Volunteer folks rise up to a leadership role, serve for a time, and then another volunteer takes their place. But there aren't any training or mentoring programs. No "access advocacy" degree programs at the universities, and no funding for training. That is why a bit of wheel spin is inevitable.
What's the solution? Well, at the risk of telling you what you already know, the solution is membership.
Currently, there are over 50 million OHV enthusiasts across America. But only a small fraction join any club, let alone an aggressive access advocacy group like BRC.
We've done some calculations recently. Using OHV registration numbers and club membership estimates, we estimate that less than 5% of OHV users are members of any OHV club. If we can get this percentage to, say, 15%, the situation changes.
What changes, you ask? Well, at a 15% membership rate, OHV advocacy groups can hire more staff. BRC could field a full time staff member in every state. Groups like USA-ALL is fully funded with a full time attorney, full time lobbyists and full time office staff. Just like SUWA!
I'm optimistic about the future of OHV advocacy. The new groups you are hearing about are an indication that more and more of the general public are being affected by closures. A critical mass will be reached soon, and that 15% membership figure will become a reality. When that happens, we will become as effective as our adversaries, and then our success will not be measured as miles of trails saved, but miles of trails added! |
LIST OF CLUBS IN UTAH
Join a local club, join a state organization and join BRC the top national advocacy group.
Utah Shared Access Alliance (USA-ALL)
Provo, UT
www.usaall.org
Utah 4 Wheel Drive Assn (U4WDA)
Salt Lake City, UT
www.u4wda.org
Utah Trail Machine Association (UTMA)
Provo, UT
www.utma.net
Utah ATV Association
West Valley, UT
www.utahatv.info
Utah Snowmobile Association (USA)
Sandy, UT
www.snowut.org
Red Rock 4 Wheelers
Moab, UT
www.rr4w.com
Canyon Country 4x4 Club
Kanab, UT
www.canyoncountry4x4club.com
Ride With Respect
Moab, UT
www.ridewithrespect.org |
Castle Country OHV Association (CCOHVA)
Price, UT
www.ccohva.org
Northern Utah ATV Trail Riders
Layton, UT
www.nuatv.com
Dirthedz Offroad Club
Orem, UT
www.dirthedz.com
Tri-State ATV Club
Hurricane, UT
www.atvutah.com
UT / AZ ATV Club
Kanab, UT
www.utazatvclub.org
Rockaholics Anonymous
Taylorsville, UT
www.ra4x4.org
Moab Friends-For-Wheelin
Moab, UT
moabfriendsforwheelin.com
Lone Peak 4 Wheelers
Lindon, UT
www.lonepeak4wheelers.com
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Bridgerland Trail Riders Association (BTRA)
Millville, UT
www.xmission.com/~jborg/btra
San Juan Public Entry & Access Rights (S.P.E.A.R.)
Blanding, UT
www.spear4all.com
SouthEastern Utah O.H.V. Club (SEUOHV CLUB)
Ferron, UT
www.seuohvclub.org
Rocky Mountain Sledders (RMS)
Bluffdale, UT
www.rmsledders.com
Sage Riders Motorcycle Club
Lehi, UT
www.sageridersmc.com
Southern Utah OHV Club Inc
Richfield, UT
www.suohvclub.org
Utah Back Country Pilots Association
Woods Cross, UT
www.utahbackcountrypilots.org |
BlueRibbon Coalition Work and Play in Utah!
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BRC feels privileged to work with a wide variety of OHV clubs and organizations in Utah. Utah is a good example of how the TEAM approach (Together Everyone Accomplishes More) works.
But our efforts are not all limited to work, and even some of the work is quite enjoyable. Here is a short list of some of the more memorable work and play in Utah.
- Supported Take Back Utah and Utah Shared Access Alliance in mobilizing citizens at the Utah State Capital.
- Submitted Comments on the BLM-Cedar City FO RMP Scoping demanding that the loss of OHV trails across the state be incorporated into the decision making process and that a "pro recreation" alternative be developed.
- Submitted Comments on the BLM-Glen Canyon NRA ORV Plan insisting all dirt roads be kept open for OHV use and setting the stage for an appeal of any closures
- Submitted Comments on the BLM-St. George FO TMP & RMP revision continuing our participation in this scenic area, and insisting the BLM compensate the OHV community for the loss of the Canaan Mountain Saw Mill Road.
- Fought to keep BLM from continuing closures near 10 Mile Wash in the BLM's Moab Field Office.
- Attended Interior Secretary Ken Salazar's "explanation" of Secretarial Order 3310 mandating a never ending inventory of BLM lands for Wilderness characteristics.
- Attended Interior Secretary Ken Salazar and BLM Director Bob Abbey's "listening session" on the Great Outdoors Initiative.
- Attended the Carbon County OHV Club's Annual Banquet and Barbeque.
- Attended the Utah Trail Machine Association's Annual Christmas Banquet and Dinner.
- Helped to expose secret plans to grab 13 million acres as National Monuments, including 2 new Monuments in Utah.
- Collected petitions in support of the National Monument Designation Transparency and Accountability Act at the Easter Jeep Safari
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| BRC's Del and Stacie Albright ham it up at the Easter Jeep Safari with Jessi Combs. Jessi was the co-host of Xtreme 4x4 on Spike TV and has appeared on the TLC series Overhaulin and MythBusters on the Discovery Channel. |
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| Brian Hawthorne breaks leg while riding in Moab 2010 – but he’s back riding now! |
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| BRC supported Take Back Utah and Utah Shared Access Alliance in mobilizing citizens at the Utah State Capital. |
Riders taking a much-needed break while riding the Five Miles of Hell Trail in the San Rafael Swell. |
BRC supported citizen’s protest opposing a federal taking of public highways in Kane County. |
