Land Use/OHV Access Issues

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Doing our part to help keep trails open is EVERYONE's responsibility, or soon we will have no places left to ride.  If you have ever enjoyed (or ever hope to enjoy) any of these places, please take just a few spare minutes of your time and write a letter, or make a phone call, to tell the right people how you feel.

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Information for the Private Landowner and people riding on your land.  Learn about liability and laws regarding private land use for recreational purposes

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Tennessee Code Annotated regarding natural areas and recreation; the legal aspects of riding and land use

From: "Iva Michelle Russell" <iva@ivamichellerussell.com>
Subject: OHV Legislative Letter Prototypes
Date: Tue, 29 Jan 2008 07:21:44 -0600

Hello gang, one of our crew from Memphis asked me to write something up for him to use, so I thought I would pass it on to you. Keep those efforts coming, more and more legislators are signing on to the bills. Congrats! Michelle

Legislative Letter Prototypes..
When addressing your State Senator, it would go something like this...

Dear Sen. __________,

I am an avid OHV enthusiast in the ___________ area. There is currently a bill being introduced in this session by Sen. Jim Tracy that I would like you to consider signing on to.

SB3764 switches the OHV managing agency from TWRA to TDEC. The Off Highway Vehicle Act was passed by both legislative bodies and signed by the Governor in 2003 and enacted in 2004 (TCA Title 70, Chapter 9). Its premise was to create a statewide system of sustainable OHV trails.

We are losing OHV riding areas everyday it seems, and feel that the original Act's premise is not being addressed in its current home at TWRA. After reading the Tennessee State Recreation plan, I feel that TDEC is better suited to create a statewide OHV program that was overwhelmingly mandated by our state legislative and executive bodies.

Thank you for your consideration in this matter. There are many more like me out there that would appreciate any help you can give us.

Kindest Regards,

Name
Address
Phone

When addressing your State Representative, it would go something like this...

Dear Rep. __________,

I am an avid OHV enthusiast in the ___________ area. There is currently a bill being introduced in this session by Rep. Judd Matheny that I would like you to consider signing on to.

HB3339 switches the OHV managing agency from TWRA to TDEC. The Off Highway Vehicle Act was passed by both legislative bodies and signed by the Governor in 2003 and enacted in 2004 (TCA Title 70, Chapter 9). Its premise was to create a statewide system of sustainable OHV trails.

We are losing OHV riding areas everyday it seems, and feel that the original Act's premise is not being addressed in its current home at TWRA. After reading the Tennessee State Recreation plan, I feel that TDEC is better suited to create a statewide OHV program that was overwhelmingly mandated by our state legislative and executive bodies.

Thank you for your consideration in this matter. There are many more like me out there that would appreciate any help you can give us.

Kindest Regards,

Name
Address
Phone

Hope this helps your efforts,

Michelle
www.ohv4tn.org

Okay Tennessee OHV'ers, the OHV agency switch (from TWRA to TDEC) has been introduced in both the House and the Senate. HB3339 & SB3764. The verbiage is mostly the same as the TCA Title 70, Chapter 9.

For those of you new to the Tennessee Off Highway Vehicle Act of 2003, the perseverance of a lot of dedicated people over a 10+ year period of time, culminated in the creation of this Act which was signed into law by both the legislature and the current Governor and enacted in 2004. The Act's intent was for a statewide system of OHV trails to be created in the state of Tennessee.

This OHV program has been housed ever since at TWRA. We should always be thankful for that courtesy because the program was pretty much foisted onto them. Because of that, the true intent of the Act was never really developed. And you really can't blame them, that kind of situation happens more times then we all care to admit. But now we have the opportunity to see the program actually birthed at an agency (TDEC) who has the ability and the mission statement to get the job done. Believe it or not, OHV use is in the "critical unmet needs" category for the Tennessee State Recreation plan. Funny, we knew that we've been in critical status for quite some time. But, you know, it is always refreshing to read it in print from a government agency.

Here is where we need your help. Although, in theory, this is just "housekeeping" legislation with no fiscal note attached, it would be ideal to have as many legislators as we can to sign on to it before it comes up for a vote. Today is January 21, don't wait for more than 30 days from today to make that call. Remember, they are public servants, and you are the public. They really do want to hear from you.

Here are the bill details:

Rep. Judd Matheny is the House sponsor (HB3339)

Sen. Jim Tracy is the Senate sponsor (SB3764)

If you need any assistance, do not hesitate to shoot me an email (iva@ivamichellerussell.com). I will look up your legislator contact information and/or guide you thru the process. It is really pretty easy.

And when you get a chance, go to our website www.ohv4tn.org and sign the guestbook if you haven't done so already. That will put you automatically in the loop for all updates like the one you are reading about today. And mark your calendars for May 31. At this conference, we will be putting together the OHV State Organization that will help guide this new program. We need all heads at the table.

And BTW, the reason why all of this is happening is because SFWDA hired a lobbyist last year (yours truly) to find a way to get this program up and running. That is your dues at work. You can also thank one man, Steve Melton, and all the Steves and Helens and Daves and everyone in between out there who passionately care about the future of their hobby/sport. You make it all happen. Your dreams and your vision keep the rest of us reaching for that brass ring.

Onward Ho!

Iva Michelle Russell

www.ohv4tn.org

PS. You may cut and paste this forum item and spread it to everyone and everywhere it needs to go... And don't forget, CALL YOUR LEGISLATOR TODAY!!

Tennessee Department of Environment and Conservation (TDEC) is taking a survey regarding the future of off-roading in Tennessee.   Click the link below, PRINT ONE, FILL IT OUT, AND MAIL IT TO THE ADDRESS ON THE BOTTOM OF THE SURVEY!  It needs to be in BEFORE June 12th!

http://www.tennessee.gov/environment/recreation/pdf/2007gtsurvey.pdf
 

Read the rough draft of the new OHV House Bill here:  OHV House Bill.

This bill  is to start the Tennessee OHV Program and if passed it is basically to OHV (Off Highway Vehicles) as the Pittman-Robertson Act is to hunting.  It is to start the ball rolling on the TN OHV program to buy lands for that purpose, and be a self-funding program.  (Pay to play) We have to get this program going or we will continue to see lands bought up by groups like the Nature Conservative and government designations and closed to OHV users like Scotts Gulf, and the Big South Fork was.  If this program was in effect at the times those area were made they would continue to allow us in those areas.  The University of Tennessee Study shows a 4.5 Billion dollar economic impact to this state and small communities if we can get a good program started and established. 

                                                                                                                                                        - David Borum

Tell the Forest Service why you enjoy off-road recreation. Written
comments are now easier online and provide a wealth of support for
motorized recreation on public lands.

http://www.fs.fed.us/r2/recreation/forums/

-Georgia

Help resist closure in the
Southeast region -

Posted by request - Subject: Tellico Closure Order

Just to keep you informed - the new order for Tellico has been signed by the Forest Supervisor, effective January 30, 2007.  We will be implementing the seasonal trail closures on Lower Trail 2, Trail 7, Trail 9, and Trail 10 as soon as possible. We will also be installing the camping restriction signs along Trails 1 & 5 as soon as possible. This work will probably begin next week, weather permitting.

The new order prohibits the following acts:

1. Camping in the Allen Gap and State Line trailhead parking areas - (and yes this does include staying inside a totally enclosed RV parked there).

2. Roadside camping on Trail # 1 and Trail # 5, except in those areas designated by posted sign. 3. Possession or use of a motorized vehicle on the lower section of Trail 2, or on Trails 7,9, and 10 from January 1 through March 31 on an annual basis.

If you could get this information out on your web site I would appreciate it and also notify your membership so we can begin spreading the word around.

If you have any questions etc. please feel free to call me anytime.

Thanks.

Bill Champion
Supervisory Forester
Tusquitee Ranger District
Phone: 828-837-5152 ext. 109
Fax: 828-837-8510
E-Mail: bchampion@fs.fed.us

BLUERIBBON COALITION ACTION ALERT!

Dear BRC Action Alert Subscriber,

Attention All Recreationists!

 National Off-Highway Vehicle Conservation Council (NOHVCC) has just emailed us their press release on the Instructional GPS Trail Mapping DVD which is now available. This is an outstanding tool to help riders and land managers save their favorite Forest Service trails during the Motorized Vehicle Route Designation process.

This DVD was developed jointly by the National Off-Highway Vehicle Conservation Council (NOHVCC), the Colorado Off-Highway Vehicle Coalition (COHVCO) and the Motorcycle Industry Council (MIC) with input from the USDA Forest Service (USFS), BlueRibbon Coalition, Americans for Responsible Recreational Access (ARRA), American Motorcyclist Association (AMA), Specialty Vehicle Institute of America (SVIA) and the United Four-Wheel Drive Association (UFWDA).

To read NOHVCC's Press Release or order your copy click the following link. http://www.nohvcc.org/IMAGES/prgps.asp. For more on the upcoming Route Designation workshops visit their Forest Service OHV Route Designation Page at http://www.nohvcc.org/forest/forest.asp.

 Thanks in advance for your support,
Brian Hawthorne
BlueRibbon Coalition
208-237-1008 ext 102

The new database, LAND, has been launched!  ARRA in partnership with the Motorcycle Industry Council (MIC), the Specialty Vehicle Institute of America (SVIA), the National Off-Highway Vehicle Conservation Council (NOHVCC), the American Motorcyclist Association (AMA), United Four-Wheel Drive Associations (UFWDA), and the Blue Ribbon Coalition (BRC) have joined together to develop this important tool to collect and disseminate information regarding the U. S. Forest Service Travel Management Rule.
 
https://online2.svia.org/Land/login.aspx?ReturnUrl=%2fland%2fDefault.aspx
 
We encourage all ARRA members to familiarize themselves with this database and to begin using it so that we can have access to the latest information relating to the implementation of the Travel Management Rule.  Active participation on the part of ARRA members will help ensure that when the implementation process is completed, as many roads and trails as possible will have been designated for off-highway vehicle recreation.
 
Americans for Responsible Recreational Access

BREAKING NEWS! (from the Blue Ribbon Coalition http://www.sharetrails.org/):
Your calls and emails are working!
House appropriations subcommittee restores nearly all funding for
Forest Service Recreation and Trails budgets.
 
In a bulletin released by FEDERAL PARKS & RECREATION,  (www.plnfpr.com/coffin3.htm) a Washington D.C. based natural resource news service, the House subcommittee on Interior Appropriations today approved a fiscal year 2007 Interior and related agencies appropriations bill. The release of the budget bill kicks off the annual budget battle on Capitol Hill
The subcommittee approved $262 million for Forest Service recreation, or $11 million more than the Bush administration budget, and approved $73.4 million for the Forest Service trails budget, or $13 million more than the administration's request.
That just about restores the funding level from the previous year's budget. Given Forest Service Chief Dale Bosworth's strong statement about "Unmanaged Recreation," recreationists should push for increased funding of these important programs.
I need to shout out a super special thanks to all of our members who took the time to call or email their legislators in support of funds for recreation and trails. Also, many thanks to BRC's member clubs for writing their legislators on this important issue.
Finally, a tip of the hat to Larry Smith over at Americans for Responsible Recreational Access (ARRA) as well as our partners at the the American Motorcyclist Association (AMA). I know their D.C. staff worked this issue closely.
Is the game won? Sadly, no. The "silly season" of budget wrangling has just started. We still will need to work hard to keep the funding where it is, and we'll need a renewed grass-roots push if we expect to get increased funding levels.
So, if you haven't already, please take a minute and access our Rapid Response Center and send a message to your legislators.  http://capwiz.com/share/issues/alert/?alertid=8609761&
Tell your friends and family too.
Thanks again for helping us on this important budget issue.
Brian Hawthorne
Public Lands Director
BlueRibbon Coalition
208-237-1008 ext 102
PS I pasted our original action alert below for your reference

Media Release: FS Rec and Trail Program Alert
Date: March 22, 2006
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Urgent Action Needed: Congress considering drastic cuts in Forest Service Trails Budget!!
Dear BRC Action Alert Subscriber,
This may seem unbelievable to you, but at a time when recreational trail use is increasing in popularity with tens of millions of Americans, Congress is considering major reductions in the budget for trail maintenance on National Forests.
The Bush Administration's proposed budget would reduce Trails funding for the Forest Service by 19.4% for a total decrease of $14.5 million. Recreation funding would be cut by 4% for a decrease of $10 million.
What you need to do:
BRC needs you to contact your House and Senate representatives and let them know that you want funding for National Forest Recreation and Trails programs restored.
BRC has made it easy for you to send your representatives an email. Click the link below to go to our Rapid Response Center.
Click here:
http://capwiz.com/share/issues/alert/?alertid=8609761&type=CO
This issue is critically important -- so we are requesting an additional ACTION ITEM.
Please consider taking just a few minutes to call your Congressman and both your Senators today.
Simply click the link http://capwiz.com/share/home/
Enter your zip code where it says "Elected Officials" to find the contact information for your House and Senate representatives. Take just a few minutes to contact your representative about the cuts in the FS Trail program budget. Use the comment suggestions below.
Thank you in advance,
Brian Hawthorne
Public Lands Director
BlueRibbon Coalition
Tips for calls regarding Forest Service Trails budget cuts:
Be brief. Be polite.
Tell the staff that you are calling about the proposed cuts for the National Forest Recreation and Trails programs.
Tell the staff that you are concerned that the Administration's budget calls for a 19.4% cut in Trails budget. Tell them you oppose those cuts.
Tell the staff caring for our National Forests and making them accessible to all Americans is a high priority for you and your family.
Ask your representative to reject any attempts to cut the Forest Service Trails and Recreation programs.
Ask your representative to restore the National Forest Recreation and Trails programs to a level equal to that which the Congress appropriated in FY 2006

There have been many claims about the growth of OHV recreation.

The linked file (coming soon) is a news release from the Forest Service citing statistical data that supports that statement.

In general, note:

2000 - 17.6% of the population (37.6 million)
2002 - 19.3% of the population (41.4 million)
2004 - 23.2% of the population (49.6 million)

And, there are claims that access to wheeling areas is decreasing.

These numbers, along with US Census data about population trends, is important as we move into the future.

This data will be driving policy changes that will affect your recreation opportunity.

If you know of any upcoming Land Use/OHV Access issues in our area, please email webmaster@cumberlandoffroad.com and it will be added to our site.