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Arizona National Forest Service Rangers are denying motorcycle access....

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A federal district court in California issued an order invalidating certain parts of the NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES rules contained in the Code of Federal Regulations.

These regulations deal with proposed actions implementing national forest land and resource management plans prior to a final decision by the responsible official, and appeals of decisions once made.

A letter dated September 23, 2005 was sent out by the office of the Chief of the National Forest Service which directed:

"
For projects and activities implementing land and resource management plans
for which the final decision was made after July 7, 2005, Line Officers will ensure that all categorically excluded proposed actions are subject to the notice, comment and appeal provisions of 36 CFR Part 215 that were not invalidated by the court. The project or activity [implementing land and resource management plans] should be suspended until this process has been completed." (emphasis and bracketed text added)

As a result of this directive, NFS Rangers in Arizona are denying special use permits for motorcycle activities on national forest lands. An enduro race organizer was told he would not be issued a permit, and the organizer of a dual sport event had a permit REVOKED for an event that had been approved and was scheduled for Oct. 8.

It is very unclear what the California federal district court orders, which affect NFS action under 36 CFR 215, have to do with special use permits which are issued under 36 CFR 251.

A close review of the relevant California court orders, the Sept. 23 National Forest letter and Parts 215 and 251 of the Code of Federal Regulations reveals no connection between the issues that were litigated in court and addressed in the letter, on the one hand, and the issuing of special use permits for recreational or commercial group activities such as the enduro race and the dual sport event, on the other. Neither of these activities involve land and resource management plans nor do they pertain to the public review, comment and appeal rules that were invalidated by the court.

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If anyone knows any National Forest administrators, federal district or appeal court judges, or attorneys who have contacts with the National Forest Service or the federal courts, please PM me.

Also, could someone please post a link to this thread in as many off-road, ATV, motorcycle forums as you know of. Please use the same title in your posts as this one. Thanks!

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I have posted as "Critacal Exclusions Please Read" this is going a big stink all over, even with the fed gov, boy'girl scouts ect... It was a lawsuit in Sequia National Forest that a fedral judge ruled on and implemented nation wide. you find more at www.sharetrails.org, I know that the BRC and AMA-D36's LAO are working on it also, should be some type of countersuit/stay coming soon.

I believe this is on of the biggest piece of BULLSH*T rulings we have ever seen.

Kraig Traum

D36 Committeeman

CERA President

www.cera.org

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I was at Stakeholders last week in Sacramento. One of the attendees got up in front of the group and pleaded and begged for these lawsuits to stop. It's hurting everyone. Shutting out people from using the forests and deserts isn't the answer. One little thing that will have a big impact on our use of the forests is quiet bikes. The quieter the better. There is no other issue causing more closures and conflicts than noise. If they don't hear us, most of the time they don't know we're there.

When you see someone post here about letters needed, write a letter. Use personal experiences to paint a picture of how you recreate in that area. Let them know you vote. One letter has an impact. Mass mailings of form letters dont. Try to fax or e-mail the letter if you can. 9-11 has changed the way letters get delivered to lawmakers.

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I was at Stakeholders last week in Sacramento. One of the attendees got up in front of the group and pleaded and begged for these lawsuits to stop. It's hurting everyone. Shutting out people from using the forests and deserts isn't the answer. One little thing that will have a big impact on our use of the forests is quiet bikes. The quieter the better. There is no other issue causing more closures and conflicts than noise. If they don't hear us, most of the time they don't know we're there.

When you see someone post here about letters needed, write a letter. Use personal experiences to paint a picture of how you recreate in that area. Let them know you vote. One letter has an impact. Mass mailings of form letters dont. Try to fax or e-mail the letter if you can. 9-11 has changed the way letters get delivered to lawmakers.

Dont kid yourself. Sound is not their problem, it's just a very easy indentifiable way to win. When everyone adopts 96 dba's the greenies wont stop. They'll simply go back to their previous mantra of artificial erosion and pollution.

the best way to combat them is by joining BRC or sharetrails. They regularly send mass emailings to all the members who in turn electronicially sign and send letters to their respective senators and congressmen. It's those emails that are our biggest weapons, as it is the best way to show just how many of us there are.

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