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If this ain't a wakeup call...

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Guys, this is what were up against. It ain't pretty.

Date: September 30, 2005

To: All Enduro Riders within FTR, SE&TRA & SERA

From: Tallahassee Trail Riders – Tallahassee, FL

Subject: CANCELLATION NOTICE – Capital City Enduro & JR. Enduro

The Tallahassee Trail Riders regret to inform you that the 34th Annual 2005 Capital City Enduro and JR. Enduro scheduled for October 15/16, 2005 has been CANCELLED.

The court order recently released by a federal court (see News Release from BRC below) suspends all national forest activity affecting not only recreational events but many other activities on a national level.

Our local USFS District Ranger just this week notified TTR of this ruling. After several discussions between TTR & the USFS, and the attorney’s for the AMA and BRC on this issue…as well as conversations with our own FTR officials (Jack Terrell & Dan George), TTR has decided it best, under the time constraints given, to CANCEL our upcoming enduro.

We do expect this event to be rescheduled at a later time in the season.

TTR encourages all to write their congressmen expressing your views on this decision, as well as the National Dept. of Agriculture/USFS personnel. And we encourage you to join the AMA, BRC, FTR & other bodies fighting this type of anti-access groups that try to prevent responsible recreation on our public lands!

With deepest regrets,

Executive Officers

Tallahassee Trail Riders

BLUERIBBON COALITION, INC. (BRC)

NEWS RELEASE - FOR IMMEDIATE RELEASE

Contact: Brian Hawthorne

Phone: 208-237-1008 ext. 102

Date: September 29, 2005

ANTI-RECREATION LAWSUIT BANS FOREST ACTIVITIES

POCATELLO, ID (Sept. 29) – A recent order by a federal court prohibits the U.S. Forest Service from using streamlined regulations to permit many popular recreational activities as well as projects that reduce hazardous fuels and improve wildlife habitat.

On July 2, 2005 the United States District Court for the Eastern District of California issued an Order banning the use of Categorical Exclusions (CEs). The ruling requires any forest project using a CE to include a formal public notice, be available for public comment and give the public the option of appealing the decision. The order applies to all decisions made with a CE after July 7, 2005. It also applies nationwide.

The court order is a result of a lawsuit filed by the following anti-recreation groups; the Earth Island Institute, Sequoia Forest Keeper, Heartwood, Center for Biological Diversity, and the Sierra Club against a timber project on the Sequoia National Forest.

A CE is a category of actions that do not have a significant effect on the environment and therefore do not require an Environmental Assessment (EA) or Environmental Impact Statement (EIS). CEs are allowed under the National Environmental Policy Act (NEPA). They simplify documentation -- not eliminate it -- for those actions that clearly do not have a significant effect on the environment. Such permitted activities include certain off-road vehicle events, mountain bike tours and group outings for organizations such as the Boy or Girl Scouts.

Brian Hawthorne, Public Lands Director for the BlueRibbon Coalition, states, “I think the green groups have gone too far with their anti-recreation agenda. They seek to create a virtual ‘analysis paralysis’ in the Forest Service to advance their agenda. Sadly, it is the responsible recreating public will suffer because of their extreme positions.”

"I believe the American public will see this for what it is - radical environmentalism run amok. If a project meets the specific and limited criteria for Categorical Exclusion and cannot have a significant effect on the environment, land managers should not be forced to complete an unnecessarily lengthy and wasteful analysis. " Hawthorne added.

This decisions impact projects such as the Capitol Holiday Tree program, which allows a tree from a different national forest to grace the lawn of the U.S. Capitol throughout the holiday season—a proud tradition for nearly 40 years. “Instead of approving such projects with a streamlined permit using CEs, the agency must now enact a lengthy 135 day notice, comment, and appeal process,” Hawthorne said. “It’s not just the mom and pop recreation clubs that get hurt, but great American traditions like placing the Christmas tree on the White House lawn are affected as well.”

Hawthorne noted that the ruling potentially affects hundreds of projects throughout the country, including projects that will reduce hazardous fuels and improve wildlife habitat. Hawthorne added; “The effects of the decision are not yet completely understood and it will take some time to fully assess a strategy of action. BRC remains committed to protecting recreational access to public lands and will be watching the situation closely.”

More info on the ruling: http://www.fs.fed.us/emc/applit/litigation.htm

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide.

1-800-258-3742. www.sharetrails.org

--------------

FTR Business Office

"We must ban together or be banned together.

A Trail Bike is no good without trails."

Be Silly. Be honest. Be kind.

--Ralph Waldo Emerson

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And..............

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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But I am sure the OHV community will rise and stand valiantly against our foes............

Yea right, apathy rules, coming soon to a forest near you.....

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CRAAAAP!

Makes me want to dump some used motor-oil in creek.....

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man oh man! don't dump that oil.....we'll need all the used oil so we can "tar and feather" some of the green whackos! i used to work at a papermill, we had a group of econuts come to protest. one of them handcuffed himself to a chain link fence near the truck scale. he didn't notice the fire ant mound he was standing in when he clicked the cuffs shut. didn't take that smelly tofu punk long to figure it out. welcome to south carolina goofy!!

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Too bad the video cam didn't pick up the fire dance . $10,000.00 !!! on americas funniest videos !

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