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Motorized Mixed Use Analysis on Forest Service Roads in Idaho How did we
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Update 4-4-2011 Okay, it might not have been pretty but you only have to get one more vote or one more point to win! Now to the House floor, would you believe TOMORROW! That means we have to send our messages immediately. The message is simple, Please support S 1001 a. Identify yourself. If you are representing a club, tell them a little about it, size, family oriented, you know the drill. The really good news is Representative Roberts from Valley County came to the committee meeting, testified for the bill and is carrying it on the floor. He understands the issue and is excellent on the floor. Get those messages sent and stayed tuned! Thank you in advance for contacting these folks. District 35 Lbarrett@house.idaho.gov Lenore Barrett D 34 mshirley@house.idaho.gov Mack Shirley draybould@house.idaho.gov Dell Raybould D 33 jthompson@house.idaho.gov Jeff Thompson D 32 Jmcgeachin@house.idaho.gov Janice McGeachin Esimpson@house.idaho.gov Erik Simpson D31 mgibbs@house.idaho.gov Marc Gibbs Tloertscher@house.idaho.gov Thomas Loertscher D 30 Rlacey@house.idaho.gov Roy Lacey Esmith@house.idaho.gov Elaine Smith District 29 kandrus@house.idaho.gov Ken Andrus jguthrie@house.idaho.gov Jim Guthrie D 28 Dlake@house.idaho.gov Dennis Lake jmarriott@house.idaho.gov Jim Marriott D 27 fwood@house.idaho.gov Fred Wood D 26 Jstevenson@house.idaho.gov Bert Stevenson mbell@house.idaho.gov Maxine Bell D 25 Wjaquet@house.idaho.gov Wendy Jaquet dpence@house.idaho.gov Donna Pence D 24 Sblock@house.idaho.gov Sharon Block D 23 jpatrick@house.idaho.gov Jim Patrick shartgen@house.idaho.gov Stephen Hartgen D 22 pnielsen@house.idaho.gov Pete Nielsen D 21 jvanderwoulde@house.idaho.gov John Vander Woude cbayer@house.idaho.gov Clifford Bayer D 19 cbucknerwebb@house.idaho.gov Cherie Buckner-Webb Bcronin@house.idaho.gov Brian Cronin D 17 Schew@house.idaho.gov Susan Chew D 16 gburgoyne@house.idahyo.gov Grant Burgoyne ehiggins@house.idaho.gov Elfreda Higgins D 15 lluker@house@house.idaho.gov Lynn Luker mblack@house.idaho.gov Max Black D 14 mmoyle@house.idaho.gov Mike Moyle reedd@house.idaho.gov Reed DeMordaunt D 13 Bcrane@house.idaho.gov Brent Crane Cperry@house.idaho.gov Christy Perry D 12 Rschaefer@house.idaho.gov Robert Schaefer Gcollins@house.idaho.gov Gary Collins D 11 sthayn@house.idaho.gov Steven Thayn Cbilbao@house.idaho.gov Carlos Bilbao D 10 Gbatt@house.idaho.gov Gayle Batt dbolz@house.idaho.gov Darrell bolz D 9 ldenney@house.idaho.gov Lawerence Denney Speaker of the House Need to get lots of email messages jboyle@house.idaho.gov Judy Boyle D 8 Pshepherd@house.idaho.gov Paul Shepherd D7 jrusche@house.idaho.gov John Rusche D 6 ttrail@house.idaho.gov Tom Trail D 4 mchadderdon@house.idaho.gov Marge Chadderdon D3 vbar@house.idaho.gov Vito Barbieri D 2 smcmillan@house.idaho.gov Shannon McMillan dharwood@house.idaho.gov Dick Harwood D 1 eanderson@house.idaho.gov Eric Anderson Geskridge@house.idaho.gov George Eskridge
Update 4-1-2010
From:
Sandra Mitchell
Interesting isn’t it? Our bill was the first introduced in the Senate and the last to be heard in the House Transportation Committee! As they say, this is for all the marbles (why do they say that?). If we don’t get it through the committee on Monday, it is over, no other chances. If at all possible come to the hearing and testify. You don’t have to say anything more than who you are and who your represent and that this is good solid legislation that is needed to protect recreational opportunities on Forest Service roads for Idaho families. You can say it much better than that! I want them to understand the urgency of it all! Please if you haven’t contacted the legislators on the Transportation Committee, do so now. Thank you for all your help! After this, assuming we get through, only one more step! -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Thank you again to those who have taken time to help notify the Senate with Comments of Support. Below is the information we received from Sandra today. From Sandra Mitchell in Boise Thanks to Senator McGee who did a great job with the debate and to all the senators who voted for our bill, and to the Governor who asked them in writing to support our bill and to you guys who took the time to let them know how important this legislation is, our bill passed 26 to 9. (By the way, Senator Davis almost voted for it!) Step two is complete now on to step three, the House Transportation Committee. I am working on getting us on the agenda tomorrow, don’t know if it is possible but we will try. if not, we have to wait until Monday. At least two senators mentioned all the messages they had received from users so we know it makes a difference, now you need to work your magic on the House Transportation Committee. Please contact
them as soon as possible with a simple, polite message,
asking them to “support S 1001 because it is a
responsible piece of legislation that will help protect
access to Forest Service roads for Idaho Families.”
Please leave your name and address and give them
personal information like how important OHV riding is to
your family or how often you ride. I have attached our
information sheet on the bill if you are looking for
material. Also, clubs can send a message on behalf of
their membership. Just tell them a little about your
club. Chairman Leon Smith Twin Falls, District 24 lsmith@house.idaho.gov Vice Chair Phil Hart Hayden plhart@house.idaho.gov JoAn Wood Rigby jawood@house.idaho.gov Scott Bedke Oakley sbedke@house.idaho.gov Rich Wills Glenns Ferry rwills@house.idaho.gov Bob Nonini Coeur d’Alene bnonini@house.idaho.gov Marv Hagedorn Meridian, District 20B mhagedorn@house.idaho.gov Joe Palmer Meridian, District 20A jpalmer@house.idaho.gov Linden Bateman Idaho Falls, District 33 lbateman@house.idaho.gov Julie Ellsworth District 18A jellsworth@house.idaho.gov Frank Henderson Post Falls fhenderson@house.idaho.gov Jeff Nessett Lewiston jgnesset@house.idaho.gov Shirley Ringo Moscow sringo@house.idaho.gov Phylis King Boise, District 18B pking@house.idaho.gov Bill Killen Boise bkillen@house.idaho.gov
Thank you and keep on working! Click here for more general information about the Bill - S1001 (Acrobat reader required)
Updated 3-28-2011 The Senate got hung up on legislation dealing with Medicaid so our bill will come up for a vote tomorrow morning at 9:30—after all the opening remarks and business issues are handled. The rules have been suspended for it so it will go straight to a vote. Thanks for sending in comments to our Senators…trust me when I say, they have heard from you. - Sandra
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From:
Sandra Mitchell
Sent: Thursday, March 24, 2011 11:32 AM
Subject: Read out loud! "If it is going to be, it
is up to me"
For those of you are following this legislation, you know it has been a most interesting ride. The bill was introduced by the fine Senator from Canyon County, Senator John McGee but it was stalled for a legitimate reason. The bill was appropriately amended. The bill is now on the move again this time with a letter from the Governor supporting it. If this bill is to pass, it is up to you. I need your help to get it through the senate, then the house transportation committee and then the full house. But let’s take one body at a time. First the Senate: Would you please contact your Senator and every senator you know and ask them to support S 1001. Your message doesn’t have to be long, you can simply say, “Please support S 1001a. I sincerely believe that passage of this legislation will greatly reduce the Forest Service issues and concerns and better allow us to fight to keep public access available to Idaho residents and visitors to our state as well.” Please give them your name and address. If you represent a club in the area, send a message for the club and tell them a little about your group. Whatever you say, be polite and respectful. This is a amazing group that is working hard for us and taking stands that requires great courage. I have attached the letter that is going to every Senator on the issue. (See bottom of this section for the letter or click here) This needs to be done by the middle of next week but if you anything like me, it is best to do it immediately. I have attached the names and email addresses of all senators: (I have not included the senators that are on the Transportation Committee because they have already been worked) jbroadsword@senate.idaho.gov District 2 Joyce Broadsword sjvick@senate.idaho.gov District 3 Steve Vick jgoedde@senate.idaho.gov District 4 John Goedde Dschmidt@senate.idaho.gov District 6 Dan Schmidt Jstegner@senate.idaho.gov District 7 Joe Stegner snuxoll@senate.idaho.gov District 8 Sheryl Nuxoll mpearce@senate.idaho.gov District 9 Monty Pearce msmyser@senate.idaho.gov District 11 Melinda Smyser cmckenzie@senate.idaho.gov District 12 Curt McKenzie Palodge@senate.idaho.gov District 13 Pattie Ann Lodge Jandreason@senate.idaho.gov District 15 John Andreason lbock@senate.idaho.gov District 16 Les Bock Mitchtoryanski@senate.idaho.gov District 18 Mitch Toryanski Nlefavour@senate.idaho.gov District 19 Nicole LeFavour Smckague@senate.idaho.gov District 20 Shirley McKague rfulcher@senate.idaho.gov District 21 Russell Fulcher lheider@senate.idaho.gov District 24 Lee Heider Mstennett@senate.idaho.gov District 25 Michelle Stennett dcameron@senate.idaho.gov District 26 Dean Cameron ddarrrington@senate.idaho.gov District 27 Denton Darrington Sbair@senate.idaho.gov District 28 Steve Bair emalepeai@seante.idaho.gov District 30 Edgar Malepeai dmortimer@senate.idaho.gov District 32 Dean Mortimer bmdavid@senate.idaho.gov District 33 Bart Davis bhill@senate.idaho.gov District 34 Brent Hill Jsiddoway@senate.idaho.gov District 35 Jeff Siddoway Thank you! P.S. I will send you a copy of the amended bill as soon as I get it. The amendments were technical in nature and didn’t change the intent of the bill. Sandra
1810 State Street. #108, Boise, ID 83702 S. 1001
S. 1001 is a responsible and needed piece of legislation. In order to understand why the Idaho Recreation Council supports this legislation, it is important to understand the background and how and why we got where we are. In the Forest Service’s 2005 OHV Rule, there was a requirement that each National Forest analyze safety issues resulting from mixed uses on their roads. The Regional Foresters from Region 1 and 4 determined that since Idaho had a law requiring all OHV riders to be licensed, safety wasn’t an issue here and no analysis was needed. In 2009, however, Idaho law was changed and unlicensed OHV riders were allowed to ride on Forest Service roads to connect from one trail to another if they were supervised. This change immediately caught the attention of the Regional Foresters who determined that the change required them to now do the mixed use analysis. The Idaho Recreation Council, fearing the closure of many roads to OHVs, agreed to support legislation that would require ‘all unlicensed riders to be trained using a state (Idaho, Oregon, Utah, etc) approved program’. Such legislation was introduced in the 2010 session of the Idaho Legislature, but went nowhere. An improved version, S 1001 was introduced by Senator McGee this year. Needless to say, this news was not well received by the Forest Service. However, Governor Otter and Senator John McGee sent letters to the Regional Foresters asking for one more year to pass the legislation. Officials from the Idaho Department of Parks and Recreation, at the request of the Idaho Recreation Council, sent letters to every registered OHV owner urging them to have every unlicensed rider take the free on-line safety course. The Forest Service relented and agreed not to make ‘any decisions’ until after the 2011 legislative session. However, they did require every forest to begin to identify roads of concerns; roads where there have been accidents or where circumstances exist that make accidents more likely. If S. 1001 passes, the issue does not go away, but it does eliminate many of the Forest Service’s concerns. One forest determined their roads of concern based on the legislation passing. If that doesn’t happen, more roads will be included in the roads of concern category. If the legislation fails, the forests will still be considering opportunities to improve safety by putting up signs, brushing the right of way, or providing a parallel trail. On roads considered unsafe, such as paved two-way routes with mixed uses, they could restrict OHV use The second issue addressed in S. 1001 is the definition of supervision. Some people felt that the wording was not specific enough and that there might be some confusion as to whether a person was supervised or not. This bill clarifies the definition by requiring the supervising adult to be in a position to provide close support, assistance or direction to the unlicensed operator. Also included is a specific distance if the supervising adult is not on an OHV.
Additional information based on questions and comments concerning S 1001
1. Why does the existing law focus on 16 years of age? Existing law exempts anyone "...under the age of 16 years..." from the requirement of having a drivers license when operating "...on roads on federal or state land..." We anticipate that most young operators will have a driver's license at age 16. As worded 16 years of age is the maximum age at which the exemption applies; therefore anyone older than 16 must have a license. This precludes someone over 16 who has not obtained or has lost their driving privileges from being able to use their ATV on roads
2. Why does the law not address a minimum age for training? Youngsters grow at different rates. Some are able to fit on a machine at a younger age than others. The only requirement for the existing training course is that the child be able to fit on the machine and be able to operate the controls. This allows parents to determine when their children should be allowed to operate a machine.
3. If unlicensed riders can operate "....on roads on federal and state lands..." won't the training be required for all agencies as well? The training requirement in this bill is specifically limited to unlicensed operators on national forest roads. Trained operators may ride in other jurisdictions but the training will not be a requirement.
4. What would be the impact of simply eliminating the driver's license exemption put in place by S. 1098? Federal land managers have federal codes that allow them to apply state laws on their roads and trails. Eliminating the exemption would put all trail riding families in jeopardy, since enforcement officers could target families riding together on roads and issue citations for failure to have a drivers license. On most public land trail systems, use of roads are necessary to connect from one trail to another. This use of roads is essential to having a quality recreation experience. Elimination of the exemption would result in closure of the roads to families and a substantial loss of recreation opportunities.
5. Many times, county roads cross National Forest land and look like Forest Service roads. How can a person tell them apart? The Forest Service Motor Vehicle Use Map (MVUM) shows all Forest Service roads that are designated for motor vehicle travel. These maps do not identify county roads as designated routes. Riders need to have an MVUM to know where to ride and therefore will be able to differentiate between county and FS roads.
The Idaho Recreation Council believes S. 1001 is sound legislation for the following reasons: · Youth training will emphasize responsible use of OHVs and will reduce irresponsible activities and associated impacts. · When youth are trained, they will be able to communicate responsible use messages to adults and parents. · Adoption of a training requirement will reduce the concerns of many Forest Service officials and will reduce the need to close FS roads to OHV use. · Training on road signing and other on-road issues will make young riders safer. · Training will not be required for youth who just use trails, thereby reducing the impact of the mandate. We sincerely believe that passage of this legislation will greatly reduce the Forest Service issues and concerns and better allow us to fight to keep public access available to Idaho residents and visitors to our state as well.
Thank you for your consideration of this important issue and please do not hesitate to contact me if you have any questions or need additional information
Earlier Information from last month Feb 2011
The Regional Foresters from Region 1 and 4 determined that since Idaho had a law requiring all OHV riders to be licensed, safety wasn’t an issue here and no analysis was needed. In 2009, however, Idaho law was changed and unlicensed OHV riders were allowed to ride on Forest Service roads if they were supervised. This change immediately caught the attention of the Regional Foresters, convinced that motorized mixed use in Idaho was now a safety concern. After many conversations, a compromise was reached under which the recreation community would support legislation requiring ‘all unlicensed riders to be trained using a state (Idaho, Oregon, Utah, etc) approved program’. That legislation was introduced in the 2010 session of the Idaho Legislature, but went nowhere. The lack of support was derived, not from a lack of involvement or support from the recreation community, but from resistance by many members of the legislature to ‘mandatory education’ provisions and resentment from being pushed into passing legislation by federal officials. Needless to say, this news was not well received by the Forest Service. However, Governor Otter and Senator John McGee sent letters to the Regional Foresters asking for one more year to pass the legislation. Officials from the Idaho Department of Parks and Recreation, at the request of the Idaho Recreation Council, sent letters to every registered OHV owner urging them to have every unlicensed rider take the free on-line safety course. The Forest Service relented, sort of, agreeing not to make ‘any decisions’ until after the 2011 legislative session. However, they did require every forest to begin to identify ‘roads of concerns’, roads where there have been accidents or where circumstances exist that make accidents more likely. This year’s bill requiring mandatory education for unlicensed riders, identified as S. 1001, is sponsored by Senator John McGee and scheduled for a hearing on February 15th at 1:30 p.m. in room WW53. If S. 1001 passes, the issue does not go away, but it does eliminate many of the Forest Service’s concerns. One forest determined their roads of concern based on the legislation passing. If that doesn’t happen, I would imagine that more roads will be considered. If the legislation fails, the forests will still be considering opportunities to improve safety by putting up signs, brushing the right of way, or providing a parallel trail. On roads considered unsafe, such as paved two-way routes with mixed uses, they could restrict or close OHV use for all ATV Riders. The process being used is certainly not a full-fledged NEPA process but it does allow for public comment. Each forest has prepared a list with an accompanying map that identifies all the roads of concern. It is not every road, in fact, it is a small percentage of the total roads in each forest. It is absolutely critical, however, that folks comment on the process and also on each segment of road with which you are familiar. Links to each forest are included on this website. All comments are due on February 22nd. Not only is it important to comment, it is also important to attend the hearing in the Idaho Senate on February 15. This is an important issue that needs your attention. The Idaho Recreation Council has been involved from the start. Last year, we made a commitment to the Forest Service that we would re-introduce the bill. We believe that the bill makes sense for the following reasons: · Youth training will emphasize responsible use of OHVs and will reduce irresponsible activities and associated impacts. · When youth are trained, they will be able to communicate responsible use messages to adults and parents. · Adoption of a training requirement will reduce the concerns of many Forest Service officials and will reduce the need to close FS roads to OHV use. · Training on road signing and other on-road issues will make young riders safer. · Training will not be required for youth who just use trails, thereby reducing the impact of the mandate.
Senator Jim Hammond, Chairman, jhammond@senate.idaho.gov Senator Bert Brackett, Vice Chairman, bbrackett@senate.idaho.gov Senator Shawn Keough, skeough@senate.idaho.gov Senator John McGee, jmcgee@senate.idaho.gov Senator Tim Corder, tcorder@senate.idaho.gov Senator Chuck Winder, cwinder@senate.idaho.gov Senator Elliot Werk, ewerk@senate.idaho.gov Senator Diane Bilyeu, dbilyeu@senate.idaho.gov It is important to be involved and to understand that there are two processes going on at the same time; the forest service and the legislative process. If you cannot attend the hearing, please send your comments about S. 1001 to the Senators listed above. It will make a difference, If you don’t believe it, think about the gas tax! No discussion about the mixed use analysis would be complete without providing some information about a study that was done by DJ&A, P.C. Engineers, Planners, Surveyors entitled, Engineering Anyalyses of Motorized Mixed Use, Sawtooth national Forest System Roads, November 2010. The work was contracted by the USDA Forest Service Regions 1 and 4. Roads in three national forests were evaluated. Some of the interesting findings in the study were: · There were no mixed-used crashes in the 10-year data set · There were no OHV crashes with highway legal vehicles · There are 243 total crash records (of 750 crashes) involving OHV use by operators under 16 years old. This represents 3.8% of the total raw data set, and 32.4% of the OHV related crash data set. · They conclude that requiring education on unlicensed OHV operators, “should have a benefit to all prudent road users”. The entire study can be found at ftp://ftp2.fs.fed.us/incoming/r4/Sawtooth/95%25%20Mixed%20Use%20Study/ |
Po Box 1781
Hayden, Idaho 83835
email:
members@northidahoatv.org