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USA-ALL REVERSES UINTA NATIONAL FOREST
MOTORIZED RESTRICTIONS
Appeal sends important message to federal
agencies to cease the implementation of unlawful OHV
closures
A planning decision that closed numerous
motorized trails in the Uinta National Forest (UNV) has been
reversed as a result of an appeal by Utah Shared Access
Alliance (USA-ALL). On September 1 the Forest Service's
administrative appeal office ruled that UNF managers
unlawfully adopted a Semi-Primitive Non-Motorized Recreation
Opportunity Spectrum (SPNM ROS) standard in their 2003
revision of the UNF forest management plan. Since UNF
managers relied on the unlawful standard to close dozens of
miles of motorcycle routes in Tibble Fork and other areas,
the closed routes should now be re-opened to motorized use -
at least until "project-level" travel planning with full
public participation can be completed.
"THIS IS BIG"
The appeal office
ruled that UNF managers improperly used more general
revision-level planning to implement "project-level"
closures that require more extensive environmental analysis
and public participation.
"This is big," said Rainer Huck, USA-ALL
president. "Federal agencies are increasingly attempting to
push through closures without following regulations. This
sends an important message."
When the Forest Service revised its forest plan,
the Forest Service refused to accept USA-ALL's comments
regarding proposed SPNM ROS areas that would eliminate
motorized use of existing trails. The Forest Service said
USA-ALL could comment later when a project-level travel plan
would be considered. However, after refusing to consider
USA-ALL's criticisms of SPNM ROS the Forest Service in
August 2003 closed about 20 miles of trails in the Tibble
Fork area to motorized use because, the Forest Service
contended, the SPNM ROS required such immediate action even
before a project-level travel plan would be considered.
PUBLIC PARTICIPATION REQUIRED
USA-ALL filed its administrative appeal and twice
asked the Forest Service to stay its action to no avail.
USA-ALL then filed a lawsuit in Utah Federal District Court.
In the lawsuit USA-ALL and the Forest Service entered into a
settlement that provided that Routes 039 and 181 would open
for the summer 2004 riding season and thereafter until the
Forest Service completes a project level travel plan. The
Forest Service agreed to attach errata sheets to its printed
maps to show that the routes are open to motorized use.
Significantly, the settlement also provided that USA-ALL's
administrative appeal challenging the SPNM ROS scheme would
remain viable. That appeal has now overturned the Forest
Service's entire SPNM ROS scheme.
"We expect all trails in the new SPNM ROS areas
to be reopened to motorized use," said Paul W. Mortensen,
the attorney who handled USA-ALL's lawsuit and
administrative appeal. "But we are waiting to see how the
Forest Service responds."
The administrative appeal and lawsuit emphasize
USA-AL's on-going commitment to make federal agencies follow
public participation requirements before closing trails to
motorized use. According to Mortensen, the Forest Service
could yet determine to close specific trails in new SPNM ROS
areas, but not before engaging in project-level planning
that allows comment by USA-ALL members and the public and
that seriously considers environmental effects of displacing
motorized uses to other areas.
The administrative appeal ruling is available at;
http://www.fs.us/forum/nepa/lrmpdecisions.html.
The
federal court litigation was Case No. 2:04-CV-00023PGC,
United States District Court of Utah.
Utah Shared Access Alliance is Utah's largest motorized
access advocacy organization.
Contact: Rainer Huck 801 201-9660
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