Motorized Mixed Use Analysis on Forest Service Roads in Idaho

How did we get here and where do we go from here?

Supplied by Sandra Mitchell & Tom Crimmins

Home | Photos | Classifieds | Sponsors | Contact us
 

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

ksims@house.idaho.gov 

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
 


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!

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


Update 3-29-2011

The Senate Passed the Bill S1001AA today 26-9, so it's on to the House Transportation committee and then onto the House Floor of all Representatives.
We need to keep up the momentum and by contacting the House Transportation Committee members as they are going to be deciding whether or not to pass this Bill on for a vote to the entire House Reps Floor,  before sending it to the Governor.

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

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

Updated 3-24-2011

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


It will probably come as little surprise to know that the roots of the ‘mixed use analysis’ go all the way back to Forest Service Chief Dale Bosworth’s 2005 OHV Rule.  Included in the rule 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 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.


Members of the Senate Transportation Committee:

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/

 

Home | Photos | Classifieds | Sponsors | Contact us


Po Box 1781
Hayden, Idaho 83835
email: members@northidahoatv.org

Hit Counter