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Details Online - PDF Reader required
Abstract: 148.795 Kentucky Recreational Trails Authority -Purpose -Membership -Meetings. (1) The Kentucky Recreational Trails Authority is hereby established and attached to the Department of Tourism, Commerce Cabinet, for the purpose of planning and implementing programs to expand tourism opportunities for o......

Commentary from SFWDA Director of Legislative Affairs:

Thu 2/7/2008 5:17 PM - "You need to make sure that you get the RIGHT members appointed to this board, if enacted.  Please contact your State House and Senate member and tell them you want to know more about this and you want to be involved."
Fri 2/15/08 5:56PM - "Kentucky clubs you need to jump on this Kentucky Recreational Trails Authority bill with both feet and demand for Jeep type vehicles to be included and make sure they specifically WRITE YOU IN THE BILL. You also need to MAKE SURE you have 4WD members included ON THE BOARD. In section 1 (b) you will notice that OHV reps are ONLY motorcycle and ATV's You need to CALL and Write your state representatives IMMEDIATELY and get this corrected and (politely) demand that YOUR 4WD Jeep type recreation representatives also be ON THE BOARD!!!!!!! Tell your representative to either AMEND the bill to include you (and make sure it SPECIFICALLY has you written in the bill, do not let them tell you it is ASS/U/ME/ed that you are included because, as written, you ARE NOT) and if not amended tell your representative to KILL THE BILL. This board, if developed, will regulate and decide what OHV activities will be advanced in your state and if YOU are not on this board the state will only provide ATV and Motorcycle trails. Get involved and get this bill fixed and have a club member on this board. You can find your representative at: www.state.ky.us

189.090Brakes.
Abstract: 189.090 Brakes. (1) No owner shall knowingly operate or permit to be operated on a highway a motor vehicle upon which the brakes are defective. (2) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop.
Commentary from SFWDA Director of Legislative Affairs:  "it just seems odd that motorcycles in Kentucky under this bill will not be required to have working brakes on the highway.  SFWDA is neutral on this bill.

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North Carolina:

Details online
AN ACT to require all off‑road vehicles to be registered with the division of motor VEHICLES, to create a nonreverting revenue fund in the Department of environment and natural resources designated as the off‑road vehicle trust fund to be used to acquire new lands, manage lands, and develop off‑road VEHICLE parks, trails, and facilities, and to create a new off‑road recreation program.
Commentary from SFWDA Director of Legislative Affairs:  "I would recommend for you guys in North Carolina to Call and write your reps to SUPPORT this bill BUT only after it specifically includes 4 WD full size vehicles. It is still moving this 2008 session. As presently written it WILL NOT include Jeep/Truck type vehicles. OHV is defined in this bill as ATV/UTV/Motorcycle. Tell your rep that you want YOUR TYPE RECREATION included so you will have places to trail ride with your family by adding the following language to ensure YOU are included: OHV definition (Thanks Carla and United for an exellant way to define these bills) "Off-highway vehicle" or "OHV" means any off-road motorcycles, three or four-wheel all-terrain vehicles, four wheel drive motor vehicles intended by the user or owner to be used in recreational pursuits, or dune buggies; " The qualifying language “intended by the user or owner to be used in recreational pursuits” will limit the affect of the act by avoiding a broad definition of all 4x4 vehicles. I also tried to be broad enough so that the definition covers all 4x4 users whether they go four wheeling or hunting or fishing using their vehicle. If there’s a problem with the suggested language please let me know what the concern is and I’ll keep making amendments until everyone is satisfied. "

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South Carolina:

Details online
 General Bill, By Hutto, Land and Lourie Similar(S 348, S 812, H 3622) A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
SFWDA Director of Legislative Affairs comments: "If you live in South Carolina you need to get involved with this bill. Although it is for ATV/UTV/Off-road motorcycles it DOES NOT specify how much the "Safety Course" will cost nor who will do it. It also DOES NOT tell what the FINE will be. Would it be 5 bucks or ATV confiscation? Please write and call your South Carolina State Rep and tell them the STATE must fund this bill and it must specifically say WHICH agency will do the Safety course and what is the COST. I would suggest to KILL THIS BILL and tell your REP to do so. It is poorly written. Although the intent is good to prevent kids from head injuries the bill does NOT specify the cost to YOU and leaves too much open. Tell your Rep to specify the cost to you IN THE BILL or kill it. Another problem is this bill also adds a tax to your ATV that you are now not paying. Tell your Rep that you do not want this money to go into the general fund and amend the bill to make the money specifically go into a fund to be used to buy land and develop Off road trail systems for motorcycles, ATV's and 4 wheel drive full size vehicles. "

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Tennessee:

April 18 update from Michelle Russell:

Hello All,

We have finally nailed down a place for our May 31 OHV conference.  This conference is intended for all OHV club leaders or future club leaders in the state of Tennessee.  Please post the attached release on your website forums and pass it on to your OHV contact list. 

While the leadership is stuck inside all day organizing our future that Saturday, we are making arrangements at a new local OHV Park in Sparta for the rest of the crew to hang out and enjoy some playtime and camaraderie. We also hope to do some trail building exercises on Sunday and I believe there is rough camping available onsite as well (and hotels in Cookeville for those who like a little more comfort).  As soon as I can confirm that information, I will send it your way. 

Thanks for you patience, I think it will be well worth the wait.

Michelle

Chairman, OHV4TN

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April 17 update from Michelle Russell:

Just when it appeared safe to go back into the water…

Shark attack.  It’s always about the money.  The proposed funding split between TWRA and TDEC ended up devolving into just a split for TWRA/Royal Blue.  The amendment that came out of subcommittee was subtly yet drastically different then what was proposed.  

So heading into yesterday’s meetings we had a melt down in cooperation.  At the end of the very stressful day, we were able to salvage one more week to shore up support from TDEC to move the program over this year without funding.  This is very, very important in the whole scheme of things. 

As y’all know, “Birthing” this OHV program must be done in baby steps, the first of which is to get it in a “home” that will use the first year of the move in inventory analysis and gameplan.  Our new OHV state organization that will help guide this process will be formalized May 31 and it will take us a good year to format the program guidelines. 

What this funding cut means is that we have to work a little harder this year with no immediate resources.  Been there, done that.

So this year, as an organization, we will have to figure out how to fund this program, to what degree and to what measures of success.  Next year, I will introduce legislation accordingly. 

I just want this step behind us…but heck, at the end of the day, we are doing pretty darn good.  We just have to keep our eye on the prize and remember that our goal is a statewide system of trails in Tennessee.

Will keep you posted!

Michelle

www.ohv4tn.org

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April 1, 2008 Update from Michelle Russell:

We did it!!  That’s right, we have successfully made it out of a House Subcommittee, a place where bills go to die a quick death.  This is the place that make old men weary and young men (and women) cry.  It’s been an incredibly long journey.

The amendments are being cleaned up as we speak, so the results won’t be posted until legal does their thing.  TWRA will keep RTP funding for East Tennessee (Royal Blue) and the rest of the RTP funds will be distributed by TDEC (New OHV Program Manager) equally to the other two grand divisions (Middle and West TN).  Chairman McCord added an amendment that would enhance liability protection for OHV users similar to the Equine Liability laws on the books.  We have also added the SFWDA approved OHV definition to include 4x4 recreational vehicles.  All in all, I think we have a better bill then what we went in with.

The only tweaking that will need to be done in full Committee is the confiscation amendment.  The current amendment will apply the confiscation law only to state owned lands not private.  Everyone was in agreement that vehicle confiscation for a misdemeanor violation was absurd, but TWRA wanted to have it at Royal Blue so I think that is where we will try to leave it at.

For more information go to:  www.legislature.state.tn then click on Legislation to the left and put in HB3339.

Many thanks go to Rep. Judd Matheny for navigating the treacherous waters most effectively.  We are in his debt.  Special thanks also go to Bob Yarborough (past SFWDA Pres) for expert testimony today.  We didn’t need too much of a big bang today but Bob really put a warm and fuzzy, professional touch to why we are where we are and why need to keep going there.  Plus finally,  I couldn’t have done any of this without Bob Richards of TDEC.  He is truly the “Yoda” of trailbuilding.

Congratulations to everyone who wrote, called and persistently emailed our legislators, governor, state leaders and everyone else they could get ahold of.  It is because of YOU that we have made it to where we are today.  We should be able to move our amended legislation thru both legislative bodies by the end of session!  Way to go team!

Location and Registration details for the May 31 statewide OHV conference will be out next week.  Let’s get our statewide organization solidified then let’s build some trails!!

Onward Ho!

Michelle
www.ohv4tn.org
I.M. Russell
"Jack (or is that Jill) of All Trades"
PO Box 676
Monteagle, TN
www.ivamichellerussell.com

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Details Online - (requires PDF reader)
HB3339 by *Matheny, *Hawk, *Floyd. (*SB3764 by *Tracy.) Environment and Conservation, Department of - Transfers jurisdiction of the Off-Highway Vehicle Act from Tennessee wildlife resources agency to department of environment and conservation. - Amends TCA Title 11; Title 68 and Title 70.
SFWDA Director of Legislative Affairs comments: "Folks in Tennessee we need to support this bill ONLY if the amendments (see draft letter for your use HERE) are institiuted into the bill. I do not have high hopes of passage due to the very large fiscal note attached to the bill. Traditionally in Tennessee bill with a fiscal note will be killed in the Budget Committee even if funds are switched from one state agency to another. To fix this note TDEC must also be over OHV's on TWRA lands to keep TWRA from having to maintain the trail systems on lands managed by them. Write your reps in Tennessee with the sample letter below. You can find your rep at www.state.tn.us "

Details of the Tennessee OHV plan are here.

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Acronyms

courtesy of John Stewart, Director of Environmental Affairs, United Four Wheel Drive Associations, www.ufwda.org, The below is a partial list of acronyms encountered when dealing with land use and environmental issues.

ACEC	Area of Critical Environmental Concern
ADR	Alternative Dispute Resolution
APD	Application for Permit to Drill
AUM	Animal Unit Month
BLM	Bureau of Land Management
CA	Conservation Agreement
CEQ	Council on Environmental Quality
CEQA	California Environmental Quality Act
CFR	Code of Federal Regulations
CS	Conservation Strategy
CX	Categorical Exclusion
DM	Departmental Manual
DNA	Documentation of Land Use Plan Conformance and National Environmental Policy Act (NEPA) Adequacy
DOI	Department of the Interior
DR	Decision Record (for an EA)
EA	Environmental Assessment
EIS	Environmental Impact Statement
EPA	Environmental Protection Agency
ESA	Endangered Species Act
FACA	Federal Advisory Committee Act
FLPMA	Federal Land Policy and Management Act
FONSI	Finding of No Significant Impact
FWS	Fish and Wildlife Service
GIS	Geographic Information System
IBLA	Interior Board of Land Appeals
IMP	Interim Management Policy
LAC	Limits of Acceptable Change
LUP	Land Use Plan
MFP	Management Framework Plan
MOU	Memorandum of Understanding
NEPA	National Environmental Policy Act
NMFS	National Marine Fisheries Service
NOA	Notice of Availability
NOI	Notice of Intent
NPS	National Park Service
OHV	Off-Highway Vehicle
PAC	Provincial Advisory Council
POD	Plan of Development
RAC	Resource Advisory Council
RMP	Resource Management Plan
RNA	Research and Natural Area
ROD	Record of Decision (for an EIS)
ROS	Recreation Opportunity Spectrum
T&E	Threatened and Endangered
TMDL	Total Maximum Daily Load
U.S.C.	United States Code
USDA	United States Department of Agriculture
USFS	United States Forest Service
VRM	Visual Resource Management

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United 4WD Associations Forces U.S. Forest Service To Settle Out of Court

In 1999, United filed suit against the Forest Service over road closures. For more details, go directly to United's page for this issue at http://www.ufwda.org/access2000/legal03.13.00.html.

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Global Warming???

This web page discusses global warming as a scientific theory and a political issue in simple everyday terms, but backs up its arguments with solid scientific proof and explanations.. It makes the argument that the main thing wrong about the global warming theory is that there isn't any warming and how political goals are driving the misuse of scientific data and outright lies by the environmental movement.

This article is not really 4-wheeling related, but it's about politics and indirectly about land use. This are the same kind of political arguments being used against recreation on public lands. A very interesting and informative aritcle!!!

http://www.clearlight.com/~mhieb/WVFossils/ice_ages.html

Last updated: 12/21/2008 10:33:33 AM