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NOHVCC NEWS 2/21/03 

www.nohvcc.org

This weeks newsletter contains the following:

---TOWN FIGHTS OVER STATE ACCESS
---BUSH ADMINISTRATION POSES PRIVATIZATION OF PARK SERVICE JOBS
---STATES ATV POLICY HAS VEERED OFF COURSE
---DATES ANNOUNCED FOR CALIFORNIA ASSOCIATION
OF 4-WHEEL DRIVE CLUBS’ ANNUAL SIERRA TREK
---TEAM STEALTH WINS AT 2003 AMA/FMF QUICKSILVER NATIONAL ENDURO


======================================================

TOWN FIGHTS OVER STATE ACCESS

(By Phil Brown, Explorer Staff)

The more I climb, the rockier and muddier the way gets, and I begin to doubt
whether I can make it to the end. No, this isn't the trail up Marcy. I'm in
my car on the road to Lily Pond near Brant Lake in the Lake George Wild
Forest.

Although this road remains open to auto­mobiles, I park a quarter-mile
before the pond to spare my muffler. When I walk to the water's edge, I find
a fire ring, empty beer cans and broken glass. And tire tracks-others,
apparently, do manage to drive this far.

Lily Pond is supposed to be the end of the road, but it's not. East of here
are trails leading to Round Pond, Duck Pond and Buttermilk Pond. Once town
roads, they are now overgrown and full of rocks and puddles. Unsuitable for
the family sedan, perhaps, but no problem for all-terrain vehicles.

"ATVs have been using these woods since there have been ATVs," Horicon
Supervisor Ralph Bentley tells me after my hike to the four ponds. "Nobody
had a problem with it until a couple of years ago."

That was when the state Department of Environmental Conservation (DEC)
start­ed ticketing the ATV riders for trespassing in the "forever wild"
Forest Preserve. Under state law, ATVs are not allowed on Forest Preserve
trails. That would seem to cinch the matter, except Bentley does not accept
the premise that these are only trails. He contends that they are still town
roads. And so last year the Town Board voted 5-0 to open up these and
several other routes to ATVs-eight routes in all, including one in the
Pharaoh Lake Wilder­ness, where all motorized use is supposed to be
prohibited.

The state has filed suit in Warren County to challenge the new law.
Preservationists warn that if the law is allowed to stand, the Forest
Preserve's wild character will be at risk, given that there may be hundreds
of such old roads around the Adirondack Park. "This could lead to ATVs
operating all over the Preserve," said Neil Wood­worth, lawyer for the
Adirondack Moun­tain Club (ADK).

Under the Park's State Land Master Plan, ATVs are allowed only on existing
roads that are designated as open to off­road vehicles, but four-wheelers
would like to be able to ride on trails through the woods. Opponents say the
machines have no place in the Preserve, arguing that they tear up trails and
vegetation, shatter the natural tranquility and create pollution.

   Many Adirondack politicians side with the four-wheelers. They regard ATV
riding as a potential source of tourist dollars. Most likely, other towns
would follow Horicon's lead if the local law is upheld.

In neighboring Schroon, Councilman Donald Sage said he'd like to see his
town open old roads in the Pharaoh Lake Wilder­ness to ATVs and snowmobiles.
One of them is now a DEC trail that leads to Pharaoh Lake from Horicon-it
is, in fact, an extension of a route that Horicon has declared open to ATVs.

"I'd like to see it open so you can drive right up to the lake," Sage said.
"It was once a nice place to put your rowboat in and do a little fishing.
I'd like people to be able to do that again."

John Haskall, supervisor of Thurman in Warren County, said many residents of
his town own ATVs but have few places to ride them. He likes the idea of
opening old woods roads to the machines. "That would solve a big problem,"
he said, "and it would boost tourism if there were a legal trail sys­tem
here. "

Likewise, Altamont Deputy Supervisor Greg LaFrance said ATVers lack places
to go in the Tupper Lake region. "There are a lot of people who are
interested in an ATV trail system," he said. "It's a major tourist
industry."

Neither Haskall nor LaFrance knew if there were former town roads in the
Forest Preserve in their communities, but both said they would research the
matter if Hori­con wins its court case.

The Adirondack Association of Towns and Villages, representing elected
officials from around the Park, endorsed Horicon's local law in November.
Newcomb Supervisor George Canon, the association's president, contends that
local communities, not the state, should deter­mine the fate of old town
roads.

"The Forest Preserve should be open to all types of recreational use," Canon
said. "Not everybody's a hiker or a canoeist, and the Forest Preserve
belongs to everybody."

State Attorney General Eliot Spitzer con­tends that Horicon's action
violates the "forever wild" clause of the state constitu­tion, the
Adirondack Park State Land Mas­ter Plan and several state laws. In a suit
filed on behalf of the Department of Envi­ronmental Conservation, he asks
that the local law be annulled.

Spitzer argues that seven of the eight roads in question were long ago
abandoned by the town. The exception is a seasonal road that has not been
open to ATV s in the past. One of the other roads (from state Route 8 to
Lily Pond) is maintained by DEC and open to cars and trucks. DEC also allows
the disabled with special permits to ride ATVs on this road.

Bentley, however, argues that people never stopped driving on the old roads.
The Horicon law refers to them all as "high­ways by use." Under state law,
"all lands which shall have been used by the public as a highway for the
period of ten years or more, shall be a highway, with the same force and
effect as if it had been duly laid out and recorded as a highway:"

Bentley also says a 1909 state law deal­ing with abandoned town highways in
the Preserve gives towns the right to reopen them. This law declares that
"the town, at any time, shall have the right to resume jurisdiction over
such road for any pur­pose.,,

But Woodworth, ADK's attorney, argues that these laws are trumped by another
statute that gives the state the power to close roads that pass through
lands wholly owned by the state. "I think there's very lit­tle, if any,
chance that the town will pre­vail," he said.

Glens Falls lawyer Mark Schachner, who represents Horicon, refused to
discuss the case. It's expected that the lawsuit will be resolved this year.

Meanwhile, these roads or trails remain in limbo. As I hike toward Round
Pond, I see tire tracks here and there, but these trails aren't as beat up
as others I have seen. After visiting, in turn, Duck and Butter­milk ponds,
I return by a different trail to Lily Pond and pass a stone foundation in
the woods. So these really were roads, I muse. I am struck by how utterly
nature has reclaimed the landscape. Given time, these roads could vanish
with hardly a trace, but not if Ralph Bentley has anything to say about it.
===================================================

BUSH ADMINISTRATION POSES PRIVATIZATION OF PARK SERVICE JOBS

(By Julie Cart - Times Staff Writer)

As part of its push to privatize federal workers, the Bush
administration has identified about 70% of full-time jobs in the National
Park Service as potential candidates for replacement by private-sector
employees.

Interior Secretary Gayle A. Norton, who oversees the Park Service, has
earmarked 11,807 of 16,470 full-time positions for possible
privatization.  They range from maintenance and secretarial jobs to
archeologists and  biologists.  Interior Department officials stressed,
however, that the number of  people replaced would not be nearly that high.
Moreover, they said that law enforcement personnel, managerial positions and
most park rangers would keep their jobs.

But some of the people who have come to embody the
institution's 86-year-old tradition of public service, as they greet
visitors and lead  them on nature walks, could be replaced by volunteers.

Critics fear that the outsourcing of federal positions, including the
Park Service's entire corps of scientists, could undermine protection of
the nation's vast inventory of archeological and paleontological sites
within parks and hand over the care of forests, seashores and wildlife to
private  firms not steeped in the Park Service culture of resource
protection.
"This is about respect for professionals. It is about a recognition that
people spend a lifetime learning their profession and how to resist
pressures -- political or commercial -- in the public interest," said
Roger Kennedy, who directed the Park Service during the Clinton
administration.  "The public understands that parks are not parking lots --
they are  places that require a high degree of professional skill to manage.
Not just anyone can do it."

The potential cuts are part of the Bush administration's effort to
identify as many as 850,000 federal jobs that could be performed by
private-sector employees.  Park Service Director Fran Minella said she
wants to maintain uniformed personnel in the parks as a "public face" to
visitors. Still, some duties performed by rangers, such as nature walks,
could be conducted by volunteers, Park Service officials said.

Interior Department officials say there is little likelihood that all of
the jobs identified by Minella will be outsourced.

Deputy Assistant Interior Secretary Scott Cameron said he anticipated that
no more than 4% of the current workers would actually lose their jobs.  He
said much of the changeover would occur as current employees retire. Cameron
estimated that about 20% of the Park Service staff will reach retirement age
in the next five years.

The positions identified by Norton will be examined to determine if they
can be eliminated or filled more cheaply and efficiently with
nongovernmental contract employees.  Park Service employees would be given
a chance to argue why they are better equipped to perform their jobs than
private sector workers.
Officials say the injection of free market-style competition would bring
out the best in employees.

"This is a way to capture the benefits of competition to produce better
performance and better value," Cameron said. "Competition makes for a  much
more exciting Lakers game than if only one team were on the court."
But critics say the responsibility of overseeing the country's more than
380 parks and monuments is too important to entrust to people with little or
no preparation for working in the nation's park system.

"The Park Service is not a business enterprise," said Frank Buono, a
former assistant superintendent of Joshua Tree National Park and a former
manager  of Mojave National Preserve. "There is a fundamental ideological
binge  that the free-enterprise system will heal all wounds and solve all
problems.
Ask Enron about the efficiency of the unregulated private marketplace."
Public Employees for Environmental Responsibility and others charge that
replacing Park Service scientists with "hired hands" would create a conflict
of interest and produce a vacuum in parks where esoteric specialists are
required.

"What you get is a pliant and controllable science staff," said Jeff
Ruch, executive director of the public employees organization. "Our concern
is that a biologist who works for the park will be replaced by a private
consulting firm, which, in order to get its contract renewed, will tell the
park what it wants to hear."

The Interior Department is just one of the federal agencies that have
been told to trim jobs.  Randy Erwin, assistant to the president of the
National Federation of Federal Employees, said he was "outraged" by the
administration's plan  to  privatize Park Service jobs. "It's a travesty to
turn the Park Service into a profit-making center."
But the trend to outsourcing is inexorable, said Fred Smith, president
of the Competitive Enterprise Institute, a Washington-based free-market
advocacy group.
"The government is way behind the curve," Smith said. "Something as
mulch-ridden as the Park Service is long overdue for this. Allow
voluntary groups to work in the parks. Let people and groups who care
deeply about bats and sea turtles and caves do the work. The private museum
system has been using docents for years. It's about time the government
caught up."
But those who love the Park Service say being a park ranger is not just any
government job. The culture of the service is often likened to that of the
Marine Corps, with an almost military-like discipline and devotion to duty.
The agency's signature green uniform and Smokey Bear-type hat underscore the
image.

James Oliver Horton, a professor of American studies and history at
George Washington University, was historical consultant to the Park Service
during the Clinton administration. He said the esprit de corps among Park
Service employees is unique.  "I observed the kind of camaraderie that comes
from people who consider they  are doing the Lord's work, preserving what we
have come to know as America's  treasures," Horton said. "That is, and
continues to be, a very important job. To say to those people who have stuck
it out, 'Now you are going to be cut,' seems to me a real slap in the face.
And a real slap in the face to Americans who want these places preserved."

Established in 1916, the National Park Service grew out of concern for
preservation of public lands during a time of widespread plundering of
Indian ruins, looting of Civil War battlefields and the degradation of
historic buildings and sites.

==================================================

STATES ATV POLICY HAS VEERED OFF COURSE

(By Richard Earle, President, Franklin All Terrain Riders)

It is clear to me that certain issues with respect to all terrain
vehicles are building to the point where something's got to give. During the
past 10 years, the state's incoherent policy regarding ATV access on public
land, shaped in large measure by well-funded opposition groups, has relied
increasingly on exclusion and enforcement, while reasonable access has been
reduced to near zero. Agreements in principle have been violated in
practice; memoranda of understanding have been breached;
policy declarations have been ignored.

The ATV constituency is rapidly growing. There are significant economic
benefits from sales and tourism. There is an urgent need for increased
recreational opportunities and greater control. But such a policy --neglect
on the one hand and restriction on the other -- is doomed to fail.  Like
snowmobiling, ATV sales and tourism are significant factors in our culture
and our economy, something that local governments recognize clearly, while
state government does not.  In fact, Franklin All-Terrain Riders, a large
ATV advocacy group of individuals, clubs and businesses, has formed in the
Northern Tier at the suggestion of the Franklin County Legislature. That
county has
passed resolutions supporting reinstatement of an ATV trail fund and
increased access to public land. Clinton, Essex and St. Lawrence
counties also officially support the trail fund. Virtually every town
government supports more opportunity for the ATV community.

When will New York state wake up?
====================================================

DATES ANNOUNCED FOR CALIFORNIA ASSOCIATION
OF 4-WHEEL DRIVE CLUBS’ ANNUAL SIERRA TREK

(Contact:Jack Raudy (530) 389-9154 or e-mail jraudy@foothill.net)

SACRAMENTO (Feb. 19, 2003) – The California Association of 4-Wheel Drive
Clubs has announced that its 37th annual Sierra Trek, the largest
all-volunteer four-wheel drive event in the country, will be held at Meadow
Lake north of Truckee, Thursday, Aug. 7 through Sunday, Aug. 10.
Approximately 1,500 four-wheel drive enthusiasts and their families are
expected to attend this year’s Sierra Trek that is offering everything from
challenging runs on the difficult Foydyce Creek Trail to scenic and
historical trips for sport utility vehicles. (SUV) owners..

“Sierra Trek is much more than a four-wheeling adventure,” said Carrol
Bryant, chairman for this year’s Trek event.  “We do everything possible to
make this a family affair.  In addition to our difficult short-wheel base
trips for the veteran drivers and our narrated SUV tours for the newcomers,
we are offering many daytime and evening activities at the Meadow Lake base
camp for children and adults.”

     Bryant explained that Trek officials have planned walking and driving
tours around the historic site of the old Summit City and the U.S. Forest
Service will offer nature classes around the lake.  Games and activities are
planned for the children each day and Bryant said Smokey Bear will make
guest appearances to share time with the kids.

       In addition, Bryant said this year’s event will see the return of a
band on Friday and Saturday nights, preceded by karaoke for those who can
sing and wannabe Nashville stars.  He said the manufacturer and vendor
display will be larger than previous years and a 4X4 vehicle show is
scheduled for Sunday morning.

SUV Historical and Scenic Tours
     According to Jim Bramham, trail boss and narrator for the SUV trips,
the association is offering two separate narrated, historic and scenic trips
during this year’s Trek.

     “With the growing popularity of sport utility vehicles, we are offering
an exciting trip in the Lake Tahoe area on Thursday and a trip around the
Meadow Lake area on Saturday,” said Bramham.  “These trips tend to fill up
pretty fast, so I highly recommend that anyone interested, register as soon
as possible.”  Bramham explained that all vehicles participating on either
of the SUV trips would be required to have four-wheel drive, low range.

     The Thursday, Aug. 7 Lake Tahoe SUV trip will feature stops at the
Donner Memorial, some mild four-wheeling opportunities in the Blackwood
Canyon, a trip to the top of Ellis Peak, the eastern portion of the famous
Rubicon Trail and many other points of interest along the way.  Cost of the
Lake Tahoe trip is $130 for adults, $35 for children ages seven through 12
and children under seven years of age are welcome free of charge.  The
registration fee includes the trip and all meals from Thursday morning
through Sunday morning. On Saturday, Aug. 9, Bramham will be taking SUV
participants through historic mining camps, portions of the famous Henness
Pass Road and a stacked masonry dam.  One of the highlights of the trip is a
journey to the top of the Sierra Divide, where on a clear day, participants
will have a magnificent view of Mount Lassen, Castle Peak, Old Man Mountain,
Signal Peak and the Sierra Buttes

Cost for the Saturday SUV trip is $110 for adults, $35 for children 7-12,
and there is no charge for children under seven years of age.  Registration
fee includes all meals on Saturday, including the Saturday night steak
dinner, and Sunday breakfast.  To register for the 37th annual Sierra Trek
or for more information, contact Robert Reed at (925) 447-3142 or e-mail
sierratrek@attbi.com.

============================================

TEAM STEALTH WINS AT 2003 AMA/FMF QUICKSILVER NATIONAL ENDURO

(By Don Amador,Blue Ribbon Coalition)

COALINGA, CA (Feb. 16) -- As sunny skies chased the previous night's rain
clouds eastward, national and local off-road champions started the 2003
AMA/FMF Quicksilver National Enduro on bikes that passed the new California
96 decibel (dBA) sound limit for off-highway vehicles (OHVs).  The event was
held at the Bureau of Land Management's (BLM) Clear Creek Recreation Area.

On Saturday and Sunday, the BlueRibbon Coalition (BRC) and BLM operated the
event's official sound and tech inspection station where spark arrestor,
vehicle registration, and the 96 dBA sound limit regulations were enforced.
Staff from the Salinas Ramblers Motorcycle Club and AMA District 36 helped
as well.

Support for the tech station also came from the FMF/BRC Sound
Testing Program for OHVs. All factory riders for KTM, Honda, Yamaha, Suzuki,
and Kawasaki passed the 96 dBA sound test on the first try. Kudos to the
industry for making their riders all members of Team Stealth In fact, the
vast majority of riders came
prepared with the latest in quiet pipe technology for their bikes.

The sound check station on Saturday helped several riders get into
compliance with the new sound law by alerting them that their bikes were too
loud for the event.
This gave them a chance to repack their mufflers or install new "quiet"
products.The tech station staff got to visit a few minutes with Team
Yamaha's Randy Hawkins who said that he strongly supported our efforts to
lower the sound level of dirt bikes.

He said that champions don't need noisy bikes to win
and that loud OHVs negatively affect the sport. In fact, off-road guru Danny
LaPorte said that it's more important for racers to "FEEL THE POWER INSTEAD
OF HEARING IT."

Don Amador, the western representative for the BRC, said, "I think a lot of
credit should go to AMA District 36, the Salinas Ramblers, and the riders
for working hard to make their bikes comply with the new 96dBA sound limit
in California.  The BLM's Doug Prado and William Schwartz should also be
thanked for being on hand to enforce
both state and federal land-use laws."

"The lesson from this event is that racers can comply with the new sound
regulations and still be winners. By working together the OHV community, law
enforcement, industry, dealers, and professional competitors can all be
members of Team Stealth," Amador concludes.

--The BlueRibbon Coalition is a national recreation group that champions
responsible use of public lands. It represents over 1,100 organizations and
businesses with approximately 600,000 members.

===========================================

If you have news you would like to share with NOHVCC network of OHV
enthusiast's, Please send it to us at lnoltner@nohvcc.org, and I will try
and include it in the next newsletter.

Have a great weekend and Happy Trails!!!