This interactive map shows the open and closed routes in each of the San Rafael Swell Travel Management Alternatives. To display different results, click on the button in the upper right corner of the map. Thank you to AZ Backroads for this great tool.JTNDaWZyYW1lJTIwc3R5bGUlM0QlMjJ3aWR0aCUzQTEwMCUyNSUzQmhlaWdodCUzQTUwMHB4JTNCYm9yZGVyJTNBbm9uZSUzQiUyMiUyMHNyYyUzRCUyMmh0dHBzJTNBJTJGJTJGbWFwcy5hemJhY2tyb2Fkcy5jb20lMkZtYXBzJTJGc2FuLXJhZmFlbC1zd2VsbCUyRmluZGV4Lmh0bWwlMjMxMSUyRjM4Ljg2NDMlMkYtMTEwLjgzOTAlMjIlM0UlM0MlMkZpZnJhbWUlM0U=

The Preliminary Alternatives for the San Rafael Swell were released today, and both Alternatives B and C have a huge number of routes proposed for closure. I have been in contact with the Price Field Manager and will report when we get further details and develop a plan of action. These Preliminary Alternatives are an extra step in the process before they issue the Draft EA. This gives us extra time to be able to analyze these routes and be ready to comment before the Draft EA is released. You can view the alternatives here by clicking here

Rose Winn Personal Profile

Tammy Pike opened the workshop with a question… How many of you that watched the Superbowl know why the 49ers lost?

The answer was not about the skill, motivation, or talent of the players, it was because they did not understand the overtime rules.

She told us that until we take the time to read and understood the rules that BLM and Forest Service must follow when considering a Travel Management Plan, we will continue to lose.

For the next 3 hours, she told us about some of the rules contained in Title 43 of the Code of Federal Regulations.

The workshop was attended by 40 leaders from all around Utah and some surrounding states, and the questions were fast paced and the answers came back quickly. The people in the room are some of the best educated people in OHV, and we all felt like we were drinking out of a firehose. The bottom line is that we need to change how we’re playing the game if we really want to win.

At Your Leisure recorded the entire session, and is in the process of editing it into 10-15 minute segments organized by subject, but we will begin developing the new game strategy and relating it to you over the coming weeks. We ask that you stay tuned for the steps ahead, and share them with all your friends to help us keep our public lands open to all responsible users.

Our first article with steps to begin taking for protecting the San Rafael Swell and Bears Ears National Monument can be found here 

We had 2 big wins in the Utah State Legislature this last session.

S.B. 67 would have gutted the ability for Counties and Local Government to protect roads from being closed.  Class A, B, C and D roads from being closed across private land. At one point this bill had increased in size to almost 290 lines of text, barely resembling the text of the previous law. With Hurculean effort during the last hours of the bill being passed, the Senator’s office was flooded with almost 500 emails received overnight. The bill was amended the next day. You can read the text of the bill here

H.B. 471 was a bill introduced by Representative Phil Lyman and Senator Curtis Bramble. By the time the bill was passed, it had 12 CoSponsors, something very rare to have such strong support. The bill asserts ownership and exclusive jurisdiction of roads included on a county travel plan and requires due process before the federal government may close a road.
-The bill:asserts ownership and jurisdiction over roads included on a county’s class B and
class D road map or a county travel plan unless the road has been closed through
proper adjudicative proceedings;
-The bill  llows the state or a county to disregard any attempted closure of a road without due
process;
-The bill asserts that the burden of proof to show the need to close a road or to claim
ownership falls on the federal government;
-It allows the state and county to disregard the alleged closure.
This was a huge accomplishment, you can read the text of the bill here.

Many thanks to our OHV Advocate Brett Stewart for watching and influencing these bills.

The hearing for a stay or temporary injunction of the Moab Labyrinth Canyon/Gemini Bridges Travel Management Plan was held on February 21before the Honorable Dale A. Kimball in Salt Lake City. The OHV community turned out in force to observe the hearing, which Judge Kimball mentioned that it was good to see so many concerned citizens turn out to fill his courtroom.

This hearing was for the Federal lawsuit filed by BlueRibbon Coalition, Patrick McKay, and Colorado Off Highway Trail Defenders against BLM. The judge allowed SUWA to act as an intervenor in the case. Plaintiffs were represented by Matt Miller and Nate Curisi with Texas Public Policy Group, defendants were represented by Paul Turcke and Steve Bloch. Final prehearing briefs from both attorneys are attached if you’d like to read them.

To qualify for an injunction, four elements must be proven:

• That Plaintiffs are likely to prevail on the merits. Matt Miller presented four counts for violations and the reasons that plaintiff was likely to prevail on all 4 of them. It is only necessary for the Plaintiff to prevail on one of the counts.
• That Plaintiffs will suffer irreparable harm if relief is not granted. Substantial focus, including questions from Judge Kimball, surrounded the impact of BLM’s intent to “obliterate” the trails in their plan. Another focus was that some of the arguments in the 4 counts were constitutional violations, which automatically qualify them as being irreparable.
• That the Plan was arbitrary and capricious in it’s evaluation and implementation. BLM is required to take a “hard look” at the impacts from implementation of the plan, and cannot consider factors not intended by Congress. Many examples of infractions occurred including improper analysis of science and the failure of BLM to respond to significant and relevant comments, including the impact to recreation, including Elderly and Disabled users. Another important example was the inclusion of user conflicts citing noise without any precise definition of what noise levels were acceptable or unacceptable.
• That relief is not adverse to the public interest and that plaintiff’s injuries outweigh any alleged damage to defendants. Since the current TMP has been in effect for 15 years, delaying the effective date of the new plan will not result in any new harms to BLM, while without relief, the many users, including those that are elderly or handicapped, are deprived of the opportunity to enjoy these areas is both substantial and irreparable. One of the largest Off Road Events in the world, Easter Jeep Safari, had 9% of it’s historic trails closed by this Plan. In addition, public interest has been demonstrated by both the volume of public comments, and efforts by Federal and Utah legislators who have introduced legislation to overturn this Plan.

So what does this mean? Judge Kimball closed the hearing after about 2 hours of arguments and will issue his ruling in “short order.” Judge Kimball has a reputation for a strong understanding of land use issues in the 10^th Circuit, and also for issuing rulings quickly, so we hope to see his ruling in a short period of time. It should be noted that this Injunction Hearing is only the first step in this effort, regardless of this ruling, the Federal Lawsuit will still be heard at a later date.

I am not an attorney, but my lay opinion was that Matt Miller did a much more persuasive job than Turcke and Bloch, and Judge Kimball’s questions seemed to bolster Miller’s presentation, while they seemed more critical of BLM’s arguments.

I’ve learned that nobody can predict the outcome of any court hearing, but I’m both optimistic about our potential for success in this first step and proud and grateful of the actions taken by BlueRibbon, Patrick McKay, and Colorado Offroad Trail Defenders for standing up for our rights. Please make sure you let them know that you support them too.

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