BLM and the Washington County Water Conservancy District have proposed a land exchange that would involve swapping 1050 acres of the Western Edge of Sand Mountain near Warner Valley with 89 acres of land in Washington near Green Springs, apparently owned by His Family Natters/Allan Carter. Washington County is designated as the Facilitator of the Exchange. You can learn more at the BLM E Planning website,  EplanningUi (blm.gov). You can also see the Public Scoping Notice which is attached.

We also obtained plans by the City of Washington to annex much of the acquired area into their City, which may be a significant influence in the exchange.

The proposed action just entered the Public Scoping phase, which is scheduled to conclude at 5:00 PM on April 13, 2023. UPLA, DRATS, Mayor Nanette Billings (Hurricane), BlueRibbon Coalition, and Tri State ATV have been meeting with BLM, Water Conservancy, and the City of Washington to learn more about the project.

We attached a couple illustrations to show the following:

• An Overall view of the Washington City Annexation Plan, which shows the proposed BLM Exchange areas, the new Washington City Annexation, and the proposed reservoir in the valley.
• In this photo, you can see the Red Outlined section was the land originally requested in October 2022, and the Green Outline shows the expanded area they added in February. The exchange and City Annexation include all of the area around the Pipeline Road and disbursed camping sites, and portions of West Rim including the Steps and The Funnel. It also shows our proposal to push the land exchange back to the 2950’ elevation right around the reservoir edge.
  

We were previously informed when the reservoir was done, we would lose the lower parts of Fault Line and Sandcutter, as well as the camping/staging area near Hwy 7, but when we learned that, we constructed the Ridgeline Trail at substantial expense to maintain access from Warner Valley.

We are extremely concerned for many reasons, including the following:

• BLM will give up 1050 acres of Sand Mountain in exchange for 89 acres in St George
• We will lose access to the West Rim Trail, the Restroom on Pipeline Road, the disbursed camping areas, and possibly the Ridgeline Trail we constructed to mitigate the reservoir loss.
• We will lose staging and camping in Warner Valley
• There has apparently been no decision about what agency would oversee recreation in the newly acquired area, but it seems likely it will become a fee area.
• If access to Sand Mountain is impaired from Washington Dam, it will impact the load on other roads including our newly constructed Waddy’s Corral Staging area.
• We are extremely concerned that the City of Washington will be annexing the land surrounding Pipeline Road and West Rim, and that they may permit development on top of the Rim; the views over a lake will skyrocket land values. Development would bring a whole host of issues including loss of the tremendous views from above by having buildings/homes on top of the ridge, user conflicts between residents/occupants and OHV users.
• We only have 30 days to inform the public and submit scoping comments.

We have been working hard on this for 4 weeks to get this information. This is the part where we need you!

What we need you to do:

Attend the Public Scoping Meeting and voice your concerns. next Tuesday, March 21 from 5:00 to 7:00 at the St George Library, Forsyth Community Room B, 88 W 100 S, St George, UT 84770

We will inform the media of the event and urge them to cover it, so we urge you to drive your 4x4s and street legal machines to the meeting to show the level of concerns on this.

We have a great relationship with BLM in the St George Field Office, and it is very important that we are vocal, but respectful during the meeting. It is very likely that the crowd may exceed the capacity of the room, so please be patient. Representatives from BLM will meet with small groups of people at a time. They will also provide Comments Forms to you and help you learn how to submit them.

Following is a brief description of the Scoping process in the NEPA Review that may guide you in formulating your questions/comments for the meeting. We will have a handout for you when you enter the meeting.

The National Environmental Policy Act (NEPA) requires the Bureau of Land Management (BLM), to involve the public in the planning process and seek their input through a scoping process. Effective NEPA scoping comments for BLM should pose the questions or issues to be looked at, not provide answers.

1. Specific information about the proposed project and its potential impacts on the environment and local communities.
2. Identification of any alternatives to the proposed project that could mitigate or avoid potential negative impacts.
3. Discussion of the potential cumulative effects of the proposed project in combination with other past, present, and reasonably foreseeable future actions.
4. Analysis of potential impacts on wildlife, water resources, cultural and historic resources, and other sensitive environmental resources.
5. Request for meaningful public participation throughout the NEPA process, including opportunities for public comment and involvement in decision-making.
6. Request for transparency and disclosure of all relevant information, including scientific data and analysis, underlying assumptions, and potential conflicts of interest.
7. Discussion of any potential economic impacts of the proposed project, including impacts on local jobs, property values, and tax revenue.
8. Recommendation for monitoring and mitigation measures to minimize or address any adverse environmental impacts.
9. Discussion of any potential long-term impacts of the proposed project on the environment and local communities.
10. Request for BLM to consider the full range of alternatives and potential impacts, rather than limiting the analysis to a narrow set of options.

Stop The Sale of Sand Mountain is a joint effort by these local organizations.

On March 17-18, 2023, volunteers from Utah Public Lands Alliance, Desert Roads and Trails Society, St George Jeepers, and Ride Utah will be meeting at Waddy’s Corral on Sand Mountain to work on several service projects around the area. We are expecting attendance at this event to be unprecedented in scope and size. Combining the resources of 4×4 and UTV/ATV groups working together, along with our partners, the Bureau of Land Management is the way we will win the fight to keep our public lands accessible.

Among the projects we are tackling will be the completion of the staging area fencing, installation of educational street signs and obstacle plaques, cleanup of the Warner Valley and Washington Valley Staging Area, and repairs to the damage to the Competition Hill Composting Toilet.

All Volunteers should report to Waddy’s Corral each day at 9:00 AM for a quick meeting and to split up to tackle one of the projects. Volunteers should bring an assortment of hand tools, shovels, pick axes, trash grabbers, 5 gallon buckets, gloves, water, lunch, and snacks.  Pickups or trailers are very helpful on the cleanup projects.

BLM is providing logistical support including dumpsters and trash bags.

We expect to have media present to cover the event, and we encourage all participants to take photos of the effort and to share them on social media with a hashtag of #sandmtnproject2023

For more information, please email us with your questions

Loren Campbell
President
Utah Public Lands Alliance

Together We Will Win,
But We Can’t Do It Without You!

H.B. 0180, the Off Road Vehicle Safety Education act, was passed in the 2022 Legislative Session with an effective date of January 1, 2023. Enforccement will not begin until February 1, 2023. This article is to summarize the interview with Chase Pili, the DNR OHV Program Director, and Kevin Mortensen from Ride Utah. The full video can be watched at https://youtu.be/_EtjOtk48ek

Why the Change: There has been a huge increase in OHV use in Utah since 2020. This bill has been in the works for the past 3 years and was prompted by efforts to reduce the number of complaints associated with Off Highway Vehicle use, both on trails and on the streets. The bill was authored by OHV advocates after considerable input from OHV users of all different types. from a wide variety of users types.

What are the Rules for Registration Requirements? Utah Residents will be issued hard plates for street legal OHV vehicles as they have been in the past. OHV registration stickers will be replaced with a special OHV tan hard plate when current registration expires. This will require a trip to the DMV the first time to get the plate. Renewals after you are issued a plate can be done online. Stickers will still be issued for OHV registration for all motorcycles and snowmobiles. Hard plates will make it easier to identify and report bad actors without conflict.

Out of State Residents must apply online (www.OHV.Utah.Gov) for their OHV Permit. The sticker will be mailed to them, but they will be issued a temporary if they are already in the state. You will be required to provide proof of course completion to complete your application.

Who must take the OHV Course? Every OHV driver 18 years of age or older that recreates on public lands must take the class. By definition, this includes Type 1 (ATV), Type 2 (UTV Sxs), Type 3 (Non Street Legal Full Size-Buggies), and Off Highway Motorcycles. Both Utah residents and non residents must take the course, including those that rent vehicles. E-Bikes are not considered OHV vehicles and are not subject to the course requirements.

Street Legal Full Size Vehicles (i.e. Jeeps), snowmobiles, husbandry vehicles or registrants at a sanctioned OHV event are exempt and not required to take the course.

More about the course The course is FREE to everyone, if you go to a website that charges a fee, you should go back to www.OHV.Utah.Gov It takes about 20-25 minutes and includes questions in each section that you must answer correctly to complete it (The answers are in the text right above the questions)

What about the Youth Course? If a driver is under 18, they must take a Youth course as they have in the past. The cost for the Youth Course is the same $35 that has been charged for years, and can be done online or in person. When a person completes the Youth course, that Certificate will be good for life, they will not have to take the Over 18 course. A separate change was also made last year that allows youth of any age to take the class as long as they can safely operate the controls (the minimum age was 8 year)

How do I prove I took the course? After completion, you can download a digital copy for your phone or print it out. I recommend if you store it on your phone as a picture you put it in a special folder or mark it as a favorite to make it easy to locate.

What are the penalties for violation of the rules?  Fines may be levied for violations as they have been in the past by law enforcement and local courts, and are considered either infractions or Class B or C misdemeanors. A new provision applies to users that cause damage to trail systems which will add to any fines the requirement that the court shall order the person to perform community service in the form of repairing any damage to the public land in the area where the damage occurred. The court shall determine the approximate value of the damage caused and calculate the number of hours required by using the rate of $25 per hour. What does this mean? If a violation causes $2500 worth of damage on a trail, they will be required to perform 100 hours of community service in the local area. Being ordered to do 100 hours of work by a court is probably not what most people would want to do on their time off, especially if they have to travel far from home and incur travel expenses.

Contrary to many people’s comments online, fines assessed do not go into the OHV budget, they are assessed by local municipalities.

Summary We should not expect this course or the registration changes to completely eliminate complaints, but whatever improvement we get will help us in our fight to keep trails open. Education will always be our best resource to keep our trails open!

UPLA is proud to announce our sponsorship of Katelyn Boren in the WEROCK Pro Series for 2023. Katelyn has been competing in rock crawling competitions for 3 years-since she was 13! In 2022, she tied for 1^st place in the Grand nationals held in Farmington, NM

For 2023 the Hurricane resident is moving up from the Sportsman class to the Pro Mod Series.

Katelyn not only has a passion for the sport, but also for taking care of the land. She has been actively engaged in many trail maintenance projects, and will be speaking about UPLA’s mission during the coming year.

We wish Katelyn much luck and success in her competition during 2023. Click here to see our Announcement on YouTube

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What is R.S, 2477? RS 2477 is a federal law that authorized construction of roads across federal public lands that was passed in 1866. It helped settle the West for 110 years. Residents of Utah, visitors, pioneers, and settlers created and used thousands of roads across public lands for farming, ranching, hunting, recreating, mining, and connecting communities. We continue to use many of these routes daily and some occasionally or seasonally.

Although Congress repealed R.S, 2477 in 1976 when they enacted the Federal Land Policy and Management Act (FLPMA), Section 701 preserved all R.S. 2477 rights of ways that existed at the time FLPMA was passed and preserved them for public use.

There is no formal administrative or judicial process under FLPMA, but in 2012 the Utah Attorney General filed lawsuits relating to R.S. 2477 rights of wa

y. In 2015, the Utah Federal District Court entered an order that established a process for processing 12,500 right of way claims throughout the state. One of the requirements was that Utah had to submit proof of county maintenance or public use of claimed right of way for a period of at least 10 years prior to October 21, 1976.

It is important to note that R.S. 2477 routes can be across both private and public land, which is especially important to protect access to public land that crosses over privately owned land. This is becoming even more important as development increases throughout Utah.

PLPCO’s Role The Utah Public Lands Policy Coordinating Office (PLPCO) is a state agency that provides research and litigation support for R.S. 2477 claims. One of their first tasks was to document each of the 12,500 Utah roads, which is available publicly on their Access Map 360° , which shows not only the route, but also video tours of the routes to show the condition of their existence.

How to get Help If a route is threatened near you, and you want to see if R.S. 2477 may help in keeping it open, follow these steps.

• Check the Access Map 360° to see if the route is catalogued
• If it is catalogued, build a statement giving all relevant facts such as the Road #, who and why is threatening closure, and documentation that the road is still in public use. Send an email with all your documentation to PLPCO, and please also copy UPLA
• PLPCO will contact you about your claim.

PLPCO has Attorney Generals in their office that will assist in working the claim, often working with your local County Attorney General to resolve the matter.

Utah Code 72-5-104 also provides protection for Prescriptive Easements for public roads in use for more than 10 years. Iron County recentlly passed an Ordinance that makes it illegal to close “public” roads, notifying land owners to reopen the road or face administrative action from the County. I recently testified at a Washington County Planning Commission hearing where they adopted an Ordinance that requires owners include any R.S. 2477 roads be disclosed in their applications to ensure they remain open. UPLA will be pursuing the Washington County Commissioners adopt a similar Ordinance as that of Iron County.

Be sure to let UPLA know of R.S. 2477 issues or pending legislation in your area.

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