More ATV Conflicts

[Nemont]

February 18, 2005


Ah Nei neighbor blasts BLM's land-use plan
By BRETT FRENCH
Gazette Outdoor Writer

A landowner next to the Shepherd Ah Nei OHV (off-highway vehicle) area has complained that the Bureau of Land Management's proposal to reopen the land to motorized users is a "mean-spirited, vindictive and deliberate effort to target our family home for ruin."

In a five-page letter to BLM's Billings Field Office, dated Feb. 12, Brian Biggs argues that the federal agency has for years ignored resource damage at the area and failed to enforce restrictions on motorized use.

"To allow this to happen to any property, public or private, is a disgrace," Biggs wrote.
Comments sought

The BLM issued an environmental assessment of its proposed travel-management plan for the Shepherd Ah Nei area in mid-January. Written comments on the proposal are being accepted until Tuesday.

The 1,063 acres of land, criss-crossed by 50 miles of trails and roads, have been closed since last April following a federal court decision in Biggs' favor. Biggs shares one mile of fence line with the BLM and his home is within 600 yards of the area's parking lot. He sued in 2002, claiming that existing use at the area was damaging resources, increasing fire danger, displacing wildlife and creating noise problems for nearby landowners.

Although the court order only applied to one of two sections of BLM land, the agency chose to close the entire area for analysis because there is no physical barrier separating the two sections.

The OHV area 30 miles northeast of Billings has become increasingly popular with motorcycle and ATV riders. Four-wheel-drive trucks have been prohibited. When the area was closed last spring, however, BLM said motorized use - and abuse - shifted to other federal lands.

Top travel priority

BLM made the Shepherd Ah Nei OHV area its top travel planning priority. In June and October of last year, BLM held meetings and collected more than 140 public comments before coming out in January with its environmental assessment.

Under the agency's preferred alternative, one of five that were examined, off-highway vehicle use would be allowed to continue with some changes. Among the restrictions are closing about seven miles of trails to allow for a sound barrier for adjacent landowners; the limiting of drainage crossings; implementation of a recreation-use fee; and the creation of a watch group to police activities.

But Biggs expressed doubt that the BLM can enforce its proposals, writing that "for years the BLM has been unable to manage a curfew" and that new "promises" that the agency will enforce decibel levels, speed limits, patron behavior and trail management policies are "laughable propositions."

"Any improvements the BLM has made to the area have been done very reluctantly and only after repeated requests and complaints by neighbors and myself," Biggs wrote.

To emphasize the point, he said that since June 2002 he has filed 116 complaints with the Yellowstone County Sheriff's Office and BLM over violations at the OHV site. In response to his actions, Biggs wrote, his family has received death threats and received harassing phone calls.

"I'm just tired of dealing with these morons, plain and simple," Biggs said in a phone interview. "The sport is rife with people who do not follow rules and regulations."

Biggs said that if the BLM moves ahead with its proposal, he plans to take the issue back to court.

Lynn Anderson, outdoor recreation planner for the Billings BLM office, said Biggs' letter will be treated as one of 10 comments received on the environmental assessment.

"His letter is seen as equal to any other comment we receive," she said.

Anderson said that, in her opinion, the BLM did a good job of addressing all concerns expressed by the public about protecting and using the Shepherd Ah Nei area.

"I feel good about the EA," she said. "I think we did a good job of speaking to each and every concern that was brought to us."

Not all ATV riders are happy, though.

Tom Parker, president of the Treasure State ATV Association, said his group does not support the BLM proposal and is instead endorsing Alternative A - the "no action" alternative. Alternative A would allow motorized travel on the 50 miles of existing roads and trails in the area.

The group would support enforcement of a proposed noise limit of 96 decibels, closing the parking lot nightly from 10 p.m. to 7 a.m. and protection of cultural sites, Parker said.

But reducing the number of road and trail miles under BLM's proposed alternative would make the area too congested, he added.

"Because of the volume of off-road riders in the Billings-Shepherd area, we need greater latitude for riders," Parker said. "We're talking about a prime area for motorized ATV operation and it has very little impact to the land."

Exactly how many of the 50 road and trail miles would be closed by BLM is uncertain. So far, the agency has only committed to closing 7.8 miles to create a noise buffer and to protect a cultural site.

"We want to stay away from the word 'closed,' " said Eddie Bateson, BLM's acting field manager.

But it is proposing "applied management" on 32 of the 50 road and trail miles. Such treatments could include trail closures, reseeding and other measures to reduce erosion.

"These roads would be affected but not necessarily closed off," Bateson said.


Brett French can be reached at [email protected] or at 657-1387.

 

[Ten Bears]

It would be nice to fin out how many of Mr. Biggs 116 complaints had merit or actually violated some law. If the park get reopened, it would be great to involve Mr. Biggs in the policing effort, on the curfew alone.

 

[Nemont]

TB,
The ATV clubs and ATVer's themselves will not comply with any curfew or law. They have NO respect for private property let alone public property. Why should this guy be subject to noise, fumes and dust from 7 a.m. to 10 p.m. daily? Your fellow riders are going to let you down EVERY time because even with ATV friendly rules that wasn't enough. The minute they can't ride in one area they begin to abuse another. The answer is to ban them from all public lands and make the penalty stiff enough to keep them off.

Nemont

 

[Ten Bears]

NEMONT, I doubt you'll be able to stop one of the fastest growing recreational sports in the country. Policing the sport is gong to be the only answer.
Can you show me where making something totally illegal has stopped the illegal activity? Making something illegal is only as good as the ability to police it.

 

[Nemont]

Can you show me where an ATV group can police their own members? There are none. The ATV groups answer to every complaint is, "well give more areas to ride then". They have no respect for anything other then how much destruction they can cause in the shortest time.

Making it illegal won't end riders trashing public land but it will lead to a big reduction in current abuses. I doubt many ATVer's would risk losing thier $6,500 machines if they knew there was a good chance they would be caught. You may turn in illegal riders but your fellow riders don't.

Also if it is cut an dried that you are not supposed to be on public lands the enforcement just got 100% easier because there is no question about the legality. I am not trying to stop ATVer's from riding on private lands that it is their business.

Nemont

 

[Ten Bears]

Can you show me where an ATV group can police their own members? There are none. Can you show where the illegal riders even belong to any organizations? The ATV groups answer to every complaint is, "well give more areas to ride then". Ever stop to think that they may believe that concentrating legal riding to small recreation parks isn't right either? Public land is just that, land for the public, even the ATV riding public. They have no respect for anything other then how much destruction they can cause in the shortest time.

Making it illegal won't end riders trashing public land but it will lead to a big reduction in current abuses. I seriously doubt it. I doubt many ATVer's would risk losing thier $6,500 machines if they knew there was a good chance they would be caught. Show me where that law exists. Show me the law where a drunk driver loses their vehicle.... You may turn in illegal riders but your fellow riders don't. I know of others that turn illegal riders in as well. BTW we don't belong to any of the organizations either.

Also if it is cut an dried that you are not supposed to be on public lands the enforcement just got 100% easier because there is no question about the legality. You definitely don't have clue about the topography or ownerships here, do you? Even some/many roads here that cross public land are private roads (timber company ownered and maintained). I am not trying to stop ATVer's from riding on private lands that it is their business. Being able to ride on PUBLIC LAND is our business too.

Nemont

Can you show me where making something totally illegal has stopped the illegal activity? Making something illegal is only as good as the ability to police it.

 

[Nemont]

From Ten Bears Show me where that law exists. Show me the law where a drunk driver loses their vehicle....

Montana
§61-8-733
Vehicle must be forfeited for third or subsequent DUI offense within five years.

North Dakota
39-08-01(3)
Vehicle must be forfeited for 2nd or subsequent DUI within five years

Oklahoma
47 §11-902b
Subsequent DWI offender's vehicle subject to forfeiture

Washington
46.61.5058
Vehicle forfeited for second conviction within seven years, subject to possession by spouse in case of hardship

Texas
Tran Code §704.001
Vehicle may be forfeited after three or more DUI offenses


Tennessee
55-10-403(k)(1)
Vehicle forfeited for second or subsequent offense

South Carolina
§56-5-6240
Vehicle forfeited for third or subsequent offence within 10 years. Vehicle can either be owned and operated by offender or operated by offender who is resident of household of registered owner.

Rhode Island
31-27-2(d)(3)(iii);
Vehicle forfeited for third offense within five years;


and Many more

Being able to ride on PUBLIC LAND is our business too.

I had no problem with riding on public land until I understood that the Majority of riders do not like to keep their ATV's on designated trails. They will not police themselves.

Making riding illegal on all public lands will not stop idiot riders but it will make enforcement easier, public awareness of the issue higher and the resource better.

Nemont

 

[MattK]

TB- It will not eliminate the problem but it would decrease the amount of use an area has. I agree there are so many slob fat ass atv riders it would be impossible to stop all of them. There are flat just too many of them. That's the reason they should be banned from all public lands. The atvs of those who drive illegally on public lands should have their atvs confiscated. First offense. Maybe they would read some of the rules before they drove off road. That would make LEOs job a lot easier. The more that are confiscated, the fewer that would be a problem.

 

[Ten Bears]

Good, now you have some base line understanding of what it takes in order for a vehicle to be forfeit. How are you going to justify taking one on the first offense?

MATTy, Can you show me where making something totally illegal has stopped the illegal activity? Making something illegal is only as good as the ability to police it.

BTW, the more nonhunters you alienate ON PUBLIC LAND, the greater the risk YOU create against hunting. Hunting opportunity an be taken away, ask the bear & at hunters of OR, WA, & CA ON ALL LAND.

 

[Nemont]

Nemont's Final Reply to Ten Bears on the ATV Issue. Read it and understand it is NOT just a "small minority" of riders causing problems. It is the entire industry built to destroy public lands.

 

[Quiet_One]

hmm well i do know drunk driver who did get his leciense removed for long time maybe never in way he derserves it my hubbys cousin had got hit by drunk driver and died guy got away hasnt been found huby got hit by drunk driver not hurt bad though but truck destroyed and my hubbys payin for it got sued for 4000 and license removed for 2years and now we have pay alot evry month becouse of jerk we in debt big time over it and hubby insurence dropped him they cause lots trouble even hubbys cousin mom we thoguht care dby doin her best to raise help in the mother against drunk drivin guess hwere she is cause she did illegal thing to pay for somethin she in prison bad guys get away i hate that but i would hate but give chance if a drunk driver would follow instructions and i know of one who did good friend of mine think some wake up next mornin in priosn caues ehtye killed someone that sad but hey shouldnt of drank and drive if this helps im glad

 

[Ten Bears]

Not a bad report, although I don't agree with all their advertising assessments I do agree with them on the "mudding" issues whole heartedly. Did you ignore my previous link? http://www.idahoparks.org/pdf/motorbikeregs.pdf

 

[1_pointer]

I hope the Billings office doesn't face what the Salt Lake office did when a use fee was imposed on the sand dunes...the ATVers just went to some place without a fee and tore the HELL out of it. In talking with a long-time resident of the area he said that there used to be a lot of chukar and sagegrouse in the area not to mention a few deer in the summer and quite a few more in the winter. Now there' hardly anything, but ATV 'trails'.

 

[cjcj]

Quiet One... I understand your doing better with your spelling and thats great.... but if you could try to let us know where your sentences start and begin... it would really help,,,,,....coma,...period... exclamation! or just a space., Not trying to be rude . just trying to help. Thanks sincerly CJ.