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NOHVCC Newsletter NOV 2009 Issue
    In this issue:
  • Mona Ehnes Inducted into AMA Hall of Fame
  • Discounted Software for Non-Profits
  • Glenn Myers Retires as NOHVCC State Partner
  • RTI 2009 Fall Scholarship Winner
  • Sovereign Trail Highlights Cooperative Trail Maintenance
  • Environmental Litigation Gravy Train
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    NOHVCC's Mona Ehnes to be Inducted into AMA Hall of Fame December 5th, 2009

    by Russ Ehnes, NOHVCC Executive Director

    There are some people who don't believe that one person can make a difference in the world around them. For those people, I would argue that they just have not yet found the right catalyst. For Mona Ehnes, that catalyst was the closure of OHV trails. That catalyst has taken Mona to over 40 years of OHV recreation activism and has won her induction to the American Motorcyclist Associations Hall of Fame, Class of 2009.

    Mona Ehnes was born in Missoula, Mont. in 1939. She grew up in Lincoln, Montana where she met her husband Vic, who was from Great Falls. She began riding a Honda 50 in the early 1960s. In 1967 Mona and Vic opened Vic's Cycle Service in Great Falls, where they sold Hodaka and several other brands as well as snowmobiles. Mona, Vic and their two sons Will and Russ spent nearly every weekend in the mountains of Montana riding trail bikes, snowmobiling, and camping.

    Mona entered the fight for motorcyclists' rights in 1967, when Wilderness legislation was introduced that restricted off-highway vehicle (OHV) riding opportunities in her home state of Montana. She has been at the front lines of the OHV rights battle ever since.

    In 1984 Mona was one of the founding members of the Great Falls Trail Bike Riders Association, the largest and most active OHV club in Montana with over 900 members and is currently the Secretary/Treasurer. She is also a founding member of the Montana Trail Vehicle Riders Association (MTVRA). She has served Secretary/Treasurer for many terms and has been the legislative liaison for MTVRA for the past decade. She is also the editor of Montana Trail Rider News.

    To help educate the young riders regarding the safe and responsible use of Off-Highway Vehicles (OHVs), Mona was instrumental in the development of the Montana "On the Right Trail" ethics education program, which she continues to administer. She has also served for 10 years as the OHV representative on the Governor's Noxious Weed Task Force. She is currently the Executive Administrator to the National Off-Highway Vehicle Conservation Council (NOHVCC) and received its Hall of Fame Award in 2009.

    "I've been a member of the AMA for some time, and I've always supported the AMA Museum, so this is such an honor," Ehnes said, referring to her Hall of Fame induction. "I've been involved with motorcycles and motorcycling since the '60s. Dirt biking is my life. If somebody is willing to give me this kind of recognition, then I hope that it inspires other riders who love dirt biking as much as I do to get out and get involved."

    Kathy Van Kleeck, Senior Vice President of Government Relations for the Motorcycle Industry Council and chairwoman of the AMA Motorcycle Hall of Fame Leadership/Motorcycle Rights Advocates Committee, said: "Mona is truly a legend in the off-highway vehicle community -- a shining example of a quiet leader who has set the gold standard through her thousands of hours of volunteer work and dedication to protecting off-highway vehicle recreation. What Mona's biography can't convey is her relentless passion for the cause and her can-do spirit. She tackles difficult issues head-on to find solutions and re-energizes all with whom she works. No one could be more deserving of this highest honor."

    Russ Ehnes, Executive Director of NOHVCC and Mona's youngest son said "My mom is the driving force behind both the Great Falls Trail Bike Riders Association and the Montana Trail Vehicle Riders Association. If you look at just about anything that these groups have accomplished in the past 25 years, you'll see Mona's fingerprints on them. Her hard work, honesty, and dedication have inspired nearly every OHV activist in Montana and without her hard work there is absolutely no question that we would have fewer places to enjoy off-highway vehicles in Montana."

    Congratulations, Mona!

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    Discounted Software for Non-Profits

    by Karen Umphress, NOHVCC Project Coordinator

    As technology continues to change and improve, it can get difficult and costly to continue to upgrade to the latest and greatest versions. There are a few things that you can do to minimize the costs. One of the easiest ways decrease your costs for upgrading is to leverage your non-profit status.

    For this discussion, it is imperative that we clarify the difference between non-profit and tax-exempt. Tax-exempt status is a status designated by the Internal Revenue Service. This filing is separate from your State's non-profit status, but for our clubs and associations, you need to be a non-profit before you can become tax exempt. The IRS will send you a 501(c)3 notification letter when your tax exempt status is confirmed. This is the letter people will want when they ask for your 501(c)3 letter or certificate.

    Now we are going to have a little legalese. I will be mentioning some specific companies during this article. This is not because NOHVCC is recommending, advocating, or is in any way connected or partnering with these programs. These are simply ones of which we are aware. There are most likely other services and companies which offer the same types of discounts. Never be afraid to ask about non-profit rates where ever you're purchasing anything for your club or association. We just got 50% off of a show rate because we asked about it.

    TechSoup.org is a large internet software selling house. They collect software that is donated by many software companies such as Adobe and Microsoft. Non-profits can order this software and TechSoup will only charge an administrative fee for the transaction. This is a great way of getting one or two sets of software. TechSoup will also sell refurbished hardware such as desktop or laptop computers for discounted rates and are guaranteed to be reliable. Again, these computers are only available to non-profits. TechSoup requires IRS tax-exempt status. Their website has all of the details and is www.techsoup.org.

    Insight is a large distributor of computer technology products. They have a special sales division for non-profit companies. How this process works is you tell them what you want/need. They have certain products that they offer, plus they have the ability to contact the companies to negotiate products that are not part of their standard offering. They also have the ability to sell volume licenses if your club or association needs several sets of software. Hardware is also available at discounted prices. This company also requires IRS tax exempt status. Their website is www.insight.com. To order, call their toll-free number and connect to their non-profit division.

    Website development and management software also has been improving. There is software called Content Manager System software or CMS. This software application is designed to allow anyone who can work in a Word document the ability to update some of the content of a web site. This can be a tremendous help for clubs and associations to get their web sites updated easily and without the added costs for a programmer, or can save time for the club member who knows how to create and update the site now. The software that NOHVCC will be using is from sitefinity.com. If you are a non-profit, and don't mind their logo at the bottom of your pages, you can use their CMS system for free. Just go to their site and download the application. The set-up of this system will take time and money, but once it is set up, the tools can be invaluable. This application includes ready-made modules such as news and event pages, a forum, and document lists. The latest version has wiki capabilities. The company requires that you have non-profit status. For more information go to their web site at www.sitefinity.com.

    We are going to end our discussion of non-profit discounts here, but if you already have a relationship with a company, ask them if they can do anything to assist you with costs if you are a non-profit. Then upgrade your systems and try to leverage technology to help you save your most precious resource, your time.

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    Glenn Myers Retires as NOHVCC State Partner

    by Jack Terrell, NOHVCC Senior Project Coordinator

    Glenn Myers announced his "retirement" at the 2009 NOHVCC Conference. He is stepping back from the NOHVCC State Partner to be the NOHVCC Associate Partner for Alabama.

    Glenn is one of the founders of the 210 member Cheaha Trail Riders club that was started in 1988. Check out their website (www.cheahatrailriders.com) to learn the details of this dynamic, involved club. Initially Glenn and the Cheaha Trail Riders concentrated on development and maintenance of the OHV trail system on the Talladega Ranger District of the Talladega National Forest, but they later adopted many additional projects.

    Glenn first contacted NOHVCC in 1992 and attended his first NOHVCC conference in Atlanta in early 1994. He served on the NOHVCC Board of Directors for many years. Back in 2000 Glenn decided Alabama needed to have a multi-use OHV park and set out to make it happen. Working with the US Bureau of Land Management, Chilton County, the Alabama Department of Economic & Community Affairs, and other state agencies plus using grants from the Recreational Trails Program, Minooka Park became a reality. Located less than an hour south of Birmingham, and now expanded to nearly 400 acres, the park opened to the public in 2006 and won a national award from the Coalition for Recreational Trails. To check out the trail systems and amenities at this multi-use park, go to Minooka Park's website.

    Despite the trials and tribulations encountered in the planning and development of Minooka Park (nobody said it would be easy), in 2005 Glenn decided Alabama needed a second OHV park, so he started the planning process for the Stony Lonesome OHV Park in Cullman County (45 minutes from Birmingham). RTP grant money purchased the land and developed the 1,456-acre multi-use park that opened in 2008. The park has trails and areas for dirt bikes, ATVs, 4WD rock crawlers, as well as mountain bikers, equestrians, hikers, pedestrians and more. Check out their website.

    Not limiting himself to projects in Alabama, in 2008 Glenn worked on designing and building the trails at the Warfield Point OHV Park in Greenville, MS.

    Back in Alabama Glenn has led the effort to develop an OHV trail system at the Coosa River Annex property. It is the site of an old Army munitions depot that reverted to National Park Service property. NPS later transferred the land to Talladega County. A Park Board has been established and RTP funds will be used to develop the park. At the same time he was working to open 7,000 acres in the Geneva State Forest to OHV use.

    Not content with riding opportunities on public land, he now is working with Alabama Forest Owners Association to open private land for OHV recreation.

    If all this is not enough, Glenn is active with the Alabama 4H OHV program and is an AMA field representative.

    We wish Glenn all the best, but it sure sounds like a busy "retirement" to us.

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    RTI 2009 Fall Marshall University Scholarship Winner

    by Karen Umphress, NOHVCC Project Coordinator

    NOHVCC partnered with the Nick J Rahall II Appalachian Transportation Institute (RTI) to offer a scholarship for the Fall 2009 Marshall University OHV Recreation Management course, PL450/550 - Introduction of OHV Recreation. This course is one of a series of 4 courses in the OHV Recreation Management track which were developed in partnership between Marshall University and NOHVCC staff members.

    Christopher "Chris" Nichols was the recipient of the scholarship. Chris is currently working for the US Forest Service as a Recreational Technician. He is also attending the University of Arkansas Monticello; majoring in Forestry. Chris also is a volunteer with the Ouachita National Forest in Arkansas and a member of the Arkansas Off-Highway Vehicle Conservation Association. As Chris explains, his volunteering hours have increased in the past few years. "When I first started volunteering", says Chris, "I did nothing more than trail clean-up, but as the MVUM [Motor Vehicle Use Map] starting being addressed I went above and beyond, eventually deciding that a job with the Forest Service is where I want to go with my life. Since that time I have been President of my local club (the Arkansas Trail Blazers, aka Trail Voyagers) and have applied for over $250,000 worth of grants through RTP." The goals that Chris has for taking the Marshall University course include, "...to establish myself in the Forest Service and help OHV users while enjoying a career path that I find rewarding and challenging."

    When speaking about the course, Chris says, "I have enjoyed the course. For most enthusiasts this first course will have a lot of review, but it is excellent for anyone who is new to Off-Highway Vehicles or is on the outside looking in trying to understand the sport and expectations. I have really enjoyed the detailed look into other areas and to see what has happened, what works, and what has not worked. This course has an excellent ability to introduce new ideas that can be applied to your current project whether it be a trail system, campground, or OHV park. Sometimes we can get tunnel vision which can cause us to spend quite a bit of time on problems that have already been solved elsewhere. Watching the webinars along with the class reinforces the material taught and also introduces the material to come. Overall I have been very pleased with the course and thank NOHVCC for the chance to take it."

    Congratulations to Christopher Nichols on his scholarship. We hope that he achieves his goals.

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    Sovereign Trail Highlights Cooperative Trail Maintenance

    by Russ Ehnes, NOHVCC Executive Director

    In early October I took a week of vacation and went to Moab to ride motorcycles. Our group included my son Cory, my friend George, and four good friends from Alberta, where the riding season was about at its end. For most of us, it was our second or third trip to this spectacular area that is extremely popular with motorcycle, ATV, 4x4, and side-by-side (ROV), and mountain bicycle riders. The scenery is spectacular and there are technical challenges for every skill level.

    One area that we'd all heard about but none of us had visited was the "Sovereign Single Track Trail" area. It's an area that isn't as well known as some of the more high profile trails such as the "Poison Spider Trail" or "Hells Revenge"; and frankly, in an area where dramatic names are a dime a dozen, the "Sovereign Trail" sounds a little flat. In reality, there's nothing flat or boring about these trails.

    The area is the only single track trail system in the immediate Moab area that is open to motorcycles and it's an area that is a great example of different trail enthusiast groups working together toward a common goal. Though the area is on Utah State lands, most of the management and maintenance of the area falls squarely on the shoulders of an organization named Ride with Respect.

    Ride with Respect (RwR) is a group that does not represent motorized or non-motorized trail enthusiasts, they represent trail enthusiasts. Their "Call to Action" explains it well:

    "Do you value natural landscapes and your privilege to recreate within them? Do you recognize that the growing popularity of outdoor recreation demands heightened on-the-ground involvement to protect natural resources while accommodating multiple-use recreation? And are you frustrated by the polarization of environment-vs.-access issues, which has paralyzed land managers into a bureaucratic gridlock? If so, then support the organization that shares your vision."

    I've been receiving e-mails from Clif Koontz, Ride with Respect Program Director, for several years. As it turned out, I had the opportunity to meet Clif and several other volunteers on the trail, as he and his crew were armoring a short trail segment with stones and fill. The volunteer group included motorcycle riders, mountain bike riders, and riders who do both. He pointed out that RwR emphasizes the importance of staying on the trails and that clearly marked trails eliminates confusion. Eliminating confusion and providing high quality, sustainable, challenging trails has resulted in a trail system that is shared by mountain bike riders, hikers, and motorcyclists; and meets the needs of all of these groups.

    RwR members (left to right) Clif Koontz, RwR program director (m'cycle & bicycle) Terri Cygan, volunteer (bicycle) Tom Feisthamel, volunteer (m'cycle & bicycle) Mike Woodall, volunteer & Utah State Parks (m'cycle) Jeff Fink, RwR lead trail technician (bicycle)

    RwR uses the NOHVCC Publication "Management Guidelines for OHV Recreation" and the principals of the "Four Es" in their efforts and, as they point out on their web page, believe that trails need to be enjoyable and there needs to be adequate opportunities for people to "do their thing". As Clif explained to me, "these trails are riders' trails". As an avid motorcycle rider, I can testify that the trails in the Sovereign Trail System are fun. There is no doubt that the people who laid them out are not only highly skilled in the art of designing sustainable, but are also avid trail riders who understand what make trails fun to ride.

    The trails take full advantage of the topography of the area by winding in and out of the canyons, rocks, and slick rock. There are also varying degrees of difficulty available for all riders.

    During my time on the trail, I noticed several things; the trails are heavily used but in great shape, everyone I met on the trail was friendly, and off-trail use is almost non-existent. Ride with Respect is working hard to use the "4Es" and building community support for a "riders' trail system". They are doing a great job of building on the common ground between recreational riders, utilizing volunteers, working with the Utah Department of Natural Resources, and obtaining grant monies to support their trail system. It's not only working, it's working well.

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    Environmental Litigation Gravy Train

    Opinion piece by Karen Budd-Falen, Budd-Falen Law Offices, Sept 16, 2009

    This article is printed with permission of Karen Budd-Falen

    Consider these facts

    • Between 2000 and 2009, Western Watersheds Project (WWP) filed at least 91 lawsuits in the federal district courts and at least 31 appeals in the federal appellate courts.
    • Between 2000 and 2009, Forest Guardians (now known as WildEarth Guardians) filed at least 180 lawsuits in the federal district courts and at least 61 appeals in the federal appellate courts.
    • Between 2000 and 2009, Center for Biological Diversity (CBD) filed at least 409 lawsuits in the federal district courts and at least 165 appeals in the federal appellate courts.
    • In addition, over the last 15 years, the Wilderness Society has filed 149 federal court lawsuits, the Idaho Conservation League has filed 69 federal court lawsuits, the Oregon Natural Desert Association has filed 58 lawsuits, the Southern Utah Wilderness Association has filed 88 lawsuits and the National Wildlife Federation has filed 427 lawsuits.
    • In total, the eight environmental groups listed above have filed at least 1596 federal court cases against the federal government.
    • Every one of the groups listed above are tax exempt, non-profit organizations. Every one of those groups listed above receives attorney fees for suing the federal government from the federal government.
    • These statistics do not include cases filed in the administrative courts, such as BLM administrative permit appeals before the Office of Hearings and Appeals or Forest Service administrative appeals. These statistics only include federal district court cases.
    • On the other end, these same environmental groups are receiving billions of federal tax payer dollars in attorney fees for settling or "winning" cases against the federal government. Accurate statistics have not been kept by the Justice Department or the federal agencies, thus there is no accounting for the total amount of tax dollars paid, however, we were able to uncover these facts:

      There are two major sources for attorney fees that can be paid to plaintiffs that "prevail" in litigation either by winning a case on the merits or by the Justice Department agreeing that the group "prevailed" in a settlement by achieving the purpose of the litigation. One source of funding is called the "Judgment Fund." The Judgment Fund is a Congressional line-item appropriation and is used for Endangered Species Act cases, Clean Water Act cases, and with other statutes that directly allow a plaintiff to recover attorney fees. There is no central data base for tracking the payment of these fees, thus neither the taxpayers, members of Congress nor the federal government knows the total amount of taxpayer dollars spent from the Judgment Fund on individual cases. The only information regarding these fees that is available is:

      • In fiscal year 2003, the federal government made 10,595 individual payments from the Judgment Fund to federal court plaintiffs for a price tag of $1,081,328,420.
      • In 2004, the federal government made 8,161 payments from the Judgment Fund for $800,450,029.
      • In 2005, 7,794 payments were made from the Judgment Fund for a total of $1,074,131,007.
      • In 2006, the federal government made 8,736 payments from the Judgment Fund for $697,968,132.
      • In only the first half of fiscal year 2007, the federal government made 6,595 payments from the Judgment Fund for $1,062,387,142.
      • In total, $4,716,264,730.00 (that is billion with a "b") in total payments were paid in taxpayer dollars from the Judgment Fund from 2003 through July 2007 forattorney fees and costs in cases against the federal government.
      • The second major source of payments to "winning" litigants against the federal government is the Equal Access to Justice Act (EAJA). EAJA funds are taken from the "losing" federal agencies' budget. Thus, for example, the attorneys fees paid under EAJA come from the "losing" BLM office's budget. That is money that could be used for range monitoring, NEPA compliance, timber projects, archeology and cultural clearances and other agency programs. Within the federal government, there is no central data system or tracking of these payments from the agency's budgets. The only statistics we were able to compile are as follows:

        • Between 2003 to 2005, Region 1 of the Forest Service (Montana, North Dakota, northern Idaho) paid $383,094 in EAJA fees.
        • Between 2003 to 2005, Region 2 of the Forest Service (Wyoming, South Dakota, Colorado, Nebraska, Oklahoma) paid $97,750 in EAJA fees.
        • Between 2003 to 2005, Region 3 of the Forest Service (Arizona, New Mexico) paid $261,289.85 in EAJA fees.
        • Between 2003 to 2005, Region 4 of the Forest Service (southern Idaho, Utah, Nevada) paid $297,705 in EAJA fees.
        • Between 2003 to 2005, Region 5 (California) of the Forest Service paid $357, 023 in EAJA fees.
        • Between 2003 to 2005, Region 6 (Washington state, Oregon) of the Forest Service paid $282,302 in EAJA fees.
        • Out of the 44 total cases in which the Forest Service paid EAJA fees between 2003 and 2005, nine plaintiffs were NOT environmental groups and 35 payments went to environmental group plaintiffs.
        • We also tried to track the fees paid to environmental groups in certain federal courts. For example, in the Federal District Court for the District of Idaho, over the last 10 years, WWP received a total of $999,190 in tax dollars for "reimbursement" for attorney fees and costs. Of the total cases filed by WWP in the Federal Court in Idaho, 19 were before Judge Winmill; eight of those cases resulted in a decision on the merits with WWP prevailing and with the total attorney fees being awarded of $746,184; six of the cases were settled by the federal government with a total attorney fees still being awarded of $118,000. WWP won one case but attorney fees were not paid. WWP lost six cases. There were two cases in which the documents indicated that the federal government agreed to pay attorney fees, but the payment amount was kept confidential from the public.

          In my opinion, there are a lot of things wrong with this picture. The federal government is spending billions in tax payer dollars without any accounting of where the money is going or to whom it is going. There is no oversight in spending this money, especially the money that is coming out of agency budgets that should be funding on the ground programs to protect public lands, national forests, ranchers, recreationists, wildlife and other land uses.

          Nonprofit, tax exempt groups are making billions of dollars in funding; the majority of that funding is not going into programs to protect people, wildlife, plants, and animals, but to fund more law suits. Ranchers and other citizens are being forced to expend millions of their own money to intervene or participate in these lawsuits to protect their way of life when they have no chance of the same attorney fee recovery if they prevail. In fact, they are paying for both sides of the case for their defense of their ranch and for the attorney fees for environmental groups receive to sue the federal government to get them off their land. There are also numerous cases where the federal government agrees to pay attorney fees, but the amount paid is hidden from public view. Somewhere this has to stop and the government has to be held accountable for the money it's spending.

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          Help the next generation of OHV riders get started on the right track.
          Club Start-Up Kits: Everything you need to know about starting and running a successful OHV riding club.
          Management Guidelines for OHV Recreation: Time-proven strategies for the building and maintenance of environmentally sustainable and quality OHV trail systems. Now available in PDF!
          Park Guidelines for OHVs: A resource guide to assist in the planning, development, enhancement and operation of OHV recreation facilities.
          Instructional GPS Trail Mapping DVD: How to map trails for the USFS OHV Route Designation process and other applications.
          Stationary Sound Test Manual: A detailed how-to guide with RPM settings for various models- follows the SAE J1287 procedure.

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          ©2007 National Off-Highway Vehicle Conservation Council, Inc.
          427 Central Ave. West, Great Falls, MT 59404
          Ph: 800-348-6487 • Fx: 406-454-9142 • trailhead@nohvcc.org
          The NOHVCC is a 501(c)(3) Not-For-Profit Foundation