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RE: [RC] [RC] Forest Service Land Management Plan Appeal - Howard Bramhall

Jim, I'd follow you to "Hell" and back (just happens to be part of your address, btw) on this one. I'll join whatever organization, do whatever you or Jerry say, attempt to do it the right way, because I know my thoughts on this are not the way to go.

But, quite frankly, if your way or Jerry's way doesn't work, then, it may be time for some radical, revolutionary action. I'm to the point on this where I say to the "copper," "Try and stop me from riding there. Really, just try and stop me."

For you see, when it comes to something one truly believes in, there may come a time where you have to risk it all for what is right or what is wrong. What is happening to these trails is wrong and it's very close to an area of this world where I plan on spending my last few years (on the back of a horse).

I hope it never comes to doing it my way and I promise ya'll I won't be doing this anytime soon (because Jim and Jerry tell me it only makes things worse) but, if we ever throw in the towel on our attempts to deal with the Forest Rangers in a reasonable manner when it comes to our trails, there is one alternative left, as bleak as that one may be.

As some feel about their guns this is how I feel about my right to ride a horse on Public lands. "You will only be able to take my reins away when my hands are cold and dead."

cya,
Howard


From: "Jim Holland" <lanconn@xxxxxxx>
To: "Ridecamp" <ridecamp@xxxxxxxxxxxxx>
Subject: [RC]   Forest Service Land Management Plan Appeal
Date: Wed, 12 May 2004 07:21:39 -0400


NOTICE OF APPEAL FILED REGARDING HORSE RESTRICTIONS IN THE NATIONAL FORESTS


In the course of human events, sometimes governments, organizations, groups,
and individuals violate the trust for which they have been given
responsibility. In a letter to USA TODAY entitled "Put the Public First",
Marc Perkel of San Francisco wrote, "The government exists for the sole
purpose of serving the people. When one looks at the Constitution, it is
clear that it was written by people who distrusted government. In fact, the
distrust of government is the duty of every citizen. It is to be assumed
that everyone in government needs to be scrutinized." Marc, I could not
agree more. Our elected and appointed officials have made a LOT of bad
decisions lately.

It is our duty as citizens to ensure that the policies that govern the use
of our public lands are consistent, fair to all users, and
non-discriminatory.  Regulations should be based on sound studies and a
logical assessment of data, not on arbitrary assumptions, predictions, and
opinions.  In the history of our country, there have been many instances of
concerned citizens who were being mistreated or discriminated against
raising their voices in protest.  Rallies, protest marches, editorials,
letters of support, appeals, legal challenges...and your VOTE.are some of
the lawful and acceptable means of addressing abuses.

The firm of Saltman & Stevens, P.C. have filed an appeal with the USDA
Forest Service on behalf of the East Tennessee Chapter of the Back Country
Horsemen of America regarding the decision to implement the Land Management
Plans containing restrictions on horse and pack stock travel in the
Chattahoochee and Oconee National Forests in Georgia and the Cherokee
National Forest in Tennessee.

The appeal for the Chattahoochee/Oconee National Forests states that "Given
the overbroad restriction on horse and pack stock activity pursuant to
FW-127, the lack of sufficient environmental analysis related to the
alternative containing that restriction and the other reasons set forth
herein, the Regional Forester's decision was arbitrary, capricious and not
in accordance with applicable law."  The main headings of the appeal is as
follows:

1. The Regional Forester's decision to impose a blanket rule prohibiting
horse and pack stock users from more than 99% of the Forests' overall area
lacks a reasonable basis.

     a.  The Regional Forester's decision that 461,098 acres of the
Chattahoochee-Oconee National Forests are suitable for logging operations
but only 144 acres are suitable for horse and pack stock use is illogical.

b. The Regional Forester's decision to restrict cross-country horse and
pack stock use in order to prevent detrimental environmental impacts but not
to regulate the same use by hikers is arbitrary in light of the FEIS's
(Federal Environmental Impact Statement) conclusion that the activity of
hikers also detrimentally impacts the environment.

c. To the extent that the Regional Forester banned horse and pack stock
from use of 99% of the Forests' overall area out of a concern over potential
future impacts, his decision not to implement efforts to educate users to
mitigate any future impacts was arbitrary and capricious.

2. The Forest Service failed to assess the environmental impacts of current
recreational horse and pack stock activity on the Forests in Alternative F
(the non-action alternative) in violation of NEPA. (National Environmental
Protection Agency)

3. The Forest Service failed to assess reasonable alternatives, which
include site-specific efforts and increased public education to reduce the
perceived impact of horse and pack stock use on the Forests in violation of
NEPA and NFMA.

a. The Regional Forester's explicit finding that the "only" way to
protect the resources of the Chattahoochee-Oconee National Forests was to
restrict horse and pack stock activity to designated trails is not supported
by the record and is therefore arbitrary and capricious.

4. The Forest Service failed to assess the environmental impact of
concentrating all horse and pack stock use onto less than 1% of the Forests'
overall area, thereby violating NEPA.

5. The Forest Service is increasing the safety risks for horse and pack
stock users by encouraging their increased used of roads that are used by
motorized vehicles.

6. The Forest Service failed to assess the increased demand on its already
limited budgetary resources to enforce the new regulation limiting horse use
to 1% of the Forests.

7. The Forest Service has prohibited historic use of the Wilderness Areas
within the Chattahoochee-Oconee National Forests in violation of the
Wilderness Act.

8. By prohibiting horses from more than 99% of the Forests' area, the Forest
Service has denied disabled people the ability to see all of this area.

*****You cannot camp with your horse anywhere in the Chattahoochee or Oconee
National Forests except at an equestrian trail head. You are not allowed
off a designated trail, not even to water your horse!!*****

The Land Management Plans can be found at:

For the Cherokee National Forest:

http://www.southernregion.fs.fed.us/cherokee/planning2003/index

For the Chattahoochee-Oconee National Forests

http://www.fs.fed.us/conf/200401-plan/index.htm

The LMP documents are very large and making sense of them is somewhat like
trying to decipher the tax code.  Read the appeals first.  They reference
the appropriate sections of the FEIS and Land Management Plans so you won't
have to thrash through the entire LMP to find the relevant areas.

I am not, nor have ever been, a member of the Back Country Horsemen of
America and my opinions are my own. I strongly support their position on
the Land Management Plans and encourage all equestrians to provide moral,
physical, and financial support to their efforts with the maximum time and
resources you can spare. This includes ALL equestrians nationwide. If you
want your children and grandchildren to have access to public lands on
horseback, it's time for you to be heard. IMHO, the alternative of
ingratiating yourself to the Forest Service decision makers for what few
crumbs they will throw you while setting a precedent for them to do this in
other National Forests is an unacceptable alternative. If you don't get
involved, then NO WHINING when your children and grandchildren lose their
right to freely ride public lands.

You can find the appeals and their exhibits, links to the Land Management
Plans, and my letter to Forest Service Chief Dale Bosworth with a copy to
organizations and individuals, as I felt appropriate at:

http://www.threecreeksarabians.com/fs.htm

They are in PDF format. Print the appeals and pass them out to horse clubs,
at rides and horse shows, post them in feed stores, hardware stores, leave
them with the reading material at your doctor/dentist offices and with your
Vet and farrier. I will be happy to email you a copy in WORD format or
"snail mail" you a hard copy. Just give me a call or drop me a note. If
you can't afford to help financially, at LEAST invest a little time. You
may print and hand out this and anything on the web site. Whether you
decide to DO anything or not, please make sure that all equestrians are
AWARE of the Land Management Plans and the Appeals.

FYI.the Forest Service has a HEAVY spam filter on their email, so I would
expect that most of the unsolicited email from the general public goes in
the trash without being read.  If you want to know that your opinion was at
least RECEIVED by the Forest Service, spend a few dollars and send a
registered letter.

I will be 62 years old this year. I spend many hours hiking and riding the
Chattahoochee NF. I love it and care for it as though it were my own.
Hopefully there will still be a horse trail to ride when I am too old to get
there on foot. Joan has promised to carry my ashes on my horse "Sunny" to a
special place overlooking the Jacks River watershed in the Cohutta
Wilderness and scatter them in the wind. I hope she will be able to do
that. I have no children, so beyond that it won't matter to me. Can you
say the same? I'll do everything I can, but it's really YOUR choice, not
mine. If you choose to pass on this opportunity, so be it. Good Luck!

Jim Holland, Sun of Dimanche+, and Mahada Magic




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