Out-of-state riders who plan on riding in the scenic state of Iowa will need to purchase a $15 trail permit to ride the Iowa trails. The permits will be sold at any depot where hunting and fishing licenses are sold, utilizing the existing electronic registration system already in place.

David Downing, snowmobile program manager for the Iowa Department of Natural Resources, advocated the permit in light of the fees charged to out-of-state riders in so many other states across the snowbelt. “The idea that an out-of-state snowmobiler isn’t going to come here and buy a pass because we don’t have anything is hooey,’ Downing stated. “We go there, we buy a pass. All these states are doing away with reciprocity. We need to as well. When they come here, they should pay.” Downing stated he really doesn’t feel it will hurt tourism to the state, and added, “We will be sending notices to other states that reciprocity is out the window so there shouldn’t be any surprises.”

The money generated by the permit system will be earmarked for groomed purchases and other snowmobile trail improvements.

Iowa residents will also now be able to register their machines using this same electronic system across the state, making snowmobile registration quicker and easier. For this season, electronic registrations of this type will be provided a computer-generated sticker to be affixed to the windshield. Sleds registered through the county recorders offices will still be provided “traditional” registration stickers for each side of the hood. By next season, the IDNR hopes to go straight to the electronic system, which would save an estimated $17,000 for renewal registrations. Anything other than a renewal will still have to go through the county recorders office.

More money was needed to groom and maintain the snowmobile trails in Minnesota, so a new law in the state of Minnesota requires all persons operating a snowmobile on a state or grant-in-aid trail to possess a Snowmobile Trail Sticker. This does include all residents and non-residents; everyone.

There are three types of “stickers’ available; an annual $16 trail sticker, a three-year $31 trail sticker that can only be purchased at the time of vehicle registration, and an annual $31 trail sticker that the DNR officer will sell you if you get caught without one.

Previously, trail stickers were only required by out-of state riders visiting Minnesota. This new trail sticker is required on all snowmobiles using state trails or state funded trails.

Why not just add this amount to every snowmobile registration? This system allowed separate accounting for the funds to be directed towards trail maintenance (and decrease the chance of pilfering by state legislators if there is money left over). It was also viewed as a fairer “user-pay” method of helping fund the groomed trail network, which is not used by all snowmobiles registered in the state of Minnesota. While the number of sleds that do not use the groomed trail network is small, it was significant enough to not simply charge all sled owners whether they use the trails or not. This way, any and every sled that uses the trail network will help pay for the maintenance and enforcement.

There are several ways to purchase one of these trail stickers; the easiest is to use the Minnesota Electronic License System (ELS), which consists of electronic terminals that sell hunting and fishing licenses and are found at many gas stations, lodges, and many small stores and larger retail outlets across the state. To find locations by county visit www.dnr.state.mn.us/licenses/agents.html

You can also obtain the stickers online (www.dnr.state.mn.us) are by calling 888-665-4236, but there will be a $3.50 “convenience fee” added for these transactions. You can also download a form from this website that can be mailed to the Minnesota DNR. The display instructions indicate the permit should be placed directly above or below the headlight. The permits we’ve seen (from ELS terminals) have no adhesive backing, so they require the “adhesive patch” like what we’ve seen with the Wisconsin ELS permits. For more information contact the DNR Information Center at 888-646-6367 or e-mail to info@dnr.state.mn.us

A rider was successfully attached to a recently passed Interior Appropriations bill that directs the National Park Service to keep in effect for the upcoming winter season the current rule which authorizes up to 720 snowmobiles each day in Yellowstone National Park. This effectively blocks the federal courts (and anti-access groups) from barring the use of snowmobiles in the park this winter.
But this battle is far from over. The anti-access groups are continuing with their legal action to close the park to ALL winter visitors. Considering how clean and quiet the Best Available Technology (BAT) snowmobiles are which enter the park, how far behind can summer visitors be from also being denied access?
The International Snowmobile Manufacturers Association (ISMA) filed a petition for the courts to look at “judge shopping” that the anti-access groups perform, looking for those who are more apt to rule in their favor. ISMA has asked that any suits be heard in Wyoming.
On a positive note, the Wyoming Restaurant and Lodging Association is continuing their legal action in Wyoming to change some of the current restrictions, including the “commercial guide requirement” for all groups entering Yellowstone.

Unanimous decision upholds recreation access ruling in Utah District Court

With Bill Dart, BlueRibbon Coalition Executive Director

In a unanimous decision June 14, 2004, the Supreme Court upheld a Utah District Court ruling dismissing claims brought in 1999 by the Southern Utah Wilderness Alliance (SUWA) and other anti-access groups against the Bureau of Land Management (BLM). The suit targeted BLM’s alleged inaction in managing off-highway vehicle (“OHV”) access. SUWA’s demands to immediately close nine popular OHV recreation areas were rejected by the Utah District Court, but that decision was reversed by the 10th Circuit Court of Appeals. The BLM, the BlueRibbon Coalition and the Utah Shared Access Alliance (USA-ALL) petitioned for review by the Supreme Court. The Court granted BLM’s request and heard oral argument in March of this year.

The case before the Supreme Court turned on a fairly complex jurisdictional point. The Administrative Procedure Act allows lawsuits to compel nondiscretionary actions that have been unlawfully withheld or unreasonably delayed. The OHV groups convinced the District Court that SUWA’s claims went far beyond this standard and were really attempting to dictate the everyday activity of the BLM. Thus, the case focused on the degree to which private parties dissatisfied with government action can sue the agency under an alternate “failure to act” theory.

Justice Antonin Scalia said SUWA’s argument would insert the court into the day-to-day operations of the agency and “would divert BLM’s energies from other projects throughout the country that are in fact more pressing. While such a decree might please the environmental plaintiffs in the present case, it would ultimately operate to the detriment of sound environmental management.”

“We have raised these arguments with limited success since the mid 1990′s, and it is reassuring to see the Court has ultimately agreed with our analysis,” noted Paul Turcke, the Boise, Idaho lawyer acting as lead counsel for the OHV groups. “This case was never about limiting legitimate review of formal agency decisions, but will clarify that disgruntled and well-funded special interest groups cannot interfere with the ongoing administrative process simply by claiming the agency is failing to act,” Turcke concluded. There are numerous other cases at various levels of the federal court system that could be affected by this ruling including several where snowmobiling in WSAs has been challenged.

Team Effort…
In October of 1999, Rainer Huck, president of the Utah Shared Access Alliance (USA-ALL) contacted BRC with advance word that SUWA was filing a very large lawsuit against the BLM. Among other things, SUWA demanded the court ban all vehicle use on nearly 10 million acres! The national significance of the lawsuit was immediately apparent. We had to move to intervene fast in order to prevent an out of court, “sweet heart” settlement.

In the Utah District Court, BRC and USA-ALL argued SUWA’s claims are really about the sufficiency of BLM’s management of OHV use, and represents a “management through litigation” approach in an attempt to force the BLM into SUWA’s preferred management option, which is to close large areas to vehicle access. We also argued that effective solutions to management challenges require a balance of resource needs and local human interests. This balance is best reached when the BLM involves all public land visitors in its decisions.

Responsible recreational use, even the OHV use occurring inside Wilderness Study Areas, is properly occurring through coordination and collaboration with states, counties and OHV user groups. The BLM noted that while there may be some illegal OHV use occurring, they refuted SUWA’s allegations about the overall damage OHV use is causing. The areas have been the subject of extensive analysis and management planning by BLM to manage these areas responsibly.

The national significance of BRC’s role in this case and the arguments can not be overstated. The legal precedent SUWA sought in this case would apply to all federal agencies and all motorized recreation. If SUWA and their litigation partners had prevailed, the management activities of all federal agencies, not only the BLM, would be hostage to fringe groups of all manner and sort. It certainly would have paralyzed federal land management allowing anti-access groups to further force their agenda on land managers.

Everyone at BRC and USA-ALL is very proud of this victory. The point we wish to emphasize, however, is how much BRC appreciates and values our members and supporters. Without your grass-roots support, these federal judges would not hear any other perspective besides that of SUWA’s. Because of your involvement, these judges heard from the people who actually use the areas these anti-access groups want to close.

In conclusion, allow me to express our sincere thanks to all who have faithfully and generously supported BlueRibbon. SnowTech readers who aren’t already members can contact BRC at our toll free number (800)257-3742 or check us out on the web at www.sharetrails.org.