View Full Version : Letter time again for the AZ State Land

01-25-2005, 07:04 PM
I will work on starting an example tomorrow with contact info. Any
> would be appreciated.
> Jim F.
> The Arizona State Land Department is proposing a new rule that will
> enable ASLD to close State Lands to recreational uses when those
> are subject to conditions conducive to increased dust problems,
> heavy recreational vehicular use or post-fire situations. The
> rule will enable ASLD under ARS 37-132(B)(8) to close urban lands to
> special uses for remediation purposes, dust abatement and other
> health and safety reasons.
> No public proceeding is scheduled. A person may submit written
> or request an oral proceeding be held by submitting comments or
> no later than 5:00 pm Feb. 7, 2005 to ASLD (Lillian Moodey, ASLD,
> W. Adams, PHX, AZ 85007, 602-542-2643, lmoodey@l...)
> This is part of many proposed rules listed in the Arizona
> Register/Secretary of State: Notices of Proposed Rulemaking (Title
> Natural Resaurces, Chapter 5 State Land Department, Sections
> R12-5-534).
> OK, this is the next big problem. All the work we have done will be
> nothing if we cannot get a handle on the PM 10 and fugitive dust
> As long as the county can set rule that treat the open desert as a
> vacant parking lot, we will lose every riding area in Maricopa
County. I
> tried to get help from some of the big groups on this issue that
work on
> the National level but that went no where.................
> We in Arizona have had the best luck with the folks that have been
> fighting for land access for years................here is what we
> Look At the above notice.................Submit a letter telling the
> State Land depart. that OHV has worked very hard to help manage our
> Recreation and will continue to help in any way we can. Closing the
> areas will only move the use to another area making the problem
> Tell them that if the dust is the issue then the area must be
closed to
> all users, motorized or not. Everyone causes dust and everyone
> their recreation in some type of motorized vehicle.
> Add that you would like this to be an oral proceeding. There has to
> public comment and hearings to close Land.
> If we have to follow PM10 rules we need to have the PM 10 readings
> averaged over a 7day/24hr. time period..............most use is on
> weekends and very little dust is generated during the
> week............this would be similar to the commercial rules. As far
> as who else to write to...............write your Senator,
> district rep. your congressmen.............tell them that your
> recreation brings into AZ. $4.3 billion and 36,000 jobs. That this
> be a big economic impact and should be considered very carefully.
The PM
> 10 rules were not written or designed for out side of the urban
> environment............consider possible revisions that would take
> casual use into consideration................ This can and will affect
> any State Trust Land and in a short time
> these closures, put more pressure on nearby "Other" Agency lands,
> will force them to consider the same rules to deal with PM 10. For
> businesses this will affect every aspect of our Sport, the OHVs
> sell, the acc.'s, the tires , the Toy haulers , trailers, food and
> beverages............ and once Maricopa county falls , all surrounding
> Counties will have
> follow in suit or be sued for cross over dust by Maricopa County. I
> told you about this in Sept. of 2004, here is the first attempt at
> making our sport and any motorized access a thing of the past. Please
> consider sending and email, or fax or
letter ..............but do
> something.
> Business folks , you need to form a association that will represent
> of you and take that to the Governor...................YOU will lose
> business. You folks that OHVers pay dues to for help in situations
> like this , Please consider this issue that will affect all BLM and FS
> land if allowed to go unchallenged
> We have come a long way in the last 6 years with creating managed
> recreation areas and parks , we can not allow this to pass without a
> fight.
> This is up to all of you , my one letter will not stop this, it
> all of us to stand together to make a difference ............. If you
> have any question please let me know. Sincerely Jeff Gursh
> Arizona Trail Riders and Arizona Off Highway Vehicle Coalition
> Dana Bell , could you forward to an MIC contact? Thanks you !

01-26-2005, 06:38 AM
I could not find any notice of the mentioned proposal on the internet. Can you provide a link to this information?

01-26-2005, 04:38 PM
Thanks for the heads up, Jim.

I've started a rough draft already. However, if you do have some ideas or a sample letter for others to work with, that would be great. I'm sure there are many people out there who want to help, but they are just a little intimidated by the letter writing process, not sure what to say, etc......

This is very important to ALL of us. We ALL use State Lands for wheelin'. We should ALL step up and write a quick letter letting the State Land Dept know how we feel.

How are you going to feel when you show up at your favorite wheelin' spot and it's closed???

This needs to be done before Feb 7. So get busy!


01-26-2005, 06:16 PM
I've been a little slow getting this together. I will try to get a letter done tonight and tomorrow.
Jim F.

01-26-2005, 11:05 PM
Will organizations like ORBA be helping us in this battle or are we depending on our letters and presence alone?

01-27-2005, 10:35 AM
Here's the link to ARS 37-132 (http://www.azleg.state.az.us/ars/37/00132.htm) if you are interested in reading it. Section ARS 37-132(B)(8) is the section that is under scrutiny. The proposed rule is for urban areas, not rural. What urban trails and recreation areas that will be affected by this proposal?

01-27-2005, 04:32 PM
Linda the first post pointed that out. They are using this rule to all State Land areas in Maricopa County.

So far we are on our own. I have all but finnished the letter and will post a copy ASAP.
Jim F.

01-27-2005, 04:43 PM
Hey Jim
Post it in the general thread so nobody overlooks it. This is to big an issue to get passed over.
Thanks for all you hard work,

01-27-2005, 05:03 PM
State Trust Land
Thursday, January 27, 2005

It has been brought to my attention that the Arizona State Land Department has proposed a new rule. It will enable ASDL to close State Lands to recreational vehicular use when those lands are subject to conditions conductive to increasing dust problems, like heavy recreational use or post-fire situations.

This is part of many proposed rules listed in the Arizona Administrative Register/Secretary of State: Notices of Proposed Rulemaking (Title 12 Natural Resources, Chapter 5 State Land Department, Sections affected R12-5-534).

The Arizona OHV users have worked in good faith to help manage our recreation we will continue to help in any way we can. Closing areas just moves the problem to another spot. To follow the PM10 rules and work together the PM10 readings have to be averaged over a 7 day/24hr time period similar to commercial rules. As most of the use is on weekends there is very little dust during the week. The problem stems that the PM10 rules where not written or designed for outside an urban area. Especially in a desert area. Please consider revisions that take casual use into consideration.
The long-range effect of this will be that OHV use will be squeezed out of Arizona. At this time the OHV recreation brings into Arizona 4.3 billion dollars and about 36,000 jobs. All this would be lost.
Two last items if closures happen an area must be closed to all users. They all create dust and they all access the areas by motorized vehicle. I would like to see this be an oral proceeding so the public has input. This will not affect just state land as the counties and federal agencies will end up following suit. This is a larger issue then it first appears.
Thank you for your time.

James K. Florence
Republican Precinct Committeeman
Mandalay District 10

02-20-2005, 08:18 PM
This is the response I recieved from the State Land Department from my letter I wrote them.


Thank you very much for your comments and concerns regarding proposed
R12-5-534. Land Closures for Land and Natural Resource Management.

The State Land Department manages more than nine million acres of Trust
land and resources and has a fiduciary responsibility to enhance value
and optimize economic return to its 14 Trust beneficiaries. While public
use of State Trust lands is not prohibited, it is regulated to ensure
protection of the land and its resources, and to compensate the Trust
beneficiaries for its use. Although the Land Department is not mandated
or funded to provide recreational opportunities on State Trust land, it
does issue Recreation Permits, along with a variety of other leases and
permits, which allow access to Trust land. Those uses, however, are not

The Department has received numerous comments regard this proposed
rule. To clarify the purpose of the rule, the following is provided:

The intent of the proposed rule is not to single out a specific
recreational use or user, but to ensure the safety and welfare of any
permitted user on Trust land and to protect the Trust's natural
resources. The rule will enable the State Land Commissioner, under
A.R.S. 37-132(B)(8), to close certain urban lands that pose a risk to
the public i.e., mine shafts, sink holes, earth fissures, contamination
and dangerous dust situations. Such closures will provide for land and
resource protection to the Trust's natural resources, thus ensuring
that the quality, value and usefulness of those lands will be maintained
and improved for recreational users while safeguarding the public's
health and safety.

The Department will be scheduling a public hearing regarding this
matter in which any member of the public will be able to attend and
provided testimony. Please check the Department's website at
www.land.state.az.us for the public meeting date, location, and

Lillian M. Moodey
Arizona State Land Department
1616 W. Adams
Phoenix, AZ 85007
(602) 542-2643
FAX (602) 542-5223