Off-Road Groups Challenge OHMVR Over Abuse of Authority
On January 26, 2007, EcoLogic Partners, the Off-Road Business Association (ORBA), the San Diego Off-Road Coalition (SDORC), the California Off-Road Vehicle Association (CORVA), the American Motorcyclists Association District 37 (AMA D37), and the American Sand Association (ASA) filed suit against the Off-Highway Motor Vehicle Recreation (OHMVR) Commission alleging the commission acted in an arbitrary and capricious manner during its December 8-9, 2006, meeting when it rescored law enforcement grants without any evidentiary support for the new scores. Those actions resulted in decreased law enforcement funding for areas where many California families recreate.
The lawsuit specifically challenges the OHMVR Commission's action to dramatically reduce the score of the law enforcement grant application submitted by the Bureau of Land Management's (BLM) El Centro field office. Despite receiving a score of 82 from division staff, the BLM El Centro grant application was downgraded to a 69 by the commission. Although more than $10 million in law enforcement grant requests were submitted to the OHMVR division, the division was able to allocate only $4 million in law enforcement grants. Once the OHMVR Commission rescored the BLM El Centro law enforcement grant, the $4 million allocation was almost gone. BLM El Centro and another grant applicant with a score of 69 were vying for the remaining dollars. Rather than analyze the two applications on their merits, the OHMVR Commission essentially tossed a coin.El Centro BLM won the coin toss and was awarded the remaining $387,349. Still, even this award was more than $1 million less than that recommended by OHMVR division staff. Recently, the OHMVR division staff implemented a competitive grants process to ensure that the limited funds available are disbursed in a fair and equitable manner. By subverting that new process, the OHMVR commissioners not only flouted the law, they placed in jeopardy the safety of the hundreds of thousands of people who visit the Imperial Sand Dunes Recreation Area (ISDRA) each year.
For more information, contact ORBA at www.orba.biz.