by Dan Nitzel

In response to letters that NOHVA members have sent to Congressman Tom Osborne, Nebraska’s third district representative in Washington, I have been contacted by several individuals who have been asking about details about our concerns about proposed critical piping plover habitat.

For those who are not familiar with what this is all about, I suggest you read the article in our last newsletter.

Also, I want to make it very clear that there have been no "threats" to the Headworks OHV Park that we are aware of and for the time being it is not in danger of closing because of the piping plover habitat in the near or foreseen future. However, this could change.

I have been contacted by Daniel Simmions, an endangered species act specialist with the U.S. House of Representatives Committee on Resources in Washington DC. Also I have been contacted by Don Amador, western representative with the BlueRibbion Coalition concerning the same subject.

Apparently several NOHVA members have contacted Congressman Osborne expressing their concerns that the designation could close the only area to ride ATVs in the eastern half of Nebraska, the Headworks OHV Park.

In telephone conversations to both Mr. Simmions, I expressed the following concerns.

Many of our members and NOHVA management are concerned that the Headworks OHV Park could be closed due to the proposed piping plover critical habitat. We feel that the area should remain "as is" because of the huge demand for an area where ATVs and dirtbikes can ride. The Headworks OHV Park is the only area in the entire eastern half of Nebraska to ride.

If other state and local government sub-divisions would help us find, fund and develop new places to ride using a refund of taxes that we have paid (RTP), the impact upon the sport would not be as dramatic. However, as many of us who have been trying to find new places to ride since 1990, the state and the state RTP committee that authorizes RTP funding that we pay via federal gas taxes have been not at all cooperative.

While a local U.S. Fish and Wildlife official has expressed that the area is a good place to ATV and dirtbike riders to recreate, the state US Fish and Wildlife director Steve Anschutz is less than enthusiastic about people riding ATVs and dirtbikes at the Headworks OHV Park.

While attending a meeting in Grand Island concerning the proposed habitat, I asked a question about how close a human activity has to be to a piping plover habitat to be considered unacceptable. The response was that a bridge was being built 1/4 of a mile away from a habitat, and the bridge building activity had to be discontinued until after the nesting season was over. My concern is that if we are riding, say, 1/4 mile, ½ mile, one or two miles from a habitat, will we have to discontinue our activity to protect an area that is critical habitat a considerable distance away?

There are parcels of land near our riding area that are under the control of the Nebraska Game and Parks commission as a wildlife management area. It is no secret that riding ATVs and dirtbikes is not considered to be a viable activity by Game and Parks, and that they will most likely participate in the critical habitat program, will we be effected as our activity is nearby?

Private land owners can ‘sign up’ their land to be used to preserve or re-establish habitat for piping plover. What if a nearby land owner decides to participate in the critical habitat program? If that happens, we will be effected in a big way.

We are concerned that since Loup Power (the local government agency that manages the land known as Headworks OHV Park) leases the land from another federal agency, the agency who leases the land to them may force them to reconsider allowing ATV and dirtbike recreation on that land to protect the piping plover.

Some of our members are concerned about riding on or near the Loup and Platte Rivers on private land. We have been asked to represent these riders. However, after some discussion among our directors, we cannot represent ATV and dirtbike riders who are riding on private land, sometimes without permission.

People who are riding on private land without permission could well be trespassing, and this clashes with our policy to promote responsible recreation. We can not and will not condone ATV and dirtbike riders trespassing on private or state lands. Additionally, our plate is full with current projects.

Our primary concern is maintaining access to the Headworks OHV Park with no additional restrictions placed upon the area during the summer months of piping plover and least tern nesting season. While we feel that habitat for endangered species is important, it is also important that human species activity is allowed to continue, especially when in Nebraska a place to ride an ATV and dirtbike is "endangered" by the state.

We would like to thank Congressman Osborne for looking into this situation, and thanks to the members who contacted him for voicing their concerns!