Seasonal hiring started earlier this year for Forest Service seasonal workforce for Summer 2019. The Application period open day on September 10, 2018 and close at midnight EST October 10, 2018
Jackson Ranger District will be hiring up to 6 Forestry Technician “River Ranger” in Jackson, Wyoming on the Snake River ranger from GS-04 to GS-06.. The GS-06 will be serve as the crew lead.
GS -06 19‐TEMP‐R4‐FTREC‐6DT‐BV
Please contract for addition information or question about the River Ranger Positions
David Cernicek – River Manager
John Newman – Lead River Ranger
John B. Newman
“Supporting professionals who study, manage and protect North America’s rivers”
River Management Society ~ PO Box 5750, Takoma Park, MD USA 20913-5750 ~ +1-301-585-4677
|You are subscribed to Rulemaking for Colorado Roadless Areas Supplemental Environmental Impact Statement. This information has recently been updated, and is now available.
USDA granted an 11-day extension of the comment period in response for adequate time to review documents and provide input on the proposed rule and the supplemental draft EIS over the holiday season. Notice will be published in the Federal Register.
Your comments are requested by 1/15/2016.
Comments on the SDEIS can be submitted electronically through:
Colorado Roadless Rule
740 Simms Street
Golden, CO 80401
“The White River National Forest in Colorado is recruiting applicants for several Wilderness Ranger internship positions for the summer of 2016. The ranger interns’ primary duty is to conduct educational patrols of the Forest’s Wilderness areas. The ideal applicant is an experienced outdoor leader who is passionate about the stewardship of wild lands and interested in a career in natural resource management. Interns will receive intensive training and education in natural resource management from an inter-disciplinary, field based perspective. This is a volunteer position that includes field per diem reimbursement ($140/week), housing, and an exceptional career/life experience. For more information on the position, view the 2014 Wilderness Program Report @ https://www.youtube.com/watch?v=VfJUNQgWRF8”
Thank you in advance for any recommendations or assistance you may offer,
Outreach Notice – Humboldt-Toiyabe National Forest
Natural Resource Specialist (Recreation/Wilderness)
This is a permanent position with a duty station of Ely, Nevada
The Ely District Recreation Specialist provides expertise and advice in the administration of recreation program and projects, including developed and dispersed recreation, wilderness and recreation special uses. The Recreation Specialist is responsible for managing and maintaining recreation facilities; compiling and developing information for the recreation management database; providing expertise and advice on current recreation use, type and standards; and participating as a specialist in planning and implementation of projects on the District. The position reviews proposals for new recreation facilities or activities and recommends action; advises on recreation management plans; and coordinates activities between units and among other specialists to ensure consistency in program emphasis, development and between resource units.
The Recreation Specialist also provides input into the Forest-wide recreation budget and manages the District recreation budget. The position develops proposed natural resource management activities and coordinates and/or implements these approved management activities. The Recreation Specialist is responsible for environmental analysis reviews, reports, evaluation and preparation of environmental impact statements. The incumbent also seeks and establishes mutual working relationships with outside entities, such as Federal, State, Tribal and local agencies who partner with the Forest Service, as well as non-profit entities and recreation interest groups.
This position is zoned with two other ranger districts on the Forest, and the incumbent will have responsibility for the recreation program over nearly 3.2 million acres, including 12 wilderness areas, numerous campgrounds and picnic sites, and many miles of motorized and non-motorized trails. Duties of the position include 20% or less time supervising.
The Humboldt-Toiyabe (H-T) National Forest:
At over 6.3 million acres, the H-T is the largest National Forest in the contiguous United States. The Forest spans the entire state of Nevada, with an additional one million acres of land in the eastern part of California, along the Eastern Sierra Front.
Ely Ranger District:
The Ely Ranger District is one of the original National Forests in Nevada, before being incorporated as a Ranger District. The District covers about 1 million acres with elevations ranging from valley floors around 5000 feet to above tree line, over 12,000 feet. The District has about 20 permanent employees and about 15 seasonal employees. The District hosts a multitude of treasures to explore related to outdoor activities.
For additional information about the forest: http://www.fs.usda.gov/htnf/
For more information about the position, the community, or assistance working through the application process please contact:
Acting District Ranger
Ely Ranger District
(801) 757-7757 (cell)
If interested, please request an outreach interest form and email with your resume to Martina Barnes by August 14, 2015.
Once a vacancy announcement has been created, a notification will be sent to those that expressed interest as well as be posted in the outreach database.
The vacancy announcement for this position will be posted on the U.S. Government’s official website for employment opportunities, www.usajobs.gov
Case does an excellent job of explaining the requirements that must be met to support a motion to dismiss.
State: Oregon, United States District Court for the District of Oregon
Plaintiff: Daniel T. Stringer
Defendant: US Forest Service, United States Department of Agriculture,
Defendant Defenses: Recreational Use Statute
Holding: For the Defendant
The plaintiff was with a group of people who rented snowmobiles and then drove them to the Deschutes National Forest. The plaintiff started to go snowmobiling with a group. On their way there the plaintiff took off across a field that was not with the other members of the group.
The plaintiff’s snowmobile went over a 15’ embankment where he suffered injuries.
The plaintiff sued the defendant US Forest Service for his injuries. This is the motion to dismiss the plaintiff’s complaint because of the Oregon Recreational Use Statute.
Analysis: making sense of the law based on these facts.
The court started by explaining in detail the steps necessary to dismiss a complaint on a Rule 12(b)(6) Motion to Dismiss.
To begin with a “complaint must contain sufficient factual matter that “state[s] a claim to relief that is plausible on its face.” A claim is plausible when “the factual allegations allow the court to infer the defendant’s liability based on the alleged conduct.” The factual allegations must present more than the “the mere possibility of misconduct.”
While considering a motion to dismiss, the Court must accept all allegations of material fact as true and construe them in the light most favorable to the non-movant. However, the Court is “not bound to accept as true a legal conclusion couched as a factual allegation.” If the complaint is dismissed, leave to amend should be granted unless the court “determines that the pleading could not possibly be cured by the allegation of other facts.”
Consequently the court can dismiss a claim when the court finds the facts, even if pleading more than simple claim of injury do not support the necessary steps to prove the plaintiff’s claim. The plaintiff’s complaint requires more than mere allegations.
The first issue was whether the United States could use a state statute as a defense to a claim.
The liability of the United States is determined “in the same manner and to the same extent as a private individual in like circumstances.” Because plaintiff’s accident occurred in Oregon, this action is governed by Oregon law.
The court then looked at the Oregon Recreational Use Statute, ORS § 105.682. Like most recreational use statutes, a landowner is not liable for injuries if they do not charge for the use of their land.
The plaintiff argued that because the defendant charged for use of the land at other locations in the Deschutes Forest the defendant, Forest Service could not rely on the recreational use statute. Here the US Forest Service charged to use the land to ski and to camp. However, the plaintiff was not camping or skiing, nor whether they are engaging in an activity at the location where fees are charged to ski or camp.
A fee charged at one end of the Deschutes National Forest cannot, as a matter of public policy, waive immunity at the other end of the same forest, thousands of miles away, simply because the government made a charge.
There must be some relationship between the fee charged and the activity which the plaintiff engaged in which caused his injury.
So Now What?
This case lays out an easy analysis to understand the requirements to win a motion to dismiss. Motions to dismiss are usually filed prior to the answer of the defendant being filed and are done so when the plaintiff’s claim fails in all respects to present any evidence which the court can find to support the claims of the plaintiff.
If the motion to dismiss is not granted the defendant is instructed to file their answer and discovery begins. After or during discovery, one or more of the parties can file a motion for summary judgment. A motion for summary judgment is normally how a case is dismissed prior to trial. Motions to dismiss are rarely granted.
In this case, the next motion would have probably been based on the fact the plaintiff assumed the risk by taking off, off the trail when he crashed.
This is also instructional in showing the defendant United States through any of its land-management agencies, Bureau of Land Management, National Park Service, US Forest Service, Bureau of Reclamation or US Fish & Wildlife Service.
What do you think? Leave a comment.
Copyright 2015 Recreation Law (720) Edit Law
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By Recreation Law Recfirstname.lastname@example.orgJames H. Moss
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recreational Use Statute, Recreational Use, Snowmobiling, Deschutes, Deschutes National Forest, US Forest Service, USFS, Motion to Dismiss,
Title 10. PROPERTY RIGHTS AND TRANSACTIONS
Chapter 105. Property Rights
PUBLIC USE OF LANDS
Current through 2015 Regular Session, Acts 2 through 49, 51 through 187, 189 through 204, 206 through 217, 222, and 228 through 241
§ 105.668. Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way
(1) As used in this section:
(a) “Structures” means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance.
(b) “Unimproved right of way” means a platted or dedicated public right of way over which a street, road or highway has not been constructed to the standards and specifications of the city with jurisdiction over the public right of way and for which the city has not expressly accepted responsibility for maintenance.
(2) A personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right of way, or from use of structures in the public easement or unimproved right of way, by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:
(a) A city with a population of 500,000 or more;
(b) The officers, employees or agents of a city with a population of 500,000 or more to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285 ;
(c) The owner of land abutting the public easement, or unimproved right of way, in a city with a population of 500,000 or more; or
(d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in a city with a population of 500,000 or more.
(3) Notwithstanding the limit in subsection (2) of this section to a city with a population of 500,000 or more, by adoption of an ordinance or resolution, a city or county to which subsection (2) of this section does not apply may opt to limit liability in the manner established by subsection (2) of this section for:
(a) The city or county that opts in by ordinance or resolution;
(b) The officers, employees or agents of the city or county that opts in to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285 ;
(c) The owner of land abutting the public easement, or unimproved right of way, in the city or county that opts in by ordinance or resolution; and
(d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in the city or county that opts in.
(4) The immunity granted by this section from a private claim or right of action based on negligence does not grant immunity from liability:
(a) Except as provided in subsection (2)(b) or (3)(b) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage.
(b) For personal injury or property damage resulting from gross negligence or from reckless, wanton or intentional misconduct.
(c) For an activity for which a person is strictly liable without regard to fault.
As used in ORS 105.672 to 105.696 :
(a) Means the admission price or fee requested or expected by an owner in return for granting permission for a person to enter or go upon the owner’s land.
(b) Does not mean any amount received from a public body in return for granting permission for the public to enter or go upon the owner’s land.
(c) Does not include the fee for a winter recreation parking permit or any other parking fee of $15 or less per day.
(2) “Harvest” has that meaning given in ORS 164.813.
(3) “Land” includes all real property, whether publicly or privately owned.
(4) “Owner” means the possessor of any interest in any land, such as the holder of a fee title, a tenant, a lessee, an occupant, the holder of an easement, the holder of a right of way or a person in possession of the land.
(5) “Recreational purposes” includes, but is not limited to, outdoor activities such as hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, outdoor educational activities, waterskiing, winter sports, viewing or enjoying historical, archaeological, scenic or scientific sites or volunteering for any public purpose project.
(6) “Special forest products” has that meaning given in ORS 164.813.
(7) “Woodcutting” means the cutting or removal of wood from land by an individual who has obtained permission from the owner of the land to cut or remove wood.
Cite as ORS 105.672
History. 1995 c.456 §1; 2007 c. 372, §1; 2009 c. 532, §1; 2010 c. 52, § 1
The Legislative Assembly hereby declares it is the public policy of the State of Oregon to encourage owners of land to make their land available to the public for recreational purposes, for gardening, for woodcutting and for the harvest of special forest products by limiting their liability toward persons entering thereon for such purposes and by protecting their interests in their land from the extinguishment of any such interest or the acquisition by the public of any right to use or continue the use of such land for recreational purposes, gardening, woodcutting or the harvest of special forest products.
Cite as ORS 105.676
History. 1995 c.456 §2; 2009 c. 532, §3
§ 105.682. Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products
(1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688, an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products when the owner of land either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products. The limitation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes, gardening, woodcutting or the harvest of special forest products, and is not affected if the injury, death or damage occurs while the person entering land is engaging in activities other than the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.
(2) This section does not limit the liability of an owner of land for intentional injury or damage to a person coming onto land for recreational purposes, gardening, woodcutting or the harvest of special forest products.
Cite as ORS 105.682
History. 1995 c.456 §3; 2009 c. 532, §4
§ 105.692. Right to continued use of land following permitted use; presumption of dedication or other rights
(1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner.
(2) The fact that an owner of land allows the public to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products without posting, fencing or otherwise restricting use of the land does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use of the land.
(3) Nothing in this section shall be construed to diminish or divert any public right to use land for recreational purposes acquired by dedication, prescription, grant, custom or otherwise existing before October 5, 1973.
(4) Nothing in this section shall be construed to diminish or divert any public right to use land for woodcutting acquired by dedication, prescription, grant, custom or otherwise existing before October 3, 1979.
Cite as ORS 105.692
History. 1995 c.456 §5; 2009 c. 532, §5
The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 to 105.696 on state land.
Cite as ORS 105.699
History. 1979 c.434 §8; 1995 c.456 §7
(1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:
(a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and
(b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.
(2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:
(a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:
(A) Must be no smaller than eight inches in height and 11 inches in width;
(B) Must contain the words “Closed to Entry” or words to that effect in letters no less than one inch in height; and
(C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.
(b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:
(A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to “PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES”; or
(B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.
(3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.
(4) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or 31.735.
(5) Nothing in this section affects any other remedy, civil or criminal, that may be available for a trespass described in this section.
Cite as ORS 105.700
History. 1999 c.933 §1
|You are receiving this message because you are subscribed to the mailing list for the Colorado Roadless Area.Dear Interested Party:
The U.S. Department of Agriculture Forest Service (USDA FS) is initiating scoping for a Supplemental Draft Environmental Impact Statement (SDEIS) to reinstate the North Fork Coal Mining Area exception of the Colorado Roadless Rule. This specific exception allows for temporary road construction for coal exploration and/or coal-related surface activities in a 19,100-acre area defined as the North Fork Coal Mining Area. The FS will use the SDEIS to address specific deficiencies that were identified by the District Court of Colorado.
We invite your comments on the reinstatement of the exception within the North Fork Coal Mining Area. The scoping period closes 45 days after issuance of the notice of intent in the Federal Register. Comments should be limited to issues related to the proposed action, which is limited only to reinstating the North Fork Coal Mining Area exception of the Colorado Roadless Rule. The Forest Service is not seeking comments on the other portions of the Colorado Roadless Rule, roadless area boundary modifications, or other roadless areas in Colorado.
Due to the extensive public participation process that occurred with the development of the Colorado Roadless Rule, no public meetings are planned for this 45 day scoping effort. However, public meetings may be held in Denver and Paonia, Colorado after the release of the SDEIS and proposed rule.
On July 3, 2012 (77 FR 39576), the USDA promulgated the Colorado Roadless Rule, a state-specific regulation for management of Colorado Roadless Areas. This Rule addressed State-specific concerns while conserving roadless area characteristics. One State-specific concern was continuing exploration and development of coal resources on the Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests. The Colorado Roadless Rule addressed this by defining a 19,100-acre area as the North Fork Coal Mining Area, and developing an exception that allows temporary road construction for coal-related activities on within in that defined area.
In July 2013, High Country Conservation Advocates, WildEarth Guardians, and Sierra Club challenged the FS’s decision to consent to the Bureau of Land Management (BLM) modifying two existing coal leases, the BLM’s companion decision to modify the leases, BLM’s authorization of an exploration plan in the lease modification areas, and the North Fork Coal Mining Area exception of the Colorado Roadless Rule.
In June 2014, the District Court of Colorado found the environmental documents supporting the four decisions to be in violation of the National Environmental Policy Act (NEPA) due to analysis deficiencies. In September 2014, the District Court of Colorado vacated the lease modifications, the exploration plan, and the North Fork Coal Mining Area exception of the Colorado Roadless Rule (36 CFR 294.43(c)(1)(ix)).
Purpose and Need
The purpose and need for this SDEIS and is to provide management direction for conserving roadless characteristics within the area while addressing the State interest in facilitating exploration and development of the coal resources in the North Fork Coal Mining Area.
The proposed action for the SDEIS is to reinstate the North Fork Coal Mining Area exception as written in (36 CFR 294.43(c)(1)(ix)). In addition, the Forest Service is proposing to administratively correct the North Fork Coal Mining Area boundary to remedy clerical errors.
Alternative to the Proposed Action
The other alternative being considered is the no-action alternative, which is the continuation of current management following the District Court ruling to vacate the North Fork Coal Mining Area exception. The Colorado Roadless Rule contains a severability clause (36 CFR 294.48(f)), which allows the rest of the Rule to remain in effect. Therefore, the District Court of Colorado’s ruling only changed management of Colorado Roadless Areas in the North Fork Coal Mining Area. Currently, the North Fork Coal Mining Area is being managed the same as other non-upper tier Colorado Roadless Areas. Valid existing coal leases would operate according the terms of their lease.
Decision to be Made
The Responsible Official will determine whether to reinstate the North Fork Coal Mining Area exception, or continue to manage the area without the exception. In addition, the Forest Service will determine if corrections to the North Fork Coal Mining Area boundary should be remedied to adjust for clerical errors.
How to Submit a Formal Comment
In order for a scoping comment to be considered and become part of the record for the SDEIS, it must be submitted and received within 45 days of the publication of the notice of intent in the Federal Register.
It would be helpful if comments:
· State each concern, criticism and/or suggestion as clearly and specifically as possible.
· Focus on the issue of reinstating the North Fork Coal Mining Area exception of the Colorado Roadless Rule. Please remember, this supplemental NEPA process will only address the Colorado Roadless Rule. The lease modifications and exploration plan authorization will be addressed in future analysis efforts if needed.
Scoping comments can be submitted electronically through:
2. Mail: Colorado Roadless Rule
740 Simms Street,
Golden, CO 80401
3. Fax: 303-275-5134
All comments, including names and addresses, are placed in the record and are available for public inspection and copying.
We anticipate completing and publishing a final rule and SDEIS in Spring 2016.
Thank you for your interest in the management of your national forests.