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Off-road trail bill faces uphill battle

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State money to help support an off-road trail system for the Black Hills could be a tough sell during this year's session of the state Legislature, which starts today.

"We've got to get broad-based support, and we're not there yet," state Sen. Royal "Mac" McCracken, R-Rapid City, said Monday.

McCracken serves on a task force Gov. Mike Rounds created last year to study how a an off-roading trail system could be funded and managed, similar to the way the state snowmobile trail is managed.

The task force studied trails statewide, but the emphasis was on the Black Hills, where new federal rules coming next year will significantly restrict off-road travel.

The U.S. Forest Service is creating an off-roading trail system for the Black Hills National Forest, but the Forest Service has little money for trail maintenance, signs and other infrastructure.

Last year, the state task force began discussing whether licensing, registration or new taxes could be used to help the Forest Service maintain the system.

McCracken said the problem is increasing taxes or creating new taxes takes a two-thirds majority of both houses of the Legislature - whether that's an excise tax on off-road vehicle sales or new registration fees for those vehicles.

Gov. Mike Rounds said Monday, "When you need two-thirds, you can't afford to have much opposition."

The off-roading task force sent a draft of recommendations to Rounds late last year, and the governor responded with a generally supportive letter. But Rounds said that proposed legislation would require significant revisions to win his support.

For example, the governor said he would opposing paying for the trail system from the state's general fund.

"We just don't have the money," he said. (The governor is expected to describe a tight state budget in his state of the state address today.)

Rounds also opposes a new excise tax on off-road vehicles.

Registration fees for off-road vehicles would shift the cost to trail riders - a proposal many off-roaders support - but Rounds said even that method poses problems. "The challenge is, will East River off-roaders be willing to pay a registration fee to support a trail out west?"

The task force's goal last January was to present legislation in this year's session.

Black Hills National Forest Supervisor Craig Bobzien, who is on the governor's task force, said if the Legislature didn't find a way to help pay for the trail system, the Forest Service likely would have to cut back on the trail system.

"We'll also have to look for money from other sources," Bobzien said.

The Forest Service will finish a "draft environmental impact statement" on the trail system in April, Bobzien said. Bobzien will make his final recommendation after a public comment period, probably something next fall.

The new trail system could be in place by early 2009, Bobzien said, no matter what the Legislature decides.

McCracken acknowledged the off-roading task force had significant problems to solve, and the short 35-day legislative session this year makes the deadline even tougher to meet.

"We're still working on draft legislation," McCracken said. "It's very complicated."

The governor agreed that legislation would be tough to write and pass in 35 working days. "I won't say it can't get done this year, but there's got to be revisions of the original proposal," he said.

Tom Blair of Deadwood, a member of the off-roading task force representing the Black Hills tourism industry, said the draft of the off-roading measure did have broad support among recreation groups and related businesses. But he added, "I think we'd be more successful with the governor's support."

Blair also pointed out that bills requiring new spending can be tough to pass during a short session in an election year. The off-roading proposal is comprehensive, including licensing and safety issues, but Blair said funding is crucial. "I've always said, the most important three things in this process are money, money and money."

Contact Bill Harlan at 394-8424 or at bill.harlan@rapidcityjournal.com

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