Daphne Greene, Deputy Director of the Off-Highway Motor Vehicle Recreation Division (OHMVR), issued a memo to the OHMVR Commission stating that at its meeting of December 8-10, 2005, the Commission had improperly rescored certain grant applications and cooperative agreements, and that the Division, therefore, would not be funding the grants and cooperative agreements in question. According to Ms. Greene’s memo, Division had reviewed the transcripts from the December 2005 meeting and determined that the Commission, in rescoring the grants and cooperative agreements, had failed to apply the “competitive grant” evaluation criteria required by OHMVR regulation.The Division is charged with implementing the competitive rulesestablished to ensure grants and cooperative agreements providesufficient benefit to the OHV community. Since the Commission’s actionswere not consistent with these competitive rules, Ms. Greene concludedthat the Division has no legal authority to fund the grants and enterinto the agreements in question.Deputy Director Greene’s memo lends support to the lawsuit filed onJanuary 27th by EcoLogic and its co-plaintiffsthe Off-Road Business Association (ORBA), the San Diego Off-Road Coalition (SDORC), the California Off-Road Vehicle Association (CORVA), the American SandAssociation (ASA) and the American Motorcyclist Association. The District alleges the OHMVR Commission violated California law when it denied a number of grants recommended by the OHMVR Division that would have benefited the OHV community, even though no new information or testimony was presented to support the denials. The Commission also chose to approve some grants that would close roads and trails permanently, even though Division staff had determined that the projects did not merit funding. In both of these circumstances, the Commission’s actions were arbitrary and capricious and not supported by evidence in the record, as required by statute.At that same meeting, the OHMVR Commission adopted a controversialpolicy regarding desert riparian areas without consulting theBureau of Land Management (BLM), which manages the majority of areascovered by the policy. In a memo dated January 25, 2006, Mike Poole,head of BLM’s California office, stated that he would have appreciatedan opportunity to review such a significant and far-reaching policyprior to its adoption. He also requested that the Commission reconsiderthis policy and allow the BLM, the public, and all affected parties toprovide input as required by state law.ORBA is a national trade association comprised of off-road relatedbusinesses united to promote common goals that support the prosperityand growth of the off-road industry.