RECREATION
FEES ON PUBLIC LANDS
Is this
sign coming to Montana?
Since 1996, the Forest Service and the Bureau of
Land Management have been charging for access and recreation on
selected public lands. Congress authorized this provocative
restraint of public access as a pilot program called Fee Demo.
It has angered many citizens who want to recreate or just go for a
Sunday drive on public lands. This program, with some changes,
has now been made permanent and applicable to all federal lands
administered by NPS, USFS, BLM and the USFWS.
Although Montana has no Fee Demo programs that we
know of, California, Colorado, Oregon and Washington, to name a few,
have many. Robert Funkhouser, of the Western Slope No-Fee
Coalition even told us about a state highway in Colorado with a toll
booth because it enters Forest Service lands.
Most people are OK with fees at developed sites like
campgrounds but with Fee Demo, citizens have been charged for travel
on roads, parking, hiking and other uses which Americans have always
considered their right and privilege to use freely without charge.
In 2003, Representative Regula (R, OH) introduced
HR. 3283 which would have given all public land managers complete
full authority to implement recreation fees including entrance fees
on public lands that they administer. Regula has no public in
his district. The bill languished in the House Natural
Resources committee while Mr. Funkhouser tried to convince Chairman
Pombo's staff to deep six the bill. Instead, Pombo amended the
bill.
His amendments watered down the bill but did not
eliminate the threat of excessive fees because he refused to remove
the "Standard Amenity Fee" with its vague language that
some bureaucrats and judges will interpret broadly. All that's
needed to charge a "Standard Amenity Fee" are a picnic
table, fee box, trash can, parking area and outhouse. We
believe that the language in this bill could be interpreted to allow
the charging of entrance fees to entire drainages like the
South Fork of the Flathead by placing those simple amenities at the
entrance to the drainage.
After being amended, HR 3283 was sent to the
Agriculture committee where it remained until a Representative
inserted the bill into a huge end of the year, end of the session
appropriations bill. It is now called "Federal Lands Recreation
Enhancement Act" (FLREA) and is hidden under "Division J, Other
Matters" along with a raft of other bills that could not be
passed in the light of day.
The 3000 page "Consolidated Appropriations
Act - 2005" with this fee authorization passed and was signed
into law by President Bush
As predicted, USFS is using this authority to
increase fees in some areas and implement new fees in others.
At the same time they are pursuing an inventory of all recreation
sites with the intent of closing those that do not pay their
way. This program is called RSMFP and has not been reviewed by
Congress. It is completed on some forests and almost complete
on some forests in Montana including the Flathead.
Montana Senator Baucus has demanded the USFS hold public hearings
before taking any action or making any decision to take
action.
LOOK FOR MONTANA
HEARINGS IN JANUARY, 2007
