The following editorial appeared in the Twin Falls, Idaho Times-News on December 12, 2001.
Even though it has little practical effect, a federal judge's ruling on forest user fees is a moral victory for fee opponents.
U.S. Magistrate Thomas Coffin in Eugene, Ore., ruled the U.S. Forest Service's Recreation Fee Demonstration Program illegally overstepped the 100 test sites authorized by Congress.
Moral victories don't usually mean much, and this ruling looks like that kind of victory. Coffin admitted it will have no impact on future enforcement, because Congress has removed the 100-site cap.
But for those who have cursed the user fees, this small triumph has a certain redemptive quality. Since their 1996 inception, the fees have represented an affront of double taxation. They reinforce the growing sentiment that cherished public lands are being denied to the public that supports them.
The biggest problem with the trailhead fees, even though they began under Bill Clinton's Forest Service, is that they've been heartily accepted by Republicans in Congress. Even Idaho's Sen. Larry Craig supports continuing this ill-conceived program.
Somehow these lawmakers stray from their conservative nature when they assess a tax for use of an open public resource. User fees are a reasonable way to pay for tangible facilities such as boat ramps and campgrounds. But the trailhead fee soaks forest visitors for merely hiking, picnicking and looking at trees.
The judge's ruling against the Forest Service isn't a lone cry in the wilderness. Most public-lands users hate paying a fee to visit their own forests. Unfortunately, Washington's silent response to the public's frustration makes last week's legal victory a hollow celebration.