On December 3, the Board of Commissioners
of Mineral County, Colorado unanimously passed Resolution 01-13. The
resolution requests that no recreational fees be implemented in Mineral
County.
The resolution reads as follows:
"RESOLUTION REQUESTING THAT NO RECREATIONAL FEE BE IMPOSED ON FEDERAL LANDS UNDER THE RECREATIONAL FEE DEMONSTRATION PROGRAM IN MINERAL COUNTY
WHEREAS, in 1996 Congress authorized the Recreational Fee Demonstration Program, which allows the United States Forest Service to charge visitors daily and yearly fees for recreation on public lands under their management; and
WHEREAS, recreational fees constitute double taxation which bears no relationship to the actual cost of recreation such as hiking, picnicking, observing wildlife or scenic driving on County roads; and
WHEREAS, while the orignial intent of the Fee Demo Program was to generate revenue to address maintenance backlogs and enhance visitors services, it has instead limited public access and garnered strong public criticism; and
WHEREAS, while the controversy over Fee Demo continues, the core issue of providing adequate funding for public land maintenance remains unresolved; and
WHEREAS, since the purchase of a Fee Demo pass is counted by the USFS as support for the program, but there is no means of expressing opposition except to avoid the fee area, we are concerned that some citizens may be deterred from visiting and enjoying the public lands in Mineral County.
NOW THEREFORE BE IT RESOLVED, that the Mineral County Board of Commissioners County hereby requests that No recreational fees be imposed on Public Lands under the Recreational Fee Demonstration Program within the boundaries of Mineral County.
The foregoing Resolution was offered by Commissioner Kolisch, seconded by Commissioner Rogers, and passed unanimously by the Board of County Commissioners at a meeting of said Board on the 3rd day of December 2001."
On December 7, U.S. Magistrate Thomas Coffin
ruled on a number of
allegations regarding an alleged Fee Demo violation by Leeanne Siart of
Eugene. Siart was accused of violating Fee Demo by failing to purchase a
Northwest Forest Pass while hiking in the Oregon Dunes National
Recreation Area in June.
The main ruling of Magistrate Coffin is that the Forest Service exceeded its authority when it implemented Fee Demo. When implemented, the law limited the number of fee sites for the Forest Service to 100, but the Forest Service has a number of blanket access and parking fees that cover thousands of trailheads and picnic areas. Magistrate Coffin stated that "in the Northwest alone the Secretary of Agriculture (who oversees the Forest Service) appears to have exceeded the cap on fee demonstration areas or sites by over 1,200 discrete fee stations." Due to this ruling, Siart's citation was dismissed.
Magistrate Coffin ruled on other points raised by Siart and her attorney. He ruled that it was okay for the Forest Service to charge a parking fee instead of a recreation fee even though Fee Demo is a recreation fee program. He also ruled that the Forest Service need not determine whether an individual is recreating in order to fine that individual. Siart had been conducting a wildlife survey when she was cited, not recreating.
The conflict, brought about by Coffin's ruling that Fee demo had been implemented out of compliance with the authorizing law (PL 104-134), was fixed even before the ruling was made. This Fall's interior appropriations bill removed the 100 site limit from Fee Demo. However, the ruling demonstrates a level of mismanagement within Fee Demo that has been pointed out by opponents of the program since its inception.