On August 15, the Town Board of Trustees of
Silverton, Colorado endosed and wrote a letter to Representative Scott
McInnis stating its opposition to any implentation of a Fee Demo project in
San Juan County. Rep. McInnis district includes the town of Silverton.
The letter signed by the mayor reads as follows:
"The Board of Trustees for the Town of Silverton, Colorado is very concerned about the Federal Government's 'Recreation Fee Demonstration Program' and its potential to adversely impact the Silverton community if instituted in San Juan County. We certainly recognize the need to maintain public lands and the revenue problems associated with fulfilling that public trust - we're in the same business - but there are ways to solve maintenance, management, and funding problems without causing further injury to a people alteady devastated by changing economic conditions.
With the mine closures in 1991, Silverton was cast into a downward economic spiral. Silverton has consistently had the highest unemployment in the State of Colorado for the past decade. Families have had to leave the community because of worsening economic conditions; and out-migration has further hurt community businesses and schools, and the delivery of governmentall services and the quality of life for citizens in the community. Federal, state, and local entities have been working for years towards the economic recovery of the Silverton community. Silverton has been the direct and indirect recipient of Federal and State funding over these past years for economic recovery. Such programs and funding have been instrumental in affecting progress in the community's economic recovery through Federal, State, and local programs to promote San Juan County attractions. Now, because these long-standing economic development programs have been successful, comes the problem of adequatley funding Federal agencies to maintain and manage these popular tourist areas. Focusing on this funding problem and forgetting the on-going economic recovery programs, a new 'fee demo' program is instituted which effectively works against these programs which were designed to draw tourists to the area. Two programs, designed and implemented by the same Federal agencies, working against each other's success.
As such, we must raise concerns that if any 'fee demo' program is insituted in San Juan County, on the Alpine Loop, and other backcountry recreation areas, such a program will have a significant adverse economic impact on the Silverton community. At present, the Town of Silverton and San Juan County are dependent upon the tourist industry for economic survival. Anything that deters the tourtist from visiting the area is adverse to the community's health, safety, and welfare, and it doesn't take much in the tourist industry to divert people away from an area: if it's not a hantavirus scare, it's a 'fee demo' program. Without a doubt, a 'fee demo' program on BLM and USFS lands in San Juan County, at this time, will be detrimental to Silverton's economic recovery. If the people who come to Silverton have to pay a recreation fee to visit the Alpine Loop; to view Animas Forks; to backpack into the Weminuche; to recreate in the South Mineral area; or to explore the Red Mountain Mining District, these people will be deterred from coming here at all. And, if they don't come, the tourist sales, the demand for tourist services, and the tourist dollars that are the lifeblood of Silverton will not come here either.
In closing, the Silverton Town Board of Trustees is strongly opposed to the establishment of any 'fee demo' area in San Juan County. The funding problem for management of popular tourist areas can be resolved by other means that do not work against long-standing Federal programs to promote the health and welfare of rural communities. We ask for your support, understanding and help to make certain that nay 'fee demo' program in Colorado does not adversely affect a people that area struggling for economic survival - a people who are citizens you are elected to represent and protect from undue harm."
On August 29, the Board of Commissioners of
Rio Grande County, Colorado unanimously passed Resolution 2001-30. This
resolution requests an end to the Recreational Fee Demonstration Program.
The resolution reads as follows:
"RESOLUTION OF THE BOARD OF COMMISSIONERS, RIO GRANDE COUNTY, COLORADO REQUESTING A NO RECREATIONAL FEE BE IMPOSED ON FEDERAL LANDS UNDER THE RECREATIONAL FEE DEMONSTRATION PROGRAM IN RIO GRANDE COUNTY
WHEREAS, in 1996 Congress authorized the Recreational Fee Demonstration Program which allows the United States Forest Service and Bureau of Land Management to charge visitors daily and yearly fees for recreation on publicly owned land under their management; and
WHEREAS, recreational fees constitute double taxation which bears no relationship to the actual cost of recreation such as hiking, picknicking, observing wildlife or scenic driving on County roads; and
WHEREAS, while the original intent of the Fee Demo Program was to generate revenue to address maintenance backlogs and enhance visitor services, it has instead limited public access and garnered strong public criticism; and
WHEREAS, while the controversy over Demo Fees 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 and BLM as support of the program, but no means of expressing opposition is provided except to avoid the fee area, we are concerned that some citizens may be deterred from visiting and enjoying the public lands in Rio Grande County.
NOW THEREFORE BE IT RESOLVED, that the Rio Grande County Board of Commissioners hereby requests that no recreational fees be imposed on Federal lands under the Recreational Fee Demonstration Program within the boundaries of Rio Grande County.
The foregoing Resolution was offered by Commissioner Brown, seconded by Commissioner Davie, and passed on vote of the Board of County Commissioners at a meeting of said Board on the 29th day of August, 2001."
On August 22, the Board of Commissioners of
San Juan County, Colorado unanimously passed Resolution 01-14. This
resolution ecourages the federal government to provide full funding for public
lands agencies.
Although the resolution does not make a direct statement opposing the Recreational Fee Demonstration Program (Fee Demo), it states that the Board of Commissioners would rather see full funding of public lands agencies instead of fees. Indeed, if public lands agencies were fully funded, Fee Demo would be unnecessary, as has been the case for the past 100 years.
This resolution makes San Juan County the second governmental body in Colorado, along with San Miguel County, to oppose Fee Demo.
The resolution reads as follows:
A RESOLUTION ENCOURAGING FULL FUNDING OF FEDERAL LAND MANAGEMENT AGENCIES
"WHEREAS, San Juan County, Colorado consists of 86% public lands, managed by either the U.S. Forest Service ot the Bureau of Land Management (BLM); and
WHEREAS, the number of visitors using these lands for recreation has increased dramatically; and
WHEREAS, the public lands agencies do not have enough funds to adequately manage the huge influx.
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of San Juan County that the United States Congress is urged to fully fund the budget requests of our public lands agencies. The Board of Commissioners would rather see public land managers receive the money they need to manage our public lands in lieu of charging fees.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby pledges to communicate, cooperate and collaborate with the Forest Service and BLM in their efforts to protect, yet keep accessible, our natural resources.
READ, PASSED AND ADOPTED this 22nd day of August, 2001 by the Board of Commissioners of San Juan County, Colorado."
*Adapted from the Arizona Daily Sun, August
21, 2001: Red Rock pass system in trouble; and from the Arizona Daily Sun, August
21, 2001: Courtroom erupts in applause for verdict *
A federal magistrate in a packed U.S. District Court in Flagstaff, Arizona dismissed the charges of three of four people who refused to pay fees associated with the Red Rock Recreation Pass - a local version of the Recreational Fee Demonstration Program (Fee Demo). Two immediately had their cases dismissed by Assistant U.S. Attorney Joseph Lodge just before the four trials were to begin because he said the cases were unlikely to result in convictions based upon U.S Attorney's Office guidelines. U.S. Magistrate Judge Stephen Verkamp found one person innocent citing insufficient evidence. The fourth individual was found guilty due to the individual being observed recreating without a pass by the rangers; this individual was ordered to pay a $50 fine and has up to 10 days to file an appeal.
This has dealt what appears to be a major setback to the ability of the Coconino National Forest to enforce its demonstration program. Due to the dismissals, the Forest Service rangers will have to spend more time trying to find the owners of vehicles illegally parked in the National Forest if they wish to take suspected violators of the program to court. John Nelson, supervisory law enforcement officer for the Coconino National Forest affirmed this. "That would be the bottom line -- that we couldn't put the person at the vehicle or prove that the person took the vehicle there," Nelson said. "That's the crux of his decision -- is that the Forest Service has to prove who parked that vehicle there." Previously, rangers had been ticketing vehicles parked at trailheads that did not display the Red Rock passes regardless of whether they made contact with the owners.
Before the trials, approximately eight cases of alleged Red Rock pass violations had been contested. Six ended in plea bargains of reduced fine amounts, and two were dismissed.
The only way for the Forest Service to continue with its method of ticketing empty cars would be to change the law to violate the constitutional protection of presumption of innocence. The National Parks Stewardship Act (S1011), which would make Fee Demo permanent, would also change the law in such a way that forest visitors could be presumed guilty until proven innocent.
On August 3, the Board of Commissioners of
San Miguel County, Colorado unanimously passed resolution 2001-44. This
resolution requests the federal government to end the Recreational Fee
Demonstration Program (Fee Demo) in San Miguel County.
This resolution makes San Miguel County the first governmental body in Colorado to oppose Fee Demo.
The resolution reads as follows:
RESOLUTION OF THE bOARD OF COMMISSIONERS, SAN MIGUEL COUNTY, COLORADO REQUESTING A NO RECREATIONAL FEE BE IMPOSED ON FEDERAL LANDS UNDER THE RECREATIONAL FEE DEMONSTRATION PROGRAM IN SAN MIGUEL COUNTY
"WHEREAS, in 1996 Congress authorized the Recreational Fee Demonstration Program, which allows the United States Forest Service and Bureau of Land Management to charge visitors daily and yearly fees for recreation on publicly owned land under their management; and
WHEREAS, a Fee Demo Program has actually been implemented in the Canyon Creek area of the Uncompahgre National Forest, including Yankee Boy Basin, Imogene Pass and Mount Sneffels; and
WHEREAS, it is reasonable to expect that the Fee Demo Program will be extended to public lands in San Miguel County such as Tomboy Basin, Ophir Pass, Lizard Head Wilderness, and other popular recreation areas on BLM and USFS land; and
WHEREAS, recreational fees constitute double taxation which bears no relationship to the actual cost of recreation such as hiking, picknicking, observing wildlife or scenic driving on County roads; and
WHEREAS, while the original intent of the Fee Demo Program was to generate revenue to address maintenance backlogs and enhance visitor 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 and BLM as support of the program, but no means of expressing opposition is provided except to avoid the fee area, we are concerned that some citizens may be deterred from visiting and enjoying the public lands in San Miguel County.
WHEREAS, a public meeting was held on August 3, 2001 before the Board of Commissioners, San Miguel County, Colorado.
NOW THEREFORE BE IT RESOLVED, that the San Miguel County Board of Commissioners hereby requests that no recreational fees be imposed on Federal lands under the Recreational Fee Demonstration Program within the boundaries of San Miguel County.
APPROVED and DONE by the Board of Commissioners of San Miguel County, Colorado at a public meeting on August 3, 2001."