September 2001

House Subcommittee on Forests and Forest Health Holds Oversight Hearings on Fee Demo

On Tuesday, September 25, the Forests and Forest Health Subcommittee of the House Resources Committee held oversight hearings on permanent extension of the Forest Service Recreation Fee Demonstration Program (Fee Demo). Only 5 witnesses testified, including the Acting Associate Deputy Chief of Forest Service Dennis Bschor, Publisher of Backpacker Magazine John Viehman, Co-founder of the Public Access Coalition Doug Hoschek, Access Director of American Whitewater Association Jason Robertson, and Chairman of National Alliance of Gateway Communities Bob Warren. Scott McInnis, Chairman of the Forests and Forest Health Subcommittee made the opening remarks.

House Resources Committee Chairman Jim Hansen issued a press statement after the hearing which promoted permanent authorization of Fee Demo.

Of those who testified, Dennis Bschor, John Viehman, and Bob Warren supported permanent authorization of Fee Demo, Jason Robertson opposed permanent authorization of Fee Demo in its current form, and Doug Hoschek (statement not posted) opposed permanent authorization of Fee Demo in any form.

Chairman Mcinnis opening statement called for a full review of all the pros and cons of Fee Demo while stating that the argument that fees are double taxation had little merit when closely examined since Congress has not come up with adequate funding for public lands agencies.

Two Arizona Fee Demo Violators' Charges Dismissed in Court

On September 24, prosecutors for the Forest Service asked a magistrate to dismiss all charges against two individuals accused of violating the Recreational Fee Demonstration Program (Fee Demo) in the Coconino National Forest. The Forest Service had claimed that the two individuals had not purchased a Red Rock Pass before recreating in the Coconino National Forest.

Both defendants had requested a trial in order to take their arguments before a magistrate believing that they were innocent. Recently, however, the Forest Service suffered a significant defeat in the same magistrate’s chambers. In that case, the magistrate ruled that the Forest Service could not issue citations to an unattended vehicle without, additional evidence that the owner of the vehicle had been recreating.

"It feels like harassment to me," said one defendent after the leaving the courtroom. "They [the Forest Service] knew, since the last court case, that they would not be prosecuting. Yet they still made me travel up here [from Sedona] and wait for close to an hour before the judge dismissed my case."

Hinsdale County Board of Commissioners Opposes Fee Demo

On September 5, the Board of Commissioners of Hinsdale County, Colorado unanimously passed resolution No. 11, Series 2001. This resolution requests the federal government to end the Recreational Fee Demonstration Program (Fee Demo) in Hinsdale County.

This resolution makes Hinsdale County the third governmental body in Colorado, along with San Miguel and San Juan Counties, to oppose Fee Demo. It now joins 3 states, 7 counties in other states, and 2 cities in opposing Fee Demo.

The resolution reads as follows:

A RESOLUTION REQUESTING NO RECREATIONAL FEES BE IMPOSED ON FEDERAL LANDS IN HINSDALE COUNTY UNDER THE RECREATIONAL FEE DEMONSTRATION PROGRAM

"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 proram has 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 could be extended to public lands in Hinsdale County such as the Alpine Loop, the Uncompahgre, Weminuche, Powderhorn and other wilderness areas, Uncompahgre Peak and other high peaks, the Continental Divide and Colorado trails and other trail systems, American Basin 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, picnicking, observing wildlife or scenic driving on County maintained roads within the public lands; 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 string 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 Hinsdale County.

NOW, THEREFORE, BE IT RESOLVED, that the Hinsdale 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 Hinsdale County.

INTRODUCED by Commissioner Linda Mathews, seconded by Commissioner Carol Drake, and passed (3-0) this 5th day of September, 2001."


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