On May 8, Senator Craig Thomas (R-WY) introduced the
Recreational
Fee Authority Act (S.2473). This bill would make the Recreational Fee
Demonstration Program (Fee Demo) permanent only for the Park Service. Nothing
about the other agencies affected by Fee Demo is mentioned within the bill.
Like Fee Demo itself, the bill includes language encouraging partnerships with private entities, including compensation for services provided by private entities. The bill goes one step further in terms of commercial interests fitting into National Park management by including language authorizing the Park Service to assess the cost of fees by making them comparable to fees at nearby private sector facilities. Such language will encourage the further commercialization of National Parks.
Additionally, the bill allows the Park Service to engage in agreements with states to make state passes good at National Parks within the state and to make National Park passes good at state parks. This language will make passes more palatable to the public, and, in the long run, encourage the creation of more areas where a pass must be used to enter.
Back in July of 2001, 26 members of the
Western Slope No Fee Coalition were ticketed for not paying a fee
implemented under the Recreational Fee Demonstration Program (Fee Demo) to
drive their vehicles into Canyon Creek near Durango, Colorado. The group was
there to stage a protest against the program and lined up to receive their
tickets.
The group argued that Fee Demo is unconstitutional, but the magistrate did not agree and denited their request that the charges against them be dropped. Each defendant must now pay a $25 fine and a $10 court fee. Additionally, the group has asquired thousands of dollars in legal fees for their attorney.
The defendants plan on an appeal saying that there are still many unanswered questions. The magistrate chose not to rule on all the arguments presented. The magistrate rejected a number of arguments, including: First Amendment rights were not violated as " vehicles do not have First Amendment rights," the equal protection clause of the 14th Amendment was not violated as only types of vehicles were discriminated against, and the due process clause of the Fifth Amendment was not violated as the program was not overborad and did not restrict the defendants ability to use the area.
On May 8, the final day of session before
its six month recess, the Colorado Senate passed a resolution opposing the
Recreational Fee Demonstration Program (Fee Demo) by a vote of 31 to 3. The
resolution (HJR02-1051) had passed the Colorado Assembly uanimously (65-0)
the day before.
The resolution was brought before the Assembly by Representative Kay Alexander (R-Montrose) and sponsored in the Senate by Senator Jim Isgar (D-Durango). The resolution asks the federal Congress to be abolish Fee Demo and to restore funding to the public land agencies within Colorado.
The resolution reads as follows:
"HOUSE JOINT RESOLUTION 02-1051 CONCERNING OPPOSITION TO THE FEDERAL 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, The Recreational Fee Demonstration Program has been implemented on selected public lands in Colorado and one might reasonably expect that the program will be extended to include many more public lands throughout the state; and
WHEREAS, Recreational fees constitute double taxation and bear no relationship to the actual costs of recreation such as hiking, picnicking, observing wildlife, or scenic driving on state and county roads and public rights of way; and
WHEREAS, The concept of paying Recreational Fee Demonstration Program fees to use public lands is contrary to the idea that public lands belong to the American people and are places where everyone is granted access and is welcome, a concept that has been and should remain in place; and
WHEREAS, The original intent of the Recreational Fee Demonstration Program was to improve the public lands, public facilities, and visitor services, but instead the program has served only to limit access to public lands and has garnered strong and widespread public criticism; and
WHEREAS, Public land agencies have been underfunded and Congress should restore funding to these agencies; and
WHEREAS, While the controversy over the Recreational Fee Demonstration Program continues, the issues that the fees were meant to resolve, such as poorly signed trails, bridges in disrepair, and the scarcity of picnic areas and campsites, of which many are in disrepair or vandalized, remain inadequately addressed; and
WHEREAS, The purchase of a pass to enter public lands under the Recreational Fee Demonstration Program demonstrates support to the program, but the limited means of expressing opposition to the program raises the concern that some citizens may be deterred from visiting and enjoying public lands in Colorado and throughout the United States; and
WHEREAS, Tourism is an important industry to Colorado and recreational fees will have a negative impact on the state and local economies; now, therefore,
Be It Resolved by the House of Representatives of the Sixty-third General Assembly of the State of Colorado, the Senate concurring herein:
That the General Assembly recommends that the Recreational Fee Demonstration Program be abolished and Congress restore funding to the public land agencies within Colorado, and that no recreational fees be imposed on federal lands within the State of Colorado under the Recreational Fee Demonstration Program.
Be It Further Resolved, That copies of this resolution be sent to the Governor of Colorado, to the Bureau of Land Management, the United States Forest Service, the President of the United States, the Speaker of the United States House of Representatives, the majority and minority leadership of the United States Senate, and to each member of the Colorado Congressional Delegation."