On October 28, the Senate and House published the results
of their conference committee on the two differing versions of the 2004 interior appropriations bill,
HR 2691. This bill continues the endless backroom dealings of the proponents of Fee Demo whereby
the program is extended via a rider added to a massive appropriations bill. Riders are undebated
amendments to legislation. This rider extends the program for the fifth time since its inception by
another 15 months. Originally slated to end in September, 1998, the program will now end -- unless
yet another rider extends it -- in December 2005.
In addition to the extension, the bill includes new protections for private sector concessionaires only on Forest Service lands. The Forest Service will now be prohibited from returning management of concessioned recreation after a contract has ended, unless the private entity no longer wishes to operate at the site or violates the terms of the contract.
On Oct. 8th, 2003 seven Republican Congressmen led by Ralph Regula
(R-OH) introduced the
Federal Lands Recreation Enhancement Act (HR 3283) to
permanently authorize the Recreational Fee Demonstration Program. Of the seven Congressmen who
introduced this legislation, four of them, Ralph Regula
(R-OH), Zach Wamp (R-TN), Don Sherwood (R-PA), and John Peterson (R-PA), are on the Interior
Appropriations Subcommittee that introduced Fee Demo as
an appropriations rider in 1996 and have since extended it four times via further riders. Other
cosponsors are Mark Souder (R-IN), Tom Petri (R-WI), and
David Hobson (R-OH).
This bill (HR 3283) would make permanent the controversial Fee Demo program which affects lands administered by the Park Service, Forest Service, Bureau of Land Management, and the U.S. Fish and Wildlife Service, and expand the program to include lands administered by the Bureau of Reclamation. HR 3283 would mandate that visitors to public lands be required to have a national pass to access practically all public lands administered by the federal agencies.
The bill includes provisions for the establishment of a National Parks and Federal Recreational Lands Pass to be known commonly as the "America the Beautiful Pass." This pass will be required for access to lands administered by any of the five affected land management agencies. Indications are that the cost of this new public lands access pass will be at least $85 annually and could be much higher. This pass would also replace the current Golden Age Pass which seniors can now purchase for a one time cost of $10.
Three layers of fees are to be established by the bill: basic fees, expanded fees, and special recreation permit fees. Basic fees would be required simply to access areas administered by the five agencies. These basic fees will also be charged for visitor centers, dispersed areas with no investment and backcountry use, roads, pull offs, and scenic overlooks, drinking fountains, restrooms, undeveloped parking, and individual picnic tables. Expanded fees would be required for specialized facilities like campgrounds and boat launches. Special recreation permit fees would be necessary for use of a motorized recreation vehicle on lands administered by these five agencies and for any group activity or recreation event. Expanded fees and special recreation permit fees would be in addition to basic fees, and a citizen could potentially be charged all three types of fees for a visit.
The penalties for not having a pass would be increased from the current infraction punishable by no more than a $100 fine to a Class B Misdemeanor punishable by up to six months in jail and/or a $5000 fine. The new law holds the registered owner of a vehicle responsible for payment whether present with the vehicle or not. Occupants of the vehicle would be held equally liable to a Class B Misdemeanor as well. Anyone who failed to properly display a pass (even though one might have been purchased) would be considered guilty under the new law, circumventing the constitutional protection of "presumed innocent until proven guilty."
Finally, the Federal Lands Recreation Enhancement Act would make the recreation industry a full partner in the development of this fee program. The bill gives the agencies the ability to "jointly enter into cooperative agreements with governmental and nongovernmental entities for the development and implementation of the National Parks and Federal Recreation Lands Pass Program." In the current climate, considering the cash-starved status of recreation programs on public lands, contracting with the private sector would likely be the primary means of implementing the program.