No forest pass? $5,000 fine and 6 months in jail!

Uncle_Tricky · December 1, 2004

I just finished writing an article for our local paper about this issue. Some interesting facts follow:

As of next week, (assuming its passed, which seems HIGHLY likely at this point--see below for details) the Forest Pass will now be known as the "America the Beautiful National Parks and Federal Recreation Lands Pass" (I'm not kidding.)

Replacing the old "Fee Demo" program will be the new "Federal Lands Recreation Enhancement Program."

Not having the pass is a criminal offence, punishable by up to 6 months in jail and a fine of $5,000. Early interpretations of the legislation indicate that it be applied to whole sections of public land--not just cars in parking areas.

The new fee program extends the "Demo" for ten years, and expands it to include lands managed by five federal agencies--not just the forest service.

Provisions for the new pass are included in the $388 billion dollar appropriations package currently being debated by congress. (Yes, the same one that was delayed after a few people who actually read the 3,000 page bill discovered that it allowed congress and their staffs access to individual's tax returns.)

In order to win passage (and sidestep public hearings on his bill), the republican author attached the bill as a rider to the huge spending package necessary to fund the govt's operations for FY 2005. This is a common strategy for unpopular bills that would likely never pass on their own merits. The new version of the bill removes the controversial tax stuff, but retains the new forest fee program.

The house votes on this measure Dec. 6. With support from most congressional republicans and the president, it will likely pass.

Rep. Ralph Regula, is the Republican congressman from Ohio instituted the first Fee Demonstration Program back in 1996. He created this new bill that could become law next week. All seven co-sponsors of the bill are from east of Colorado. Regula’s district has no public lands that would be affected by the new fee program.

Those unable or unwilling to buy an “America the Beautiful National Parks and Federal Recreation Lands Pass,” could still freely utilize posted public lands one day per year. Language in the bill allows land managers designate an official “Fee Free Day.”

iain · December 1, 2004

Ugh.

olyclimber · December 1, 2004

Hey, they have to fund their corporate sponsors somehow!

jon · December 1, 2004

I'm not paying for that shit.

Uncle_Tricky · December 1, 2004

Hey, they have to fund their corporate sponsors somehow!

Strongest support for the bill has come from the American Recreation Coalition (ARC), a group, which includes executives from corporations such as Disney, Kampgrounds of America and various RV and boat manufacturers.

“Fees will remain only one part of caring for our legacy of public lands,” said American Recreation Coalition president Derrick Crandall. According to Crandall, the new fee program “is a good framework for improved recreation experiences on America’s public lands.”

iain · December 1, 2004

I am so sick of that guy.

cj001f · December 1, 2004

It's all the more galling when you look at Regula's Website. All 10 of his press release's are for pork in his juridiction.

Uncle_Tricky · December 1, 2004

I'm not paying for that shit.

Hey homeslice--hope you got a few grand to burn and half a year of free time to spend in federal prison!

JayB · December 1, 2004

Doesn't this thing have to pass the Senate as well? That might allow time to contact Senators before the bill is written into law.

graupel · December 1, 2004

Here is something I saw posted on another forum. Quite likely this may be something wildwilderness.org sent out, but I'm not certain of the source:

If you've been keeping up with the news, you know that Ohio Representative Ralph Regula attached a rider to the Omnibus bill making Recreational fees a permanent fixture on public lands. It is not, however, over.

An unexpected delay in final passage of the massive omnibus appropriations bill has given public lands fee opponents ANOTHER CHANCE to defeat Ralph Regula's scheme to legislate permanent public lands fees behind closed doors using a parliamentary sleight of hand, without debate or public hearings.

You may have heard in the news that a clause offensive to privacy rights advocates (it would allow certain members of Congress and their staffs to view previously off-limits IRS tax returns) was discovered in the spending bill. The bill, with the offending clause, had already received House approval. The

Senate deleted the IRS clause before they voted. The House and Senate versions are therefore different, and so final approval has not yet been achieved and the bill has not yet been sent to the President for signature.The Congress has been called back for a second lame duck session beginning

December 6 to settle the issues.

At that time, House leadership can also make any other changes they like to the bill, INCLUDING REMOVAL OF CONGRESSMAN REGULA’S UNAMERICAN PERMANENT FEE

BILL, HR 3283.

HELP PULL FEES OUT OF THE OMNIBUS BILL.

One group of fee opponents is sending the following letter to Leadership of both the House and Senate:

Dear Sirs:

We respectfully requests that you move immediately to delete HR 3283 from the omnibus spending bill currently under consideration by the U.S. House.

This bill is substantive legislation, including criminal penalties, that fundamentally changes the way America's public lands are funded and managed. Yet it has never been approved by the full House and has never been introduced, had hearings, or been voted upon in the Senate.HR 3283 would allow the federal land management agencies to charge access fees for recreational use of public lands by the general public. It would

replace the Recreational Fee Demonstration Program (Fee Demo) which began in 1996 (via an appropriations rider) as a two-year demonstration and has been extended (as a rider) every year since then, with a permanent fee program. Fee Demo has been highly controversial and is opposed by hundreds of organizations, state legislatures, and county governments and by millions of rural Americans. These fees are a double tax that puts the burden of funding the management agencies on the backs of rural Americans. HR 3283 would constitute the first tax increase of the Bush administration. The attempt to slip such a controversial measure into the omnibus has ignited a firestorm in the West. Fee Demo is even more intensely unpopular now than it was when it was originally implemented, and this bill would beunlikely to pass on its own merits. To tack it on as an appropriations rider is an abuse of legislative power.

House leadership should take this opportunity to right the wrong that is about to be perpetrated on the American people.

Thank you for your consideration.

HERES WHAT YOU CAN DO:

THIS WEEK, before December 3rd, contact the key congressional leaders listed below, by phone or fax. Also call or fax your own Representative and both of your Senators. A massive outpouring of opposition, not only to the bill itself but to its method of passage, WILL have a major impact!

SAMPLE LETTER OR PHONE CALL:

Please remove HR 3283 as a rider on the omnibus spending bill. Substantive legislation, especially with criminal penalties involved, should go through a full legislative procedure of public hearings and debate. I am outraged at this abuse of the appropriations process. HR 3283 should not be passed without ever seeing the light of day.

(please vary the wording)

Feel free to mention any of the numerous other problems that the Fee Demo Program has created, such as the tens of thousands of dollars that have been spent on enforcement instead of maintenance, and projects like the Maroon Bells 1.6 million dollar toilet.

Here is who to contact:

Dennis Hastert, Speaker of the House

Phone: 202/225-2976

Fax: 202/225-0697

Tom Delay, House Majority Leader

Phone: 202/225-5951

Fax: 202/225-5241

Rep. Ralph Regula

Phone: 202/225-3876

Fax: 202/225-3059

Bill Young, Chair, House Appropriation Committee

Phone: 202/225-5961

Fax: 202/225-9764

Bill Frist, Senate Majority Leader

Phone: 202/224-3344

Fax: 202/228-1264

Ted Stevens, Chair, Senate Appropriations Committee

Phone: 202/224-3004

Fax: 202/224-2354

Uncle_Tricky · December 1, 2004

JayB wrote:

Doesn't this thing have to pass the Senate as well? That might allow time to contact Senators before the bill is written into law.

It has already passed the senate. The vote in the house is tentatively scheduled for Dec. 6. Unless the house changes the appropriations package (for example removing the language establishing general access fees for undeveloped public lands) the senate will not have another chance to vote on the massive appropriations bill and it will become law.

The pressure is on to pass the bill, as Congress has already been forced to pass an embarrasing emergency stopgap measure to extend their borrowing limit in order to temporarily fund the federal gov't so as not to default on our debt and/or bring the government to a grinding halt. (And yes, this is with the republicans controlling both the legislative and executive branches of gov't).

That's precisely why it was attached to the huge appropriations bill necessary to fund basic federal operations--you either vote yes or no. Realistically, something like an expansion of an existing federal fee program to access public lands is not enough of a political reason to shut down the gov't for most politicians.

Currently, it appears the bill will become law next week--unless enough pressure is applied to the republican congressional leadership and they remove this rider, which would force a new vote in the senate.

JayB · December 1, 2004

We should get on the cross posting pronto - rec.climbing, etc, etc, etc in order to get the phone calls rolling.

My advice would be call - don't write. Calls affect the staff in real-time, and they convey this to the congressmen/women that they report to pronto. E-mails can languish in inboxes for days without bothering anyone. A ringing phone is much more effective at getting their attention.

My other advice would be don't bother preparing a speech - just call and deliver your message as effectively as possible in the time you've got.

Off_White · December 1, 2004

It only took me 10 minutes to call all the folks on the House list, as well as the two local folks. Don't hesitate, do it now.

chelle · December 1, 2004

I sent an email to NEWSTIPS to let her know that there is an important story in here.

OnTop_of_Poo · December 1, 2004

It is EXTREMELY unlikely that the House will address fee demo again. This bill is not going to back to the Senate, Nancy Pelosi (D-CA) is holding the omnibus up to gain some political hay over the IRS issue (that all the R's are quickly distancing themselves from). Unless there is a miracle, fee demo is a done deal.

For future reference, when trying to make a difference, contact your represenative directly. It's also important to contact the COMMITTEE's that over see these issues. Here is a link to the Senate committee on Energy and Natural Resources. These types of bills live and die in committee's.

http://energy.senate.gov or the members at: http://energy.senate.gov/contact/contact_members.html

Here is the link to the House Committees that generally oversee land use issues.

http://resourcescommittee.house.gov/

http://agriculture.house.gov/

You are correct, this was added fee demo to the omnibus, b/c there is no way it would have passed solo (well, no way the USFS fee demo would have, the NPS version was viewed more favorably.)

Lastly, the front page of the House Committee on Natural Resources had this to say about Fee Demo...

Recreation Fee Demonstration Bill Passes House

Washington, DC - Today the House of Representatives passed H.R. 3283, the Federal Lands Recreation Enhancement Act, introduced by Rep. Ralph Regula (R-OH). The bill will improve recreational facilities and visitor opportunities on federal recreational lands by reinvesting receipts from fair and consistent recreational fees and passes.

"This legislation ensures continued access to recreational opportunites on our federal land while protecting the public's pocketbook," said House Committee on Resources Chairman Richard W. Pombo (R-CA). "We have given federal land managers the ability to assess reasonable fees for specific activities and uses. This bill will put an end to fears that fees will be misused by federal land managers since we have laid out very specific circumstances under which these fees can be collected and subsequently reinvested." More...

One last link, if you want to follow bills, legislation or get the actual text of a law, try this site, it's GREAT! If you're not into this stuff, it will be incredibly BORING.

http://thomas.loc.gov/

iain · December 1, 2004

Riders attached to unrelated politically-pressured legislation are a disgrace to our system of government. They should be outlawed!

backcountrydog · December 1, 2004

calling all the people on the house list took me 7 minutes (beat ya o-white )

easy as pie and most of them told me that almost everyone who called in was against it.

do it, do it now...

downfall · December 1, 2004

I just talked with a staff member at congressman McDermott's office about this. He was pretty up front with me and said that even though alot of people are opposed to this its really not going to get any attention unless something as public as the opposition over the IRS access happens (which is unlikely since most people are entirely ignorant when it comes to understanding this program). He suggested that the best course of action would be to start adressing the issue for next year, as there is a way to override it, via handwritten letters to your representatives and the key leaders stated above (the staff member said he doesn't pay much attention to pre-printed statements, postcards and email; I don't really know about phone calls though). He did mention he had no hopes of this being changed untill we have a chance of changing the balance of power in congress in two years. I wouldn't take this as discouragement but OnTopofPoo is right they are really just revisiting this bill because of the IRS issue and nothing else is planning on being discussed. Personally I'm going to keep up the calls over the next few days but then after than I'm going to start addressing the issue via letters to hopefully get some action next year or at least continue getting people educated on the topic.

On a side note if you are not sure how you stand with respect to fees for public lands I'd suggest reading Ken Wright's book Why I'm Against It All.

OnTop_of_Poo · December 1, 2004

I also recommend calling the staffers for the committee's listed above.

Let me dig around some more. I know that the bill wasn't popular with all of the Senators (esp the western state Senators), I'm wondering if the agency's (USFS) propped it up, or other lawmakers?

slothrop · December 1, 2004

Anyone able to find the text of the rider? Thomas says HR 3283 is the "Infant and Toddler Durable Product Safety Act"...

Ok, I searched for "Federal Lands Recreation Fee Authority Act" and found the Senate version of the bill.

OnTop_of_Poo · December 1, 2004

Seems like the Departments were in concert to do this together from the begining, sort of an all the agencys/bureaus or none. Senators Thomas, Craig and Domenici were opposed to the USFS getting in on the permanent fee authoriy (Thomas passed legislation enabling the NPS to have a permanent fee authority), but Senator Stevens (R-AK), chair of Appropiations (a very powerful position) seems to have made a deal with Secretaries at the Department of Agriculture and Interior and left the legislation in.

Seems odd that a R-Senator would oppose other western state R-Senators. The Secretaries must have pitched a great position, or another deal.

OnTop_of_Poo · December 1, 2004

H. R. 3283

To improve recreational facilities and visitor opportunities on Federal recreational lands by reinvesting receipts from fair and consistent recreational fees and passes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 8, 2003

Mr. REGULA (for himself, Mr. WAMP, Mr. SHERWOOD, Mr. SOUDER, Mr. PETRI, Mr. PETERSON of Pennsylvania, and Mr. HOBSON) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

--------------------------------------------------------------------------------

A BILL

To improve recreational facilities and visitor opportunities on Federal recreational lands by reinvesting receipts from fair and consistent recreational fees and passes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Federal Lands Recreation Enhancement Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Purposes and principles.

Sec. 3. Definitions.

Sec. 4. General recreation fee authority.

Sec. 5. Basic recreation fee.

Sec. 6. Expanded recreation fee.

Sec. 7. Special recreation permit fee.

Sec. 8. General recreation pass authority.

Sec. 9. America the Beautiful--the National Parks and Federal Recreational Lands Pass.

Sec. 10. Other recreation passes.

Sec. 11. Miscellaneous administrative provisions regarding recreation fees and recreation passes.

Sec. 12. Volunteers.

Sec. 13. Special accounts and distribution of recreation fees and recreation pass revenues.

Sec. 14. Expenditures from special accounts.

Sec. 15. Enforcement and protection of receipts.

Sec. 16. Repeal of superseded admission and use fee authorities.

Sec. 17. Relation to other laws and fee collection authorities.

SEC. 2. PURPOSES AND PRINCIPLES.

(a) PURPOSES- The purposes of this Act are--

(1) to enhance visitor opportunities regarding Federal public lands by creating a seamless Federal system of recreation opportunities;

(2) to enhance the visitor experience by investing recreation fees in improving recreation opportunities regarding Federal public lands;

(3) to reduce the huge deferred maintenance backlog that adversely affects visitor use and enjoyment of Federal recreational facilities and lands, by focused use of visitor fee revenues;

(4) to help protect and enhance the natural resource, historic, cultural, and other special values of Federal public lands and National Parks that attract hundreds of millions of visitors every year;

(5) to establish a permanent recreation fee program that allows the fees to be used primarily at the site of collection;

(6) to establish a permanent recreation fee program so that important investments in technology may be made;

(7) to streamline, simplify, and improve the recreation fee program; and

(8) to streamline, simplify, and improve the interagency national recreation pass program.

(b) PRINCIPLES- The following principles apply to the recreation fee program authorized by this Act:

(1) BENEFICIAL TO THE VISITING PUBLIC- A majority of the revenue generated by recreation fees should be retained and used at the site where the fees are collected to benefit the visiting public by enhancing the resources, facilities, activities, services, and programs used by the visiting public. Recreation fees should be designed to provide the sites with adequate resources to enhance and supply visitor services, reduce the backlog of deferred maintenance, and restore and enhance impacted or endangered resources.

(2) FAIR AND EQUITABLE- Recreation fees should also be affordable for the visiting public and not significantly impact visitation levels. Recreation fees should be reasonable and based on a consistent and sound rationale. Recreation fee systems should consider and address the relationship between who pays the fee and who benefits from the resources, facilities, activities, services, and programs provided by a recreation program.

(3) EFFICIENT- Recreation fees should be collected and administered in a cost efficient, enforceable, and business-like manner.

(4) COLLABORATIVE- Recreation fees should be developed with input from local communities and other interested persons. Wherever possible or appropriate, Federal land management agencies should coordinate fees with private entities and local, State, and other Federal agencies so as to minimize overlapping costs and simplify fees for the visiting public.

(5) CONVENIENT- Recreation fees should be convenient to pay and recreation passes should be easy to obtain. A variety of payment and purchase location options (including credit card, internet, automated fee machines, and vendor sales) should be available as appropriate and feasible.

(6) ACCOUNTABLE- Federal land management agencies should collect data and publish annually public documentation showing how the recreation fee program is administered. Agencies should evaluate the recreation fee program to consider cost of collection, adherence to policy, use of revenues, fiscal safeguards, and how well the program achieves organizational, site, and community goals.

(7) CONSISTENT- The visiting public should expect a similar fee for similar resources, facilities, activities, services, and programs across Federal land management agencies or in a given geographic area. The costs and benefits associated with a recreation fee or recreation pass should be clearly illustrated and easily understood by the visiting public.

SEC. 3. DEFINITIONS.

In this Act:

(1) BASIC RECREATION FEE- The term `basic recreation fee' means the fee authorized by section 5.

(2) EXPANDED RECREATION FEE- The term `expanded recreation fee' means the fee authorized by section 6.

(3) FEDERAL LAND MANAGEMENT AGENCY- The term `Federal land management agency' means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service.

(4) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS - The term `National Parks and Federal Recreational Lands Pass' means the interagency national pass authorized by section 9.

(5) PASSHOLDER- The term `passholder' means a person who purchases or otherwise holds a recreation pass.

(6) RECREATION FEE- The term `recreation fee' means the basic recreation fee, expanded recreation fee, or special recreation permit fee.

(7) RECREATION PASS- The term `recreation pass' means the National Parks and Federal Recreational Lands Pass or one of the recreation passes available as authorized by section 10.

(8) SECRETARY CONCERNED- The term `Secretary concerned' means--

(A) the Secretary of the Interior, with respect to the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation; and

(B) the Secretary of Agriculture, with respect to the Forest Service.

(9) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture acting jointly.

(10) SPECIAL ACCOUNT- The term `special account' means the special account established in the Treasury under section 13 for a Federal land management agency.

(11) SPECIAL RECREATION PERMIT FEE- The term `special recreation permit fee' means the fee authorized by section 7.

SEC. 4. GENERAL RECREATION FEE AUTHORITY.

(a) AUTHORITY TO ESTABLISH- The Secretary concerned shall provide for the establishment of basic recreation fees, expanded recreation fees, and special recreation permit fees that are fair and equitable.

(b) ESTABLISHMENT GUIDELINES- The Secretary concerned shall establish guidelines identifying the process by which a Federal land management agency shall establish and change the amount charged for a basic recreation fee, expanded recreation fee, or special recreation permit fee. The guidelines shall contain a provision requiring that Federal land management agencies coordinate with each other, to the extent practicable, when establishing and changing such fees.

(1) The benefits and services provided to visitors paying the recreation fee.

(2) The public policy or management objectives served.

(3) The effect of multiple fees charged to the public.

(4) The direct and indirect cost to the Government.

(5) The revenue benefits to the Government.

(6) Fees charged at comparable sites or by other public agencies.

(7) The economic and administrative feasibility of fee collection.

(8) The price of the National Parks and Federal Recreational Lands Pass.

(d) FEES FOR CERTAIN ACTIVITIES PROHIBITED- The Secretary concerned may not charge a basic recreation fee, expanded recreation fee, or special recreation permit fee--

(1) for travel by private, noncommercial vehicles over any national parkway or any road or highway established as a part of the National Highway System (as defined in section 101 of title 23, United States Code) that is commonly used by the public as a means of travel between two places either or both of which are outside any unit or area of a Federal land management agency at which fees are charged under this Act;

(2) for travel by a person using a private, noncommercial vehicle over any road or highway to any land in which the person has any property right, if the land is within any unit or area of a Federal land management agency at which fees are charged under this Act;

(3) for any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty; or

(4) for any person who is engaged in the conduct of official Federal, State, or local government business.

(e) WAIVER OR DISCOUNT OF FEES- The Secretary concerned may waive or discount a basic recreation fee, expanded recreation fee, or special recreation permit fee, as considered appropriate by the Secretary concerned.

(f) FEE MANAGEMENT AGREEMENTS- Notwithstanding chapter 63 of title 31, United States Code (commonly known as the Federal Grants and Cooperative Agreements Act), the Secretary concerned may enter into fee management agreements, including contracts, that provide for reasonable commissions, discounts, or reimbursements, with any governmental or nongovernmental entities to provide fee collection and processing services, including visitor reservation services.

SEC. 5. BASIC RECREATION FEE.

(a) FEE AUTHORIZED- Except as provided in subsection (b), the Secretary concerned may charge a basic recreation fee for the following locations:

(1) Units of the National Park System.

(2) National Conservation Areas.

(3) National Recreation Areas.

(4) National Monuments.

(5) National Volcanic Monuments.

(6) National Scenic Areas.

(7) Areas of substantial investment by a Federal land management agency, which refers to Federal lands or waters under the jurisdiction of the Secretary concerned that are not specified in paragraphs (1) through (6), but that--

(A) are managed for recreation purposes or contain at least one major visitor attraction; and

(B) have had substantial investments, as determined by the Secretary concerned, made in their facilities or services, in restoring resource degradation in areas of concentrated public use, including a visitor or interpretive center, a trailhead facility, or a developed parking lot, or in requiring the presence of personnel of a Federal land management agency.

(b) LIMITATIONS ON FEES FOR CERTAIN PERSONS, ACTIVITIES, AND LOCATIONS- The Secretary concerned may not charge a basic recreation fee with respect to any of the following:

(1) A person under 16 years of age.

(2) Outings conducted for noncommercial educational purposes by schools or bonafide academic institutions.

(3) The following National Park System units:

(A) U.S.S. Arizona Memorial.

(B) Independence National Historical Park.

(D) National Park System units in the District of Columbia.

(E) The Arlington House-Robert E. Lee National Memorial.

(F) Any National Park System unit covered by section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2), other than Denali National Park and Preserve.

(G) Any National Park System unit containing a deed restriction on charging entrance fees.

(4) For entrance on other routes into the Great Smoky Mountains National Park, or any part thereof, unless a basic recreation fee is charged for entrance into that park on main highways and thoroughfares.

(5) For any person who visits a unit or area under the jurisdiction of the United States Fish and Wildlife Service and is the holder of a valid migratory bird hunting and conservation stamp issued under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b; commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp Act).

(6) For any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit.

© FEE-FREE DAY- At every unit or area of a Federal land management area that charges a basic recreation fee, that Secretary concerned shall designate at least one day annually during periods of high visitation as a `Fee-Free Day' when no basic recreation fee is charged.

SEC. 6. EXPANDED RECREATION FEE.

(a) FEE AUTHORIZED- The Secretary concerned may charge an expanded recreation fee, either in addition to a basic recreation fee or by itself, at Federal lands or waters under the jurisdiction of a Federal land management agency when the Secretary concerned determines that the visitor to those lands or waters--

(1) receives or is provided a direct service;

(2) uses a specific or specialized facility or equipment in association with the recreation activity;

(3) requires additional attention by staff, representatives or contractors of the Federal land management agency; or

(4) participates in an activity that involves more costs to the Federal land management agency than the costs associated with the basic recreation fee.

(b) LIMITATIONS ON FEES FOR CERTAIN PERSONS, ACTIVITIES, AND LOCATIONS- The Secretary concerned may not charge an expanded recreation fee with respect to any of the following:

(1) For general access to any Federal lands or waters under the jurisdiction of a Federal land management agency.

(2) For access to any of the following:

(A) A visitor center.

(B) A dispersed area with low or no investment.

(D) A basic, core interpretive program.

(E) A backcountry byway.

(F) A wayside.

(G) A drinking fountain.

(H) A restroom.

(I) An undeveloped parking area.

(J) an individual picnic table.

(3) For special attention or extra services necessary to meet the needs of individuals with disabilities.

(4) For any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit.

(1) A developed campground.

(2) A developed boat ramp.

(3) A facility rental.

(4) An equipment rental.

(5) An enhanced interpretive program.

(6) A reservation service.

(7) A transportation service.

(8) A special amenity.

SEC. 7. SPECIAL RECREATION PERMIT FEE.

(a) FEE AUTHORIZED- The Secretary concerned may require a special recreation permit, and charge a special recreation permit fee, for a recreation use, including any of the following:

(1) A group activity.

(2) A commercial tour, including commercial aircraft tour.

(3) A recreation event.

(4) Use of a motorized recreation vehicle.

(5) A competitive event.

(6) An outfitting and guiding activity.

(7) An activity requiring an allocation of use.

(8) An activity for which a permit is required to ensure public safety.

(b) PROCEDURES AND GUIDELINES- If the Secretary concerned requires a special recreation permit for a recreation use, or charges a special recreation permit fee, the Secretary concerned shall establish procedures or guidelines to address the application and approval process for the special recreation permit and the special recreation permit fee levels.

SEC. 8. GENERAL RECREATION PASS AUTHORITY.

(a) EFFECT AND USE OF RECREATION PASSES- A recreation pass shall cover the basic recreation fee at any unit or area of a Federal land management agency that charges a basic recreation fee for the passholder and--

(1) all persons traveling with the passholder in a noncommercial motorized vehicle;

(2) up to three persons accompanying the passholder and traveling by means other than a motorized vehicle; or

(3) up to three persons accompanying the passholder at walk-up units or areas of a Federal land management agency.

(b) NONTRANSFERABLE- A recreation pass is nontransferable.

(1) The considerations specified in section 4©.

(2) The visitor services and recreation opportunities to be covered by the recreation pass.

(3) The price of, and impact on, other recreation passes.

(4) Visitor confusion with respect to other recreation passes.

(5) The impact on the incentive of a Federal land management agency to sell the National Parks and Federal Recreational Lands Pass.

(6) The impact on the overall collection of recreation fees authorized by this Act.

(7) The basic recreation fees charged at units or areas of the Federal land management agencies covered by the recreation pass and the impact of the recreation pass on those fees.

(d) PUBLIC NOTICE- The Secretaries shall jointly take such steps as may be necessary to provide to the public information on the National Parks and Federal Recreational Lands Pass and other available recreation passes.

SEC. 9. AMERICA THE BEAUTIFUL--THE NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS.

(a) RECREATION PASS AUTHORIZED-

(1) AVAILABILITY AND USE- The Secretaries shall jointly establish, and may charge a fee for, an interagency national pass to be known as the `America the Beautiful--the National Parks and Federal Recreational Lands Pass', which shall cover the basic recreation fee at all units and areas of the Federal land management agencies for which a basic recreation fee is charged.

(2) IMAGE COMPETITION FOR RECREATION PASS- The Secretaries shall jointly hold an annual competition to select the image to be used on the National Parks and Federal Recreational Lands Pass for a year. The competition shall be--

(A) open to the public; and

(B) used as a means to educate the American people about units and areas of the Federal land management agencies.

(3) NOTICE OF ESTABLISHMENT- The Secretaries shall jointly publish a notice in the Federal Register when the National Parks and Federal Recreational Lands Pass is first established and available for purchase.

(b) DURATION- The National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months from the date of the issuance of the recreation pass to a passholder.

(d) SALES LOCATIONS AND MARKETING-

(1) IN GENERAL- The Secretary concerned shall sell the National Parks and Federal Recreational Lands Pass at all units or areas of the Federal land management agencies at which a basic recreation fee is charged and at such other locations as the Secretaries consider appropriate and feasible.

(2) USE OF VENDORS- The Secretary concerned may enter into cooperative agreements or contracts with private vendors to sell the National Parks and Federal Recreational Lands Pass.

(3) MARKETING- The Secretaries shall jointly take such actions as are appropriate to provide for the active marketing of the National Parks and Federal Recreational Lands Pass.

(e) DISCOUNTED PASSES-

(1) AGE DISCOUNT- The National Parks and Federal Recreational Lands Pass shall be available, at a 50 percent discount, to any citizen of, or person domiciled in, the United States who is 62 years of age or older, provides adequate proof of age, and provides adequate proof of citizenship or residency.

(2) DISABILITY DISCOUNT- The National Parks and Federal Recreational Lands Pass shall be available, without charge, to any citizen of, or person domiciled in, the United States who has a physical or mental impairment which substantially limits one or more of the person's major life activities, as required by section 7(20)(B)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 701(20)(B)(i)), provides adequate documentation of the such disability, and provides adequate proof of citizenship or residency.

(f) ADMINISTRATIVE GUIDELINES- The Secretaries shall jointly issue guidelines on administration of the National Parks and Federal Recreational Lands Pass, which shall include agreement on price, the distribution of revenues between the Federal land management agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for age and disability discounts, and the issuance of that recreation pass to volunteers. The Secretaries shall take into consideration all relevant visitor and sales data available in establishing the guidelines.

(g) DEVELOPMENT AND IMPLEMENTATION AGREEMENTS- The Secretaries may jointly enter into cooperative agreements with governmental and nongovernmental entities for the development and implementation of the National Parks and Federal Recreational Lands Pass Program.

(h) PROHIBITION ON OTHER NATIONAL RECREATION PASSES- The Secretary concerned may not establish any national recreation pass, except as provided in this section.

SEC. 10. OTHER RECREATION PASSES.

(a) SITE-SPECIFIC AGENCY PASSES- The Secretary concerned may establish and charge a fee for a site-specific pass that will cover the basic recreation fee for a particular unit or area of a Federal land management agency for a specified period not to exceed 12 months.

(b) REGIONAL MULTIENTITY PASSES-

(1) PASSES AUTHORIZED- The Secretary concerned may establish and charge a fee for a regional multientity pass that will be accepted by one or more Federal land management agencies or by one or more governmental or nongovernmental entities for a specified period not to exceed 12 months. To include a Federal land management agency or governmental or nongovernmental entity over which the Secretary concerned does not have jurisdiction, the Secretary concerned shall obtain the consent of the head of such agency or entity.

(2) REGIONAL MULTIENTITY PASS AGREEMENT- In order to establish a regional multientity pass under this subsection, the Secretary concerned shall enter into a regional multientity pass agreement with all the participating agencies or entities on price, the distribution of revenues between participating agencies or entities, the sharing of costs, benefits provided, marketing and design, and the issuance of the pass to volunteers. The Secretary concerned shall take into consideration all relevant visitor and sales data available when entering into this agreement.

SEC. 11. MISCELLANEOUS ADMINISTRATIVE PROVISIONS REGARDING RECREATION FEES AND RECREATION PASSES.

(a) NOTICE OF BASIC RECREATION FEES AND PASSES- The Secretary concerned shall post clear notice of the basic recreation fee and available recreation passes at appropriate locations in each unit or area of a Federal land management agency where a basic recreation fee is charged. The Secretary concerned shall include such notice in publications distributed at the unit or area.

(b) NOTICE OF RECREATION FEE PROJECTS- To the extent practicable, the Secretary concerned shall post clear notice of locations where work is performed using recreation fee or recreation pass revenues collected under this Act.

SEC. 12. VOLUNTEERS.

(a) AUTHORITY TO USE VOLUNTEERS- The Secretary concerned may use volunteers, as appropriate, to collect recreation fees and sell recreation passes.

(b) WAIVER OR DISCOUNT OF FEES; SITE-SPECIFIC AGENCY PASS- In exchange for volunteer services, the Secretary concerned may waive or discount a recreation fee that would otherwise apply to the volunteer or issue to the volunteer a site-specific agency pass authorized under section 10(a).

© NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS- In accordance with the guidelines issued under section 9(f), the Secretaries may jointly issue a National Parks and Federal Recreational Lands Pass to a volunteer in exchange for significant volunteer services performed by the volunteer.

(d) REGIONAL MULTIENTITY PASSES- The Secretary concerned may issue a regional multientity pass authorized under section 10(b) to a volunteer in exchange for significant volunteer services performed by the volunteer, if the regional multientity pass agreement under which the regional multientity pass was established provides for the issuance of the pass to volunteers.

SEC. 13. SPECIAL ACCOUNTS AND DISTRIBUTION OF RECREATION FEES AND RECREATION PASS REVENUES.

(a) SPECIAL ACCOUNT- The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency.

(b) DEPOSITS- Subject to subsections ©, (d), and (e), revenues collected by each Federal land management agency under this Act shall--

(1) be deposited in its special account; and

(2) remain available for expenditure, without further appropriation, until expended.

(1) LOCAL DISTRIBUTION OF FUNDS-

(A) RETENTION OF REVENUES- Not less than 80 percent of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land management agency shall remain available for expenditure, without further appropriation, until expended at that unit or area.

(B) REDUCTION- The Secretary concerned may reduce the percentage allocation otherwise applicable under subparagraph (A) to a unit or area of a Federal land management agency, but not below 60 percent, for a fiscal year if the Secretary concerned determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made under section 14 for that fiscal year.

(2) AGENCY-WIDE DISTRIBUTION OF FUNDS- The balance of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land management and not distributed in accordance with paragraph (1) shall remain available to that Federal land management agency for expenditure on an agency-wide basis, without further appropriation, until expended.

(d) DISTRIBUTION OF NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS REVENUES- Revenues collected from the sale of the National Parks and Federal Recreational Lands Pass shall be deposited in the special accounts established for the Federal land management agencies in accordance with the guidelines issued under section 9(f).

(e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS REVENUES- Revenues collected from the sale of a regional multientity pass authorized under section 10(b) shall be deposited in each participating Federal land management agency's special account in accordance with the terms of the multientity agreement for the regional multientity pass.

SEC. 14. EXPENDITURES FROM SPECIAL ACCOUNTS.

(a) TRANSFER AND USE OF FUNDS- On request of the Secretary concerned, the Secretary of the Treasury shall transfer to the Secretary concerned from the special account for a Federal land management agency such amounts as the Secretary concerned considers necessary and appropriate. The Secretary concerned shall accept and use the transferred amounts in accordance with this section.

(b) USE OF FEES AT SPECIFIC UNIT OR AREA-

(1) AUTHORIZED USES- Amounts available under section 13©(1) for expenditure at a specific unit or area of a Federal land management agency may be used for the following purposes:

(A) Backlogged repair and maintenance projects, including projects relating to health and safety, and other maintenance.

(B) Interpretation and signage.

(D) Resource preservation.

(E) Law enforcement related to public use.

(F) Bonding of volunteers.

(G) Direct operating or capital costs associated with the imposition and collection of recreation fees and the issuance of recreation passes.

(2) SEPARATE ACCOUNTING- Amounts available under section 13©(1) for expenditure at a specific unit or area of a Federal land management agency shall be accounted for separately from amounts available under section 13©(2).

© USE OF FEES AGENCY-WIDE- Amounts available under section 13©(2) to a Federal land management agency for expenditure agency-wide may be used for the purposes described in subsection (b)(1) at units or areas selected by the Federal land management agency.

(d) USE OF FEES FOR RECREATION PASS PROGRAMS-

(1) ADMINISTRATION AND MARKETING COSTS- Not more than 15 percent of the revenues collected from the sale of a recreation pass may be used to fund administration and marketing costs associated with that recreation pass.

(2) TRANSITIONAL EXCEPTION- Notwithstanding any other provisions of this Act, the Secretary concerned may use amounts available in the special account of a Federal land management agency to supplement administration and marketing costs associated with--

(A) the National Parks and Federal Recreational Lands Pass during the five-year period beginning on the date the joint guidelines are issued under section 9(f); and

(B) a regional multientity pass authorized under section 10(b) during the five-year period beginning on the date the regional multientity pass agreement for that recreation pass takes effect.

SEC. 15. ENFORCEMENT AND PROTECTION OF RECEIPTS.

(a) ENFORCEMENT AUTHORITY- The Secretary concerned shall enforce payment of the fees authorized by this Act.

(b) EVIDENCE OF NONPAYMENT- If the display of proof of payment of a recreation fee, or the payment of a recreation fee within a certain time period is required, failure to display such proof as required or to pay the recreation fee within the time period specified shall be considered prima facia evidence of nonpayment.

© JOINT LIABILITY- The registered owner and any occupant of a vehicle charged with a nonpayment violation involving the vehicle shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without the registered owner's express or implied permission.

(d) PENALTIES- Failure to pay a required recreation fee shall be punishable as a Class B misdemeanor.

(e) THEFT OF FEES-

(1) IN GENERAL- It is unlawful to break into forcibly, to attempt to break into forcibly, or to tamper with any device used to collect or store recreation fees, or any structure used in whole or in part to collect or store fees, with intent to commit larceny.

(2) PENALTIES- Any violation under paragraph (1) involving a loss to the United States of less than $1,000 shall be punishable as a Class B misdemeanor. Any violation under paragraph (1) involving a loss to the United States of $1,000 or more, but less than $5,000, shall be punishable as a Class A misdemeanor. Any violation under paragraph (1) involving a loss to the United States of $5,000 or more shall be punishable as a Class D felony.

SEC. 16. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.

(a) LAND AND WATER CONSERVATION FUND ACT- Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is repealed, except that the Secretary concerned may continue to issue Golden Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 9(a)(3) is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass.

(b) RECREATIONAL FEE DEMONSTRATION PROGRAM- Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101© of Public Law 104-134; 16 U.S.C. 460l-6a), is repealed.

(d) NATIONAL PARK PASSPORT, GOLDEN EAGLE PASSPORT, GOLDEN AGE PASSPORT, AND GOLDEN ACCESS PASSPORT- Effective on the date the notice required by section 9(a)(3) is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are repealed:

(1) Section 502 of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 16 U.S.C. 5982).

(2) Title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995).

(e) EFFECT ON EXISTING PASSPORTS AND PERMITS-

(1) EXISTING PASSPORTS- A passport issued under section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) or title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995) that was valid on the day before the publication of the Federal Register notice required under section 9(a)(3) shall be valid in accordance with the terms agreed to at the time of issuance of the passport, to the extent practicable, and remain in effect until expired, lost, or stolen.

(2) PERMITS- A permit issued under section 4 of the Land and Water Conservation Fund Act of 1965 that was valid on the day before the date of the enactment of this Act shall be valid and remain in effect until expired, revoked, or suspended.

(f) TREATMENT OF UNOBLIGATED FUNDS-

(1) LAND AND WATER CONSERVATION FUND SPECIAL ACCOUNTS- Amounts in the special accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)) for Federal land management agencies that are unobligated on the date of the enactment of this Act shall be transferred to the appropriate special account established under section 13 and shall be available to the Secretary concerned in accordance with this Act. A special account established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not affected by the repeal of section 4 of the Land and Water Conservation Fund Act of 1965 by subsection (a).

(2) NATIONAL PARKS PASSPORT- Any funds collected under title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995) that are unobligated on the day before the publication of the Federal Register notice required under section 9(a)(3) shall be transferred to the special account of the National Park Service for use in accordance with this Act. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, marketing, or close-out costs associated with the national parks passport.

(3) RECREATIONAL FEE DEMONSTRATION PROGRAM- Any funds collected in accordance with section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101© of Public Law 104-134; 16 U.S.C. 460l-6a), that are unobligated on the day before the date of the enactment of this Act shall be transferred to the appropriate special account and shall be available to the Secretary concerned in accordance with this Act.

(4) ADMISSION PERMITS FOR REFUGE UNITS- Any funds collected in accordance with section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) that are available as provided in subsection ©(A) of such section and are unobligated on the day before the date of the enactment of this Act shall be transferred to the special account of the United States Fish and Wildlife Service for use in accordance with this Act.

(g) EFFECT OF REGULATIONS- A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this Act until the Secretary concerned issues a regulation, guideline, or policy under this Act that supersedes the earlier regulation.

SEC. 17. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

(a) FEDERAL AND STATE LAWS UNAFFECTED- Nothing in this Act shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation, affect any rights or authority of the States with respect to fish and wildlife, or repeal or modify any provision of law that permits States or political subdivisions of States to share in the revenues from Federal lands or, except as provided in section 16, any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that provision of law.

(b) RELATION TO REVENUE ALLOCATION LAWS- Amounts collected under this Act may not be taken into account for the purposes of any of the following laws:

(1) The sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (16 U.S.C. 500).

(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly known as the Weeks Act).

(3) The fourteenth paragraph under the heading `FOREST SERVICE' in the Act of March 4, 1913 (16 U.S.C. 501).

(4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012).

(5) Title II of the Act of August 8, 1937, and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.).

(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).

(7) Chapter 69 of title 31, United States Code.

(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s; commonly known as the Refuge Revenue Sharing Act).

(9) The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note).

(10) Section 2 of the Boulder Canyon Project Adjustment Act (43 U.S.C. 618a).

(11) The Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.).

(12) The first section of the Act of June 17, 1902, as amended or supplemented (43 U.S.C. 391).

(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly known as the Mineral Leasing Act).

(14) Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 note).

(15) Section 5(a) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047).

(16) Any other provision of law relating to revenue allocation.

(d) SOLE RECREATION FEE AUTHORITY- Recreation fees charged under this Act shall be in lieu of fees charged for the same purposes under any other provision of law.

(e) FEES CHARGED BY THIRD PARTIES- Notwithstanding any other provision of this Act, a third party may charge a fee for providing a good or service to a visitor of a unit or area of the Federal land management agencies in accordance with any other applicable law or regulation.

(f) MIGRATORY BIRD HUNTING STAMP ACT- Revenues from the stamp established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.; commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp Act ), shall not be covered by this Act.

slothrop · December 1, 2004

The sponsor of the Senate bill (Jeff Bingaman, D-NM) has this to say:

http://energy.senate.gov/news/dem_release.cfm?id=183861

Uncle_Tricky · December 2, 2004

Here is the article I did. Hopefully it clearly summarizes some of this stuff....

Rider on House bill could make recreation fees permanent

New 10-year public lands access fee program includes high fines and possible jail time for violators

Methow Valley News, Dec. 1, 2004

Feel like taking the kids out for a hike? Starting in 2005, you’d better have your new "America the Beautiful National Parks and Federal Recreation Lands Pass," or a day strolling the public lands surrounding the Methow Valley could cost you $5,000 and six months in jail.

Buried in the 3,000-page appropriations bill currently being considered by Congress is a new version of the National Recreation Fee Demonstration Program, which established the fee commonly called "the Forest Pass" in 1996. While the new fee program has not yet become law, passage of the measure appears likely. The bill is attached to the $388 billion appropriations measure that provides funding for much of the U.S. government.

The new bill, which would replace Fee Demonstration Program, is called the Federal Lands Recreation Enhancement Act. It would dramatically increase the penalties for non-compliance, extend the fee program for 10 years, and expand the program to include federal lands managed by the Bureau of Reclamation as well as the Forest Service, National Park Service, Bureau of Land Management, and U.S. Fish and Wildlife Service.

Passage of the appropriations bill–which includes the new fee program–was delayed after the discovery of a controversial clause that would have allowed members of Congress to peruse individual tax returns. The Senate has already approved a new version of the spending bill, which drops the unpopular tax clause, but retains the language establishing the new federal lands fee program. The House is scheduled to vote on it Dec. 6.

The new Federal Lands Recreation Enhancement Act could have significant implications for local recreationalists. Currently there are at least 25 trailheads in the Methow Valley Ranger District where a pass is required, according to district ranger John Newcom.

"In the past, we’ve written quite a few warnings, but not too many citations," said Newcom. "In the future, the balance between warnings and tickets will probably start shifting towards tickets."

If the new fee program passes next week, those found parking at trailheads without an "America the Beautiful" pass could face criminal penalties including six months in jail and a $5,000 fine. Presently, the standard fine for not displaying a forest pass is $50.

"We are well aware the current fee program is not very popular with everyone," said Newcom. "We hope that people understand that the money to support our recreation facilities has to come from some place."

Rep. Ralph Regula, a Republican congressman from Ohio, instituted the first Fee Demonstration Program back in 1996. Since his proposal for the new permanent fee program was introduced in 2003, it has languished, drawing only seven co-sponsors–all from east of Colorado. Regula’s district has no public lands that would be affected by the new fee program.

Recently he added the new fee program to the huge government appropriations package. Legislators frequently attach unpopular "riders" to big appropriations bills. The Federal Lands Recreation Enhancement Act has never been debated by the Senate or had a public hearing.

"Fee Demo is even more intensely unpopular now than it was when it was originally implemented," noted a press release by the Western Slope No-Fee Coalition, based in Colorado. "This bill would be unlikely to pass on its own merits. To tack it on as an appropriations rider is an abuse of legislative power."

Strongest support for the bill has come from the American Recreation Coalition (ARC), a group that includes executives from corporations such as Disney, Kampgrounds of America and various RV and boat manufacturers.

"Fees will remain only one part of caring for our legacy of public lands," said ARC president Derrick Crandall. "The fees authorized under this measure will not block access to public lands by anyone, regardless of their financial situation."

According to Crandall, the new fee program "is a good framework for improved recreation experiences on America’s public lands."

Isabelle Spohn of Twisp disagrees. She, along with partner Richard Tinglestad, founded "Free The Forests," a local group opposed to charging general access fees for undeveloped public lands.

"This hits rural areas really hard, especially those surrounded by public lands like the Methow Valley," said Spohn. "For many families, a day in the woods is the only kind of affordable entertainment around here."

According to Spohn, estimates for the cost of the new pass range from $85 to $100 a year.

"Currently there’s a lot of non-compliance with the forest fees," said Spohn. In reference to the stricter penalties contained in the new bill, she added "I think they feel they need a heavy hammer to keep people in line."

Spohn said that given enough public outcry, the House of Representatives could still remove the fee program from the appropriations bill before it goes to a vote Dec. 6 and becomes law.

Those unable or unwilling to buy an "America the Beautiful National Parks and Federal Recreation Lands Pass," could still freely utilize posted public lands one day per year. Language in the bill allows land managers designate an official "Fee Free Day."

For more information:

•www.wildwilderness.org,

•www.fs.fed.us/recreation/programs/feedemo/

•www.theorator.com/bills108/hr3283.html

To_The_Top · December 3, 2004

HERES WHAT YOU CAN DO:

THIS WEEK, before December 3rd, contact the key congressional leaders listed below, by phone or fax. Also call or fax your own Representative and both of your Senators. A massive outpouring of opposition, not only to the bill itself but to its method of passage, WILL have a major impact!

SAMPLE LETTER OR PHONE CALL:

Please remove HR 3283 as a rider on the omnibus spending bill. Substantive legislation, especially with criminal penalties involved, should go through a full legislative procedure of public hearings and debate. I am outraged at this abuse of the appropriations process. HR 3283 should not be passed without ever seeing the light of day.

(please vary the wording)

Feel free to mention any of the numerous other problems that the Fee Demo Program has created, such as the tens of thousands of dollars that have been spent on enforcement instead of maintenance, and projects like the Maroon Bells 1.6 million dollar toilet.

Here is who to contact:

Dennis Hastert, Speaker of the House

Phone: 202/225-2976

Fax: 202/225-0697

Tom Delay, House Majority Leader

Phone: 202/225-5951

Fax: 202/225-5241

Rep. Ralph Regula

Phone: 202/225-3876

Fax: 202/225-3059

Bill Young, Chair, House Appropriation Committee

Phone: 202/225-5961

Fax: 202/225-9764

Bill Frist, Senate Majority Leader

Phone: 202/224-3344

Fax: 202/228-1264

Ted Stevens, Chair, Senate Appropriations Committee

Phone: 202/224-3004

Fax: 202/224-2354

Call if you get a chance

No forest pass? $5,000 fine and 6 months in jail!

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