| WESTERN SLOPE NO-FEE COALITION |
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THE FEE-FREE PRESS
DEAR PUBLIC LANDS SUPPORTER
Kitty Benzar ,
A bill introduced in the House in January would authorize the Federal land management agencies to require permits, and charge fees for them, for all access to "special areas." That term would mean whatever the agency managers wanted it to mean. They could, if they so chose, declare all federal public lands to be "special areas."
Please take a moment NOW to contact your federal elected officials and tell them you oppose the bill unless that clause is eliminated from it.
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HOUSE BILL WOULD AUTHORIZE ACCESS FEES FOR ALL FEDERAL LANDS
Permit fees for "special areas" opens the door to requiring fees for anyone to do anything, anywhere on federal public lands.
A bill introduced as a revision to the way permits for guides and outfitters are administered contains a few tricky words that would create a booby trap for the public because they could be used to charge fees for all access to our federal public lands.
The bill is HR289, the Guides and Outfitters Act, or GO Act. The bulk of the bill would affect those holding permits to provide commercial guiding services or conducting organized or competitive events. The WSNFC takes no position on those parts of the bill.
But that's not all that's in it!
There are a few words in Section 2 that would be a giant step backward toward charging fees to the general public -
"For specialized
individual and group use of Federal facilities and Federal recreational lands and waters,
such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events."
The underlined words would take us right back to the bad old days of Fee Demo. Under that unlimited authority, the agencies could and did, on several National Forests and thousands of acres of undeveloped BLM-managed lands, charge a fee for anyone to do anything, anywhere. The public responded then with outrage, which is why the
current fee law that replaced Fee Demo contains significant restrictions on what fees can be charged. Congress imposed those restrictions in direct response to public outcry against Fee Demo. This proposed language would be an end-run around them.
The only criteria for a Special Recreation Permit Fee would be that you are visiting a "special area." Neither "special" nor "area" is defined. The land agencies would have complete discretion to designate any place at all as a "special area." For example, an entire National Forest could be declared to be a "special area." There would be nothing to stop that. And since the agencies would get to keep all the fee money directly, there would be not be anywhere that they wouldn't have a strong incentive to charge a fee.
Another worrisome aspect is the bill's use of the phrase
"such as but not limited to"
Those six words open the trap door even wider, since the agencies could add absolutely anything to the list of examples in the bill. Remember that failure to pay a federal recreation fee is a
federal misdemeanor, with penalties that can go as high as a $100,000 fine and/or a year of incarceration. No law that carries criminal penalties should ever contain a phrase like
"such as but not limited to" - it's an open invitation to agency abuse. There would be nothing to stop them from administratively adding things that require fees to the list of examples in the bill, transforming law-abiding citizens into criminals if they don't pay those fees.
TAKE ACTION!
It's essential that members of the House and Senate hear from their constituents before this bill goes any further toward being enacted. The part of Section 2 that treats general access by individuals and families as a "specialized use"
must be removed.
Here's how to weigh in.
Find your elected officials (two Senators and one Representative) at the websites of the
Senate (select your state) and
House (enter your zip code). Click on each one's constituent contact form. Use the form to write each of them a short polite note telling them that you oppose the language in
HR289 that authorizes fees for all access by the general public to federal lands.
Here is some suggested language you might use. Please modify and personalize this with your specific concerns so that your message won't be dismissed as a form letter.
I oppose the language in Section 2 of HR289 that says fees can be charged
"For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas"
Allowing fees to be charged to the general public for all access to "special areas" lets the land management agencies define for themselves what that means, which could include charging for access to entire national forests and huge tracts of undeveloped federal lands. In that same section, the phrase "such as but not limited to" is too vague and ambiguous for any criminal statute and must be removed. Only Congress should define exactly where and for what activities a Special Recreation Permit can be required.
The language in Section 2 of HR289 would allow the land management agencies to impose fees on the general public to do anything, anywhere on federal lands. I could be subject to penalties of up to $100,000 fine and/or 1 year of incarceration just for going for a hike or horseback ride through federal lands. Please don't let that happen. Thank you.
Early, vigorous opposition has the best chance of getting this odious language eliminated from the bill. So please take a moment NOW to let your elected officials know that this is an important issue to you!
Thanks for coming to the defense of your public lands!
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The Western Slope No-Fee Coalition is a broad-based organization consisting of diverse interests including hiking, biking, boating, equestrian and motorized enthusiasts, community groups, local and state elected officials, conservatives and liberals, Republicans and Democrats, and just plain citizens.
Our goals are:
- To eliminate recreation fees for general access to public lands managed by the Forest Service and Bureau of Land Management
- To eliminate backcountry fees and interpretive program fees in National Parks
- To require more accountability within the land management agencies
- To encourage Congress to adequately fund our public lands
Thank you for your support!
Sincerely,
Kitty Benzar
Western Slope No Fee Coalition |
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