Federal Lands Recreational Enhancement Act

I wish to express my concern over public land user fees commonly referred to as RAT (Recreational Access Tax), pursuant to Public Law 104-134 and it's progeny, the Federal Lands Recreation Enhancement Act.

I moved to Murray County, Ga. to enjoy the outdoors and the hiking, camping, and climbing that this beautiful state offers. To me, being able to get away from the world of cars, buildings, roads and signs of human
activity to go to this Wilderness, to walk in the outdoors, climb a mountain, sit by a pond is a spiritual experience, a return to my roots, a revival of the relationship between myself and nature. But these values, and my activities have been severely crimped by the grim imposition of hiking and parking fees. Although it is not impossible for me to pay them on my current income, these fees are so morally repellent that I find myself avoiding going to areas that I once loved.

What is the injustice? First, it is unjust that a family which cannot
afford its own vacation hideaway should now have to pay simply to
spend time in the woods. I remember my younger, lean years living at
poverty-level wages. Every free day saw me hiking, fishing, hunting or just camping. Had trail fees been in force in those days, I would've been priced out of my only activity.

This law directs the Forest Service and the Bureau of Land Management to: "encourage private investment and partnerships to enhance the delivery of quality customer services and resource enhancement, and provide appropriate recognition to such partners or investors." But the bill was passed without hearings as to whether the public wanted its forests "enhanced." As a U.S. citizen, I am an owner and stakeholder in these national forests and resent the attempt to transform me into a customer of a service. Nothing ruins my sense of freedom in the wilds more than having to pay to hike, climb, kayak or camp in a national forest. The wilderness values I and many other Americans hold dear are ruined by commercial concessions and facilities for the motorized vehicles whose manufacturers sponsor "partnerships." For those who want such "enhancements," there are numerous private facilities.

The Forest Service makes several spurious claims. The
first is that the number of users who pay fees indicates public
support. Instead, many of these payers do so rather than risk an
threatening encounter with an armed ranger. The Forest Service does
not count those who complain or protest. Neither does it count those
who simply avoid hiking because they cannot pay or are otherwise
offended by these fees.

The claim that the fee is a small one, very limited and won't
stop Americans from free access to the federal lands is akin to the
claim that the Iraq war will be over quickly, it's costs will be
nominal, we were defending ourself from WMD's, the drug prescription
plan will only be 400 billion,... you get the idea!

A second claim, that "all users should pay," is also a spurious one.
There is a tremendous difference in charging corporations who profit
from high-impact extraction of resources from public lands and
ordinary citizens who hike privately and engage in other low-impact
activities. Furthermore, extractive industries are charged fees far
below market value. The price paid for many timber sales does not pay
the Forest Service's full cost of administration, roadbuilding, and
other expenses. The anachronistic and exploitive 1873 Mining Law
permits mining companies, some of them foreign, to scar the landscape,
extract minerals without royalties and even buy patented land for
pennies on the dollar. Under the hiking fee scheme, ordinary citizens
engaged in low-impact hiking and camping are being forced to subsidize
corporate resource extraction.

Third, legislative requirements and the Forest Services claims that at
least 80% of the money will be used for direct trail and maintenance for the upkeep of facilities and the protection of the forest, are bogus. Both the General Accounting Office audit of 1998-1999 and the Department of the Interior report of 2001 show that the actual percentage was only 34% and 27%, respectively, far below the advertised 80%. These numbers support the claim made above that hikers are being forced to subsidize activities other than hiking.

I am thankful that I got to enjoy wilderness in the 60's and 70s when you just drove to your favorite trailhead, signed the trailhead register, and started hiking with no bureaucratic interference of any kind. Those were the good old days. I still go to wilderness areas, but the permits and parking fees, mountain fees, reservations required in some areas, and all the other bureaucratic wastes of my time and taxpayer dollars tick me off and they degrade the overall experience. I have seen no improvement of any kind to my wilderness experience due to the fees and permit requirements. But I'm sure a lot of bureaucrats are happy to collect a fat paycheck for collecting the fees and issuing tickets because someone took a hike on land they already owned without a permit.

With the proliferation of "No Trespassing" signs, there are not many
areas left where we can roam free. Hiking fees sell our national
commons, our freedom and birthright. I resent the attempts to take it
away. I resent being forced to pay the fees. I resent the secretive
way in which fees were established. I resent the way appropriations
were cut to make the Forest Service dependent on hiker fees. I resent
being charged with a misdemeanor if I do not pay. I resent the exploitation and commercialization of our wild heritage.

Public lands were established so that all Americans could enjoy them.
Part of our income tax (proportional to income) was meant for their
maintenance budget. Now there are fees that are not proportional to
income. Here is my example. I buy a Sportsman License to be able to hunt and fish. That's $60.00, just to be able to hunt and fish. But, I still can't go, yet, because to park, I have to have a Cherokee Forest Pass. That's $30.00. But if I want to go to Carters Lake, I have to pay again, because the Cherokee Pass is not good there. I will cost me $4.00-$7.00 in 'user fees' each time I go. That's not counting what I pay for equipment, taxes and above all, $2.75+ per gallon for gasoline to get there. Last year, I had to spend over $300.00 just to engage in outdoor activities locally. And that's just for me. If the kids were still at home, I couldn't afford to do anything at all! This is discrimatory towards low-income people.

A low-income family of four would have to pay to take a hike,
have a picnic, or even park. Such recreation is clearly prohibitively expensive for them. Should middle- and low-income taxpayers make up for the immense tax breaks for the rich that have contributed to a $400 billion federal deficit?

Deadbeats who don't pay up. Not only do they risk being cited for
non-compliance, they will be charged with a misdemeanor carrying a
fine of $5,000 and six months in jail. By comparison, damaging a
fragile wetland with an all-terrain vehicle results in a $75 fine. I have read the Bill through many times. The more I read, the more I question why a Bill of this nature has any business becoming law and imposing threats of serious criminal offense on Every Citizen of Our Great Country. The very idea of imposing a Class B Misdemeanor which carries a $5,000 fine, up to six months in prison, and possible probation is a slap in the face of Our Democracy. To add further insult to injury, a Class A Misdemeanor with a $100,000 fine, up to a year in prison, and up to five years of probation was included. Plus, according to the United States Code, a group or organization would face double the fines for not purchasing the proper pass or permits. Why overload our Federal Court system with noncompliance violations? Penalties as listed above, make not having a permit or pass a greater crime than which people who operate a vehicle under the influence or users of illegal drugs have to face. Plus the Class B and Class A Misdemeanor would make it very difficult for some people to be hired for certain jobs, thereby forever damaging their employability record.

For the benefit of every citizen in the United States of America, I
call upon you to Honor the Ideals set forth by our Forefathers to
maintain open lands for the enjoyment of us all in continually
supporting Life, Liberty and the Pursuit of Happiness. Wrte, call and e-mail your elected officials and tell them to restore
funding to our Federal Lands Agencies, Stop the RAT now.

Semper Fi!

Gig they started charging at select places here in Oregon several years ago. You can't even go to the beach here in a couple places with out paying their user fee. It's a dirty shame. And they seem to only want the fees at the popular places.

Rocky

Gigmaster - Your article is one of the best written pieces I have ever read to voice your concerns and opinion on such an important issue for all Americans. I have cut and pasted to forward to my daughter who is running for State Represenative this coming fall in Michigan. She just won the Republican primary this week and campainging starts all over again until the Novemberr elections. Our family, like yours has always enjoyed the outdoors and rhe recreation associated with it. Be it fishing, hunting or like you said, sitting by a pond and reflecting on the moment and time. In my opinion, we have to start at the grass roots level and protect what hold dear and near and not let our government pick our pockets for what our forfathers origionally intented to be our self right. Thank you again, Jonezee :!:

Thanks for your support on this important issue. Anyone is welcome to copy and use my letter in any way they want, in as many places as they want. Feel free to use it in any way you see fit.

Semper Fi!

They've had parking fees at trail heads here in the White Mountains of New Hampshere for a number of years.
At first I was happy to "help out" and it was only a few bucks.
But the more I thought about it, the less happy I was to pay to park in the woods.
Last year, on a monday morning, as I was preparing for a hike, I watch a man in uniform clearing out the "iron ranger".
There was a mail bag full of envelopes. No one all weekend had checked to see who had paid and who hadn't.

I no longer pay the fee.

Wonderfully written, well said and by me, well supported. Thank you.

Gigmaster,

You pretty much hit the nail on the head. As a Park Manager for a Federal Agency (who will remain nameless), with responsibility for recreation management I can tell you most of us were opposed to the concept of "user fees" when they were proposed in 1992. We were "persuaded" (read as forced) to implement the program over everyone?s objections in 1993. The promise was we would see the funds generated at our locations returned for use for directed improvements for our customers based on the total funds collected in each fiscal year. What a joke that turned out to be. Since the inception of user fees we have not only born the cost of collection (remember, nothing is free) but are budgets are offset for every dollar we collect. ALL of the "user fees" my agencies collects go to the Treasury. Once in the last 13 years they sent back $3,000 that we were directed to use for recreational improvements.

While I think some things we are asked to do by members of the public warrant a fee, i.e. special water releases for white water events, triathlons where the sponsor is charging and entry fee and a select few other things, taking money from the public to use the beach or launch a boat is just a cleverly disguised tax.

Ya'll keep complaining, right your congressman, let folks know what you think. I don?t think we'll see the clock roll back on this but rest assured there are folks within the agencies who are on your side.

Gigmaster, I totally agree with many of your points. But not all of them. I have a different perspective since I'm surrounded by national forest.

I've lived year round in a remote area, off the power grid, completely surrounded by national forest, for 15 years, and also grew up here on the weekends. So I've been watching the area get more and more crowded with visitors from town (mostly on weekends) for 27 years now.

We watch blatent violations of many laws every weekend by tourists, and we have to yell ourselves hoarse to the USFS to get anyone up here to enforce them. The tourists are cutting new roads in the forest, yanking out USFS gates with jeeps, shooting across roads and towards houses, building bonfires during a serious drought and a fire ban, riding at 60 mph on the county roads without license plates, and on the USFS roads without OHV tags. Leaving their bags of garbage on the roadside for the bears, assuming the 'garbage man' will come and pick them up. And starting wildfires with their illegal campfires. (note that I don't mention fishing violations -- they are rare).

The armed USFS rangers are, basically, overwhelmed. They want to protect the forest, but there are not enough of them to cover the entire Roosevelt-Arapahoe Natl forest every weekend. We have a big ranger station 1/2 mile from here -- it's been unmanned for years now. They used to have someone there year round, then it dropped to summer only, then it dropped to volunteers manning it only in summer. Now it's deserted.

The USFS budget has been slashed. Morale is very low at the USFS. They want us to pay these use fees to make up for their lack of funding. If that's the only way we can get the the USFS to protect the forest (and therefore the private land around it) I guess I'll pay. But wouldn't it be better to convince congress and the administration to fund the USFS to a reasonable level? I think we are getting scammed here. They slash the USFS budget, tell us how much money they saved, and ask us to make up for it.

Grrr. End of rant!
DAN

Hi danbob.

I also live in the National Forest. I have seen more atrocities commited since they began charging than before. I think it is because people feel they have payed for the priveldge of littering, and tearing up the environment. The FS budget was cut SPECIFICALLY so they could pass the RAT Tax. They dock the FS budget according to what they bring in so they can keep the tax. It's a vicious Mobius Loop.

Semper Fi!