RE: [RC] Trail fees illegal? - Jim HollandFirst, the Federal Lands Recreation Enhancement Act, (FLREA) (HR 3283) was a piece of "pork" put out by Ralph Regula(R-OH), aided and abetted by Senator Ted Stevens of Alaska in exchange for a remote back country road. It was attached to the 2004 Omnibus Spending Bill, which guaranteed its passage, and went into effect in 2005. It was poorly written and there was no input or vote from congress or any other organization. Regula is the same guy who was the original architect of the "Fee Demo" program, the predecessor to FLREA, which was opposed by just about every organized recreational group as well as four state legislatures and dozens of counties. BCHA has published several articles and editorials on these programs. If you have the BCHA National newsletters in Volume 16 - January, 2005 there is an editorial by Steve Didier and an article by Robert Funkhouser on FEE DEMO and FLREA. Unfortunately, the newsletter is not published online. Join BCHA and they will keep you informed on what's going on with bills like these. :) (You don't have to have a local chapter to join) http://www.westernslopenofee.org/NoFee/WSNFC_Survey_Report.pdf You really need to read the report above if you want to see the results of FLREA and its "interpretation" by the FS, which is what the Federal Court ruled on. (Interesting that "Land Between the Lakes" is on of the public lands impacted by this decision) The IMPORTANT thing to know is that there is nothing in FLREA that specifies how the fees will be spent, and that a large part of the funds are used for enforcement. (And probably for all those gates, signs, and other stuff to facilitate collecting the fees) The rest disappears into the general administrative fund. In other words, the fees are a tax on the use of public lands that doesn't directly benefit the users of those lands by improving facilities and access. FYI, congress allocates funds every year for trails, but only about 10% is actually used to improve, maintain, and built trails. Since congress did not specifically specify their use for that, only "lip service" is given to their use for their intended purpose and the rest also goes to the general administrative fund. Just as I give back to public lands and trails with the sweat of my brow, my dollars, and my support, I would have no problem with a fee program, IF THE BILL SPECIFICALLY STATED THAT THOSE FUNDS WOULD BE USED TO IMPROVE THE PUBLIC LAND FACILITIES WHERE THEY WERE COLLECTED. IMHO, this ruling is a good thing and FLREA should be repealed and a bill written with input from those individuals and organizations who actually use and care about our public lands. The only thing worse than a tax is a tax that does not benefit the segment of the population being taxed. Jim, Sun of Dimanche+, and Mahada Magic Richard T. "Jim" Holland Three Creeks Farm 175 Hells Hollow Drive Blue Ridge, Ga 30513 (706) 258-2830 www.threecreeksarabians.com Callsign KI4BEN -----Original Message----- From: ridecamp-owner@xxxxxxxxxxxxxxxxx [mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx] On Behalf Of rides2far@xxxxxxxx Sent: Thursday, September 14, 2006 7:32 AM To: ridecamp@xxxxxxxxxxxxx Subject: [RC] Trail fees illegal? Interesting ruling just got forwarded by Back Country Horseman. Don't know if this is good or bad. Didn't we want them to be able to collect fees to help offset costs? Angie Subject : SABCH FEDERAL COURT FINDS ARIZONA FOREST SERVICE FEE PROGRAM IS ILLEGAL =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ridecamp is a service of Endurance Net, http://www.endurance.net. Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp Ride Long and Ride Safe!! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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