The following report was prepared by Alasdair Coyne of Keep the Sespe Wild.
Before these hearings, the position of subcommittee chair Senator Larry Craig (R-ID) wasn't clear. Some of his statements had critiqued Fee Demo, others seemed somewhat supportive.
The hearings on 4.21.04 put this uncertainty to rest. Senator Craig's opening statements surprised those in attendance by saying that there would be a "hearing user fee" to testify. "For those of you that received water and name tags, there will be an enhanced amenity fee charged," adding that, in keeping with the spirit of Fee Demo, at least 80 percent of the fees would be kept in the committee for maintenance and enhancements to the hearing room.
Senator Craig continued, "Most importantly, I want all to know that I will not support a basic entrance fee to any National Forest, BLM District, US Fish & Wildlife and Bureau of Reclamation lands, whether or not it is called an entrance fee or basic fee or any other name. I believe it simply has to be called a users' general tax."
The Administration's representatives testifying at the hearing were not happy to hear this. Neither was Derrick Crandall, President of the American Recreation Coalition, which claims credit for the creation of Fee Demo in 1996.
The subcommittee's vice-chair, Senator Conrad Burns (R-MT) echoed the chair's sentiments in his opening statements, saying he didn't like paying twice, although campground fees are ok. Senator Gordon Smith (R-OR) made similar remarks.
Testifying for the Forest Service was Mark Rey, Asst. Secretary of Agriculture, who described the Forest Service's Blueprint for Recreation Fees, published in early 2004. Those Fee Demo sites not consistent with the Blueprint's criteria are being changed.
One of two witnesses testifying in support of Fee Demo was Susan Bray, Executive Director of the Good Sam Club, based in Ventura, CA. The Good Sam Club is an RV users organization and a member of the American Recreation Coalition (which created Fee Demo). Susan Bray spoke for both organizations, though she neglected to describe the strong opposition to Fee Demo in Ventura County (where KSWC is also based), including a resolution by the County Supervisors and an editorial in the County Star, both opposing forest fees.
The two invited witnesses opposing Fee Demo presented the most dynamic testimony. First up was Bob Raney, Executive Director of the Montana State Parks Foundation. Montana appears to be a microcosm of the nationwide Fee Demo Program - and it has taken steps to end it. In 1989, Montana's Dept. of Parks initiated fees; over the next 13 years no new parks were added, yet employee numbers rose dramatically and new visitor centers, amphitheaters, roads, etc were added. Fees grew from $2 to $5 but basic maintenance, such as toilets and invasive weeds, deteriorated. The Dept. of Parks threatened to close areas and perform even less maintenance unless the legislature provided still more funding.
In 1993, the Montana legislature passed a bill to require that the least developed parks - a third of the total - be left that way, and be made free from fees (since taxes provided adequate funds for their basic needs). The Dept. of Parks continued to develop their other areas, using federal funds that may not readily be used for maintenance. In 1999, the legislature passed the Good Neighbor Act, prioritizing maintenance over development, and preventing the agency from defining maintenance in a way which had allowed them previously to defy the legislature's rulings.
In 2004, the legislature took a serious step to end the Dept. of Park's empire building agenda, by ending access fees and creating a voluntary parks donation with vehicle registration. One example of the empire building - at Montana's flagship Lewis & Clark Caverns Park, the agency wanted to spend $800,000 to construct a new visitor center, rather than $90,000 to upgrade the present one. The agency claimed that public comments supported the new building. When the visitor surveys were analyzed by the Montana State Parks Foundation (Bob Raney's group), they found that 58% were satisfied with the building, 40% had no opinion and under 3 % were "dissatisfied." The entire plan was based on fictional "needs" of the public! In fact, the single improvement sought by most survey respondents was for more trees in the campground.
Montana's solution is to allow park development only after public review. Development also requires approval from the legislature's appropriators, who prioritize between development and maintenance. Development with fee dollars is prohibited.
The second witness testifying against Fee Demo was Ed Phillips of Big Bear, CA, representing Americans for Forest Access, a conservative user group. His brief testimony described Fee Demo as driving a wedge between the agencies and the public. "Fee Demo was dumped on the public like a can of worms." The costs of collection are next to impossible to track - but administration and collection costs can be as high as 50% of revenues.
Abuses of the program include an 80-year old disabled grandmother forced to pay $5 to use a handicapped Forest Service restroom. The worst abuse perhaps was suffered by Brian Boyd, a 19-year old tackled by BLM rangers in the Imperial Sand Dunes, resulting in $70,000 medical costs for spinal cord injuries and a pending $5.6 million lawsuit against the BLM. Over a day-use recreation pass! [As an editorial aside, witnesses say Brian Boyd offered no resistance.]
Questions at the Senate Hearings
Senator Craig asked Asst. Secretary of Agriculture Mark Rey why fees were needed. While fee revenue grew from zero to $38 million a year between 1996 and 2002, Forest Service recreation budgets rose by around $125 million over the same period (from around $265 million to $390 million). Mark Rey responded that half of that increase was equivalent to 3% inflation and the other half was needed for older facilities needing repair.
[Our question is why, with this healthy recreation budget increase, as well as fee revenues, the Forest Service still can't clean toilets or clear trails?]
Senator Craig asked the Dept. of Interior's Lynn Scarlett why they seek permanent BLM and US Fish & Wildlife Service fees, when these only bring in a handful of millions of dollars a year. She answered, because so few of these two agencies' sites currently charge fees.
Senator Bingaman (D-NM, the Senate Energy & Natural Resources Committee's minority chair) asked why the numbers on the sheets the agencies had handed him didn't tally. Fee Demo receipts for New Mexico were double the expenditures listed. Mark Rey responded that only 3 expenditure categories had been given - and that fee collection, planning and administration costs hadn't been included.
Senator Burns (R-MT) had a similarly incomplete tally provided to him for his state - showing $10 million raised (by all four agencies' Fee Demo) but only $2 million spent. Mark Rey's answer was similar to his response to Sen. Bingaman, though he mentioned that law enforcement costs had also been omitted.
[It is astonishing that the agencies should provide Senators with Fee Demo tallies that intentionally omitted law enforcement, administration, collection and planning expenses. Did they really imagine that the subcommittee's Senators wouldn't bother to do some simple mental arithmetic and ask about the discrepancies? Does this mean that in New Mexico 50% of Fee Demo expenses are overhead - and 80% in Montana?]
Senator Lamar Alexander (R-TN) spoke about what he considers the success of Fee Demo in the Cherokee National Forest. He asked what steps the Forest Service could take to ensure Fee Demo works in (western states) so the program wouldn't be jeopardized in Tennessee. Mark Rey responded with the startling confession that with Forest Service Fee Demo "the half-life of screw ups is very long."
Senator Craig stated that the BLM and US Fish & Wildlife Service are not going to start managing their lands as if they were National Parks. In Idaho, people aren't happy with the slogan "If we build it, they'll pay." The hearing concluded in just under two hours.
Scott Silver, Executive Director,
Wild Wilderness
248 NW Wilmington Avenue, Bend OR 97701
Phone (541) 385-5261 E-mail: ssilver@wildwilderness.org