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Last week a federal judge, in effect, found the USFS guilty of breaking the law. The Forest Service had been charging forest visitors fees for parking, walking and picnicking --- and doing so in violation of clearly written prohibitions upon charging for precisely such things.
After being caught in so flagrant and act of disrespect of the people of this nation, the Forest Service might have shown a little humility. They might, for instance, have apologized to all of the forest visitors whom they defrauded and from whom they extracted a fee without having the authority to do so.
Unfortunately that's not what they are doing. The PR machine is spinning a mile a minute and articles such as the one which appears are already starting to fly off the printing presses and go out over the radio waves. The Forest Service is, so it does appear, threatening to get even with the public. They are threatening to close down facilities and shut people out of the forest altogether.
Something is wrong. Something is severely wrong.
Scott
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http://www.tucsoncitizen.com/daily/frontpage/26139.php
Published: 09.14.2006
Parking fee ruling could cost forest agency $700K
DAVID L. TEIBEL - Tucson Citizen
A couple of $30 tickets issued to a woman, who parked in the Mount
Lemmon area without paying a $5 entrance fee, could end up costing the
U.S. Forest Service hundreds of thousands of dollars.
Christine M. Wallace contested the tickets, one issued Sept. 10, 2005,
after she parked near a locked gate at the General Hitchcock campground
and picnic area and the other issued seven days later after she parked
in a dirt area near the Marshall Gulch trail head and went for a hike.
"I contested the tickets because I didn't think it was right to have to
pay a fee to park your car and go for a hike in the forest," Wallace
said Wednesday.
In ruling on the tickets given to Wallace, a Tucson area legal
secretary, U.S. Magistrate Judge Charles R. Pyle said the forest
service exceeded its legislated authority in declaring nearly the
entire area along the Mount Lemmon Highway was a high intensity
recreation area, or HIRA, and charging $5 for a daily admission pass to
the public land or $20 for a pass good for the year to go up the
mountain.
The forest service made some exceptions to the entrance fee, such as
for people parking at a scenic pullout, or for people going to homes or
businesses in Summerhaven, which is mostly private property.
In a 20-page ruling filed earlier this month, Pyle wrote that federal
law prohibited charging an entrance fee for such things as general
access, traveling without using forest service facilities or services,
camping at undeveloped areas or stopping at scenic pullouts or parking
in certain undeveloped areas.
"Applying the government's reasoning," Pyle wrote, "while the driver of
a car may legally park her car without paying a fee, with the possible
exception of amorous teenagers, the concept of parking one's car but
not getting out to enjoy the fresh air and take in in the beautiful
sights is just not a commonplace occurrence."
"Here, the citations issued to Wallace make clear that the violations
were for parking within the HIRA without a permit," the judge wrote.
"What the judge is saying is the forest service overreached" its authority, Wallace said.
Entrance fees also are charged at Sabino Canyon in the Santa Catalina
Mountains, Madera Canyon in the Santa Rita Mountains south of Tucson
and other areas in the United States.
Just what effect the judge's order dismissing the tickets will have is unclear.
Larry Raley, the forest service's district ranger for the Santa
Catalina Ranger District, said he does not know if the ruling will be
appealed.
In the meantime, Raley said the forest service will continue to collect
the entrance fees, which adds $700,000 a year to the forest service's
budget here.
The judge's ruling allows for fees for visits to specific areas, such
as those having paved parking, permanent toilet facilities, trash
facilities or interpretive signs or kiosks, Raley said.
Depending on how much the ruling costs the Coronado National Forest,
Raley said, the forest service here may have to close some facilities,
defer maintenance on others and rely more on community donations and
volunteers.
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- Land management 
