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Shenanigans, dirty politics and brutally applied abuse of raw power has, once again, trumped the Democratic process. As a result of actions taken by Congress earlier in this day, the Recreation Fee Demonstration Program is no longer a "demonstration" program and, as a result, America's public lands have become less public.
It's unfortunate that I must report that an important battle in what has already been a seven year long struggle was lost today. But the war is anything but over. Never doubt that the public will trump the special interests who are responsible for creating and forcing this program upon an unwilling and resentful public.
Pasted below are two press releases. The first is the Western Slope No Fee Coalition. They tell it like it is. The second is from those who passed legislation so unpopular that it could not have become law unless attached as a rider to 'must-pass' legislation such as the Omnibus Appropriations bill.
In the days, weeks and months ahead, I will be sharing with you increasingly aggressive strategies that, when executed, will ensure that the newly passed recreation fee program will fail. Your ongoing support and personal efforts will be even more important in the future than they have been in the past. I thank you for everything you have done. I thank you in advance for all that you will do in the future.
Scott
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Western Slope No Fee Coalition
November 20, 2004
FOR IMMEDIATE RELEASE
For more information:
Robert Funkhouser, 802/235-2299,
Kitty Benzar, 970/259-4616,
OHIO CONGRESSMAN RAMS PUBLIC LAND ACCESS FEES THROUGH CONGRESS
Western Senators Try But Fail to Stop Controversial Measure
An Ohio congressman with no public lands in his district has forced a
measure through Congress to implement permanent access fees for
recreation on all land managed by the Forest Service, Bureau of Land
Management, U.S. Fish & Wildlife Service, and Bureau of Reclamation.
Ralph Regula (R-OH), the original architect of the unpopular
Recreational Fee Demonstration Program (Fee Demo), succeeded in
attaching his bill as a rider to the giant Omnibus Appropriations Bill
recently enacted in the lame duck session of Congress. The bill was
never passed by the House and was never introduced, given a hearing, or
voted upon in the Senate. Omnibus bills are considered "must pass"
legislation because of the potential for a government shutdown. Some
members of Congress use riders attached to them as a way of getting
funding for pet projects often referred to as "pork."
Regula's bill, HR 3283, allows the federal land management agencies to
charge access fees for recreational use of public lands by the general
public. The bill has been highly controversial and is opposed by
hundreds of organizations, state legislatures, county governments and
rural Americans.
HR 3283 passed the House Committee on Resources in September under
strong pressure from Regula, who is expected to become the next
Chairman of the powerful House Appropriations Committee. His bill is a
radical change in the way public lands are funded and stands in
contrast to a more moderate competing bill passed by the Senate. There,
Senator Thomas (R-WY) sponsored S.1107 that would let the National Park
Service retain their entrance fees for local use but would allow access
fees to expire in the other agencies. Thomas's bill passed the Senate
in May by unanimous consent but never had a hearing in the House.
Early in last week's lame duck session, Regula's attempts to attach his
rider were strongly rejected by the Chairmen of all four pertinent
Senate committees. Senator Thomas of the National Parks Subcommittee,
Senator Domenici (R-NM) at Energy and Natural Resources, Senator Craig
(R-ID) of the Public Lands Subcommittee, and Senator Burns (R-MT),
Chair of the Interior Appropriations Committee, all westerners,
succeeded in forcing Regula to remove his rider on Tuesday.
By Thursday, however, Regula had reneged on the agreement. He went over
the heads of the Senate's public lands chairmen and struck a deal with
Senator Ted Stevens (R-AK), Chair of the Senate Appropriations
Committee. Regula reportedly agreed to give Stevens funding for a road
in a remote community in Alaska in exchange for allowing Regula's bill
to be reattached.
That left the four Senators who had negotiated the original deal
hopping mad and disappointed millions of fee opponents who expected
that such a seismic shift in policy would receive public hearings, not
be done behind closed doors.
"This was a victory of pork over principle," said Robert Funkhouser,
President of the Western Slope No-Fee Coalition, which has worked to
oppose the Fee Demo program. "Ralph Regula is responsible for the first
tax increase of the Bush administration. He and Senator Stevens have
sold out America's heritage of public lands for the price of a road."
The Regula bill will go into effect when Fee Demo expires at the
beginning of fiscal year 2005 unless the new congress acts to derail
it. Its key provisions include permanent recreation fee authority for
all National Forests and BLM land as well as all land managed by the
U.S. Fish and Wildlife Service, the Bureau of Reclamation, and the
National Park Service. Failure to pay the fees will be a criminal
offense punishable by up to $5,000 and/or 6 months in jail. Drivers,
owners, and occupants of vehicles not displaying either a daily or
annual pass will be presumed guilty of failure to pay and can all be
charged, without obligation by the government to prove their guilt. The
measure encourages agencies to contract with private companies and
other non-governmental entities to manage public lands and to enforce
fee collection. The bill also establishes a national, interagency
annual pass called the America the Beautiful Pass, expected to cost
$85-$100 initially.
These provisions have encountered strong opposition in the west and in
rural areas nationwide. The program is considered a double tax by many
and puts the burden of funding the management agencies on the backs of
rural Americans. Regula's bill failed to attract a single western
sponsor but was co-sponsored by seven eastern congressmen.
"This is an abuse of position by Congressman Regula" according to
Funkhouser. "Changing public land policy in the middle of the night via
a rider is despicable. Once again the Congressman has proven to be
hostile to rural and western values and will stop at nothing to push
his agenda".
The provisions in HR 3283 are intended to replace the former Fee Demo
program, also created by Regula. Fee Demo was similarly passed as a
rider on an Omnibus Appropriations bill in 1996. Originally a two-year
demonstration, it was repeatedly extended and is now in its eighth
year. Fee Demo has sparked protests nationwide and widespread
non-compliance. Hundreds of organized groups, as well as four state
legislatures and dozens of counties, opposed the program.
Contacts:
Senator Thomas's office - 202-224-6441
Congressman Regula's office - 202-225-3876
Senator Stevens's office - 202-224-3004
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===BEGIN SECOND NEWS RELEASE===
Committee on Resource, US House of Representative
For Immediate Release
Saturday, November 20, 2004
Contact Brian Kennedy or Matt Streit at (202) 226-9019
Recreation Fee Demonstration Bill Passes
Washington, DC - Today the Congress passed H.R. 3283, the Federal Lands
Recreation Enhancement Act, introduced by Rep. Ralph Regula (R-OH). The
bill will improve recreational facilities and visitor opportunities on
federal recreational lands by reinvesting receipts from fair and
consistent recreational fees and passes.
"This legislation ensures continued access to recreational opportunites
on our federal land while protecting the public's pocketbook," said
House Committee on Resources Chairman Richard W. Pombo (R-CA). "We have
given federal land managers the ability to assess reasonable fees for
specific activities and uses. This bill will put an end to fears that
fees will be misused by federal land managers since we have laid out
very specific circumstances under which these fees can be collected and
subsequently reinvested."
The Recreational Fee Demonstration Program (Rec Fee Demo) was
originally proposed in 1996 as a tool to generate needed revenue to
manage the growing occurrence of recreation on public land. The program
has been both praised and assailed by federal land users. Since its
inception, federal land managers have been able to actively reinvest
fees assessed into the site or activities used.
After numerous concerns and reauthorizations, the House Resources
Committee, the committee with authorizing jurisdiction, undertook
reauthorizing the Rec Fee Program. Rep. Regula's bill will extend the
program for 10 years and specifically states where and what a fee may
and may not be charged for, while also establishing types of fees.
The bill also incorporates public participation by establishing
Recreation Advisory Committees that will consist of members of the
local government and recreation community. This group will provide
recommendations to the Secretary of the Interior regarding the
establishment, elimination, or adjustment of a fee. Additionally, a
Federal Lands Pass will be established for all entrance and amenity
fees for federal lands.
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