US Privatizes National Forests

WASHINGTON (CN) - The U.S. Forest Service lets private companies
charge people for using undeveloped public lands, in violation of
federal law, an Oregon nonprofit claims in Federal Court.
Lead plaintiff BARK clams the Forest Service's grants to
concessionaires violates the Federal Lands Recreation Enhancement Act.
BARK has 7,000 members, many of them who live near the Mt. Hood
National Forest.
"Bark has been extensively involved in the administrative process
concerning the challenged decision on the Mt. Hood National Forest
covering the transfer of 28 sites (including the Big Eddy day use site
and Bagby Hot Springs) to private management, and uses these areas on
a regular basis," the complaint states. "Barks' members have been
adversely affected by either having to pay new fees at these areas, or
by being dissuaded from using them due to the new fees."
Five citizens from Arizona and Colorado joined as plaintiffs,
objecting to Uncle Sam's handing out special permits that allow
private companies to charge fees for the use of such land.
Under the Federal Lands Recreation Enhancement Act (REA), the
federal government is authorized to collect fees at a limited number
of recreational sites, so long as the sites have facilities that
justify a fee.
The government may charge fees for public lands containing
national conservation areas, national volcanic monuments or a visitor
center, the complaint states. It also may charge fees if it has
substantially invested in the land in the form of parking facilities,
restrooms and trash receptacles.
But BARK says the government may not charge for recreational use
of undeveloped land. That includes parking, picnicking, boating,
horseback riding, using scenic overlooks and driving or walking
through undeveloped, undesignated public land.
"The Forest Service issues special use permits to concessionaires
that allow them to charge visitors to Forest Service areas managed by
the companies even when visitors do not use any facilities or services
of the area, but simply wish to enter Forest Service lands to engage
in undeveloped recreation," the complaint states.
BARK claims that private companies charge an $8 parking fee at
Rose Canyon Lake in the Coronado National Forest in Arizona, and walk-
ups must pay $1 apiece if they park at within 3 miles, regardless of
whether they use any facilities or services.
BARK claims that in Oregon, the Forest Service granted a special-
use permit to a private company to charge for use of the Mount Hood
National Forest, "including the 'Big Eddy' day-use area, where
visitors have traditionally parked to swim in the Clackamas River free
of charge."
And, "Under the new special use permit, the concessionaire now
charges $5 per person to soak in Bagby Hot Springs, regardless of how
they arrive."
BARK says the Forest Service issued the special use permits
without public notice or allowing for comment.
It wants the fees enjoined at Rose Canyon Lake, Second Crossing,
Rampart Reservoir, Walton Lake and Big Eddy as violations under the
REA.
It also wants the court to declare that imposing new fees for
recreation areas through special permits handed out without public
notice violates the Administrative Procedures Act.
And it wants all of the special-use permits that allow private
companies to charge such fees to be set aside, and the Forest Service
ordered to pay back the money it illegally collected.
BARK is represented by Matt Kenna, with Public Interest
Environmental Law, of Durango, Colo.

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