Post by Sapphire Capital on Sept 16, 2012 23:17:19 GMT 4
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.
see: www.bark-out.org/topic.php?id=bagby
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.
see: www.bark-out.org/topic.php?id=bagby