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Fee Programs

Federal lawyers don't want a black eye over fee

Times-News Twin Falls, Idaho
Sunday, June 04, 2000

The more things change, the more they stay the same.

The old saying certainly holds true for Smokey Bear's tiresome campaign to strong-arm money from visitors to the Sawtooth National Recreation Area. Rather than toss the recreation fee program in the garbage, the Sawtooth National Forest has chosen to put new icing on a bad-tasting cake.

The Sawtooth Forest (along with the Bureau of Land Management, which manages three other recreation fee areas in Idaho) is determined to press ahead with this congressionally sanctioned extortion. The two agencies have been working with the U.S. attorney's office in Boise on the ticklish topic of legal enforcement.

The basic problem with the fee program is the flawed idea that people should pay to visit their own public lands. We already paid, on April 15.

Many people meekly pay the fee rather than break the law. What they may not know is, by paying the fee, they are implicitly endorsing the idea.

The fee is officially a "demonstration" project to find out whether fees work. And the project's success is measured in dollars. If you give Smokey your money, you are approving yet another federal paw in your pocket.

What the rangers don't want you to know is that the fee program is toothless. Federal prosecutors have better things to do than collect parking fines.

The mere threat of federal prosecution has been enough to make most folks fork over the money. But those who steadfastly refuse to pay have had their cases dismissed.

The latest announcement from the feds would have you believe that's going to change. We'll see. Mostly, the new and improved enforcement program sounds like warmed-over mush.

The Sawtooth Forest and BLM will provide more "notification" and give violators more "opportunities to pay," says Terry Derden, criminal division chief of the U.S. attorney's office in Boise.

Like any good prosecutor, Derden also says his office eventually will go after people who break the law.

We think Derden is bluffing. Prosecuting otherwise law-abiding citizens who refuse to pay for enjoying public lands would leave a bad taste in the public's mouth. And if enough people refuse to pay, Derden can't go after all of them.

So here's our suggestion to citizens:

Don't pay the fee. If you get cited, don't pay the fee. If Smokey says you'll go to court, don't pay the fee. Even if the U.S. attorney's office says you'll be in big trouble, don't pay the fee.

Call the newspaper instead. We would love to cover the legal saga of citizens who dare to walk on public land for free.