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Search Our Site: 01-HIRAs Invalidated By Federal Court The 9th Circuit Court of Appeals ruled on February 9, 2012 that standard amenity fees (the kind that are charged within a HIRA) may not be required from anyone who simply parks and accesses federal recreational land without using any facilities and services. The ruling applies also to standalone fee sites that are not within a HIRA. Here are the ruling itself and media stories about the impact of it. PDF files for this item 2012 02 10 9th Circuit Overturns Fees 2012 02 15 Adventure Pass Impacted 2012 02 10 Court Rejects Mt Lemmon Fee 9th Circuit Decision 2012 02 10 Court Halts Mt Lemmon Fee 2012 02 10 Court Invalidates Mt Lemmon Fee 2012 02 16 Court Ruling Affects Adventure Pass 2012 02 15 Adventure Pass Could End 2012 02 17 Restore the Public in Public Lands 2011 02 25 HIRA Review Memo 1 Washington office directive to the regions for a review of all HIRAs. Note the date on this document is a typo - it was actually released on February 25, 2011. PDF files for this item 2011 02 25 HIRA Review Memo 2011 02 25 HIRA Review Memo 2 More detail for the Regions about the review of HIRAs that they are to undertake. What is missing? Two things: 1) any participation opportunity for the public until the very end of the process when all the decisions have already been made; and 2) any objective review by anyone outside the agency. This is like asking a fox who has had his very own henhouse to guard whether he wants to try a little tofu instead of eating chicken all the time. PDF files for this item 2011 02 25 HIRA Review Instructions 2012 01 18 HIRA Review Washington Office Approvals Letters sent to each Forest Service Region showing what changes to their High Impact Recreation Areas the Washington Office approves. Final decisions are still up to the local Forests following public participation and Recreation Resource Advisory Committee review. PDF files for this item HIRA Letter Region 1 Montana HIRA Letter Region 2 Colorado Wyoming HIRA Letter Region 3 Arizona New Mexico HIRA Letter Region 4 Idaho Utah HIRA Letter Region 5 California HIRA Letter Region 6 Oregon Washington HIRA Letter Region 9 Northeast States 2012 03 01 Press Release Fees Will Continue Forest Service press release defying the appeals court ruling and proclaiming that their illegal fees will continue unchanged. PDF files for this item 2012 03 01 Press Release Fees Will Continue 2012 05 16 Internal Memo to Stop Enforcement Memo from FS Deputy Chief Leslie Weldon instructing the National Forests to stop enforcing standard amenity fees - commonly known as day use fees. This was an internal agency directive, the public was not informed. PDF files for this item 2012 05 16 Internal Memo to Stop Enforcement 2012 10 10 Internal Memo No Enforcement Internal memo and two enclosures obtained under the Freedom of Information Act. The memo requires each Region to report their progress by November 15, 2012 on getting their fee areas into conformity with the Forest Service internal HIRA review. The first enclosure is a repeat of the May 16 memo instructing the forests to stop enforcing standard amenity fees. The second enclosure instructs the Forests to notify the public that enforcement will cease beginning January 1, 2013. That notification has not yet occurred. A followup request for the Regional responses to this call for progress reports is pending. PDF files for this item 2012 10 10 Internal Memo 2012 10 10 Enclosure 1 2012 10 10 Enclosure 2 99-HIRA Review Media Media stories about the 2011 review of HIRAs by the Forest Service. The emerging picture is one of local Forest managers thumbing their noses at the Washington headquarters recommendations. Is there any adult supervision in this agency? PDF files for this item 2012 01 25 If A Fee Is Charged In The Forest 2012 01 25 HIRA Fees Questioned 2012 01 24 Maroon Bells Fee Legitimate? 2012 01 24 Forest Service Eyes Fee Changes 2012 01 27 Green Mountain Reservoir May See Lower Fees 2012 01 27 Federal Parks and Recreation 2012 01 31 Red Rock Pass Changes Led to National Revisions HIRA List The list of all 96 HIRAs nationwide, encompassing almost 1.5 million acres of public land and over 500 trailheads that control access to undeveloped backcountry. PDF files for this item HIRA List HIRA Report With Redactions The Forest Service claims they are very confident that their High Impact Recreation Area fees, which are not authorized anywhere in federal law, still are somehow legal. In response to questions from Congress, objections by the public, and finally legal action, they conducted an internal review in 2009 but never released it publicly. The review report was requested under the Freedom of Information Act, and the response was this copy that is so highly redacted it looks like a top secret military document. PDF files for this item HIRA Report With Redactions Notice Of Required Fee Memo Internal Forest Service memo introducing a new form to be used as a non-enforcement compliance tool, i.e. an intimidation tactic, to get people to pay fees that exceed the legal authority conveyed to the Forest Service by law. These are used in situations when a real ticket - known as a Violation Notice - would probably not be upheld in court. PDF files for this item Notice of Required Fee Memo |
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