| WESTERN SLOPE NO-FEE COALITION |
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THE FEE-FREE PRESS
NEWS RELEASE Under a settlement agreement between the US Forest Service and four California hikers, access to trails will no longer require the purchase of an Adventure Pass.
Additional Contacts:
The Plaintiffs' attorneys are
Matt Kenna of Durango, Colorado, 970-385-6941
Rene Voss of San Anselmo, California, 415-446-9027. DETAILS BELOW. |
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FOREST SERVICE WILL NO LONGER REQUIRE CALIFORNIA HIKERS TO BUY AN "ADVENTURE PASS" FOR TRAIL ACCESS
Legal settlement establishes no-fee parking within 1/2 mile of trailheads, even if amenities are provided.
 Under a settlement agreement between four southern California hikers and the US Forest Service, people who want to access trails without using any developed amenities will no longer have to purchase and display an "Adventure Pass" in order to park their car at trailheads on the Angeles, Cleveland, Los Padres, and San Bernardino National Forests.
"This is a huge win, not only in southern California but in many other places where the Forest Service assumes that anyone parked near developed amenities is using them and owes a fee for that use," said Kitty Benzar, president of the Western Slope No-Fee Coalition, who advised the hikers over the course of their lawsuit.
The federal law that governs recreation fees, the Federal Lands Recreation Enhancement Act (FLREA), prohibits the Forest Service and Bureau of Land Management from charging any fee solely for parking, for traveling through federal lands without using facilities and services, camping in undeveloped areas, and general access. At sites such as picnic areas where fees are allowed, they can only be charged if six specific amenities are provided: developed parking, a permanent toilet, trash receptacle, picnic tables, interpretive signage, and security services. Courts in California, Arizona, Colorado, and Oregon have repeatedly ruled against fees for parking at trailheads when no facilities are used, even if the required amenities are present, but in southern California, the Forest Service continued to require purchase and display of an Adventure Pass for parking at trailheads.
"Many people just want to be able to take a walk in the woods without having to buy a pass. They don't need amenities, they just want access," said Benzar.
The lawsuit was filed in 2013. The hikers based their case on a 2012 ruling by the 9th Circuit Court of Appeals confirming that fees for parking and general access to undeveloped areas are not allowed under FLREA.
The hikers' case was heard in California Central District Court, which in June 2014 handed down a judgment in favor of the hikers. The Forest Service filed notice of appeal, but after lengthy negotiations agreed to a settlement rather than proceeding with the case.
Under the settlement, the Forest Service agrees to stop charging for access to nearly 400,000 acres of public land. Instead, they will only charge a fee for use of sites with the legally required amenities. If the amenities are located at a trailhead then there must be fee-free parking available within 1/2 mile for those who do not use the amenities and only access the trail. The plaintiffs agreed to let fees continue to be charged in some of the parking areas closest to the trailheads as a compromise so that the Forest Service can efficiently enforce fee payment where fees are legal.
A list of 66 specific sites that contain both the required amenities and a trailhead is included in the agreement, and at each of these sites the Forest Service has agreed to post signs indicating where the fee area boundary begins. Those who park outside the boundary are not required to buy or display an Adventure Pass. Alternate roadside or other parking is available within 1/2 mile at each of the listed sites.
The Forest Service will begin installing the fee site delineation signs in the summer of 2016. "It is our understanding that there will be no fee enforcement at these sites until the signs are in place," added Benzar.
"The plaintiffs in this case have been extremely reasonable in reaching a compromise with the Forest Service that allows them to charge reasonable fees for amenity use, while still holding them to the letter of the law that requires access to undeveloped areas for free," said Benzar. "I applaud these four brave Americans for standing up for their right to access public lands without having to buy a pass."
THE COMPLETE SETTLEMENT AGREEMENT CAN BE READ HERE.
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FREE TRAILHEAD PARKING SITES
These are the sites on four southern California national forests where there are both developed amenities and a trailhead. The Forest Service will install signage at each site indicating the boundary of the amenity fee area, and parking outside the boundary, within 1/2 mile of the trailhead, will not require an Adventure Pass.
Angeles National Forest: 6000' Day Use Area
Buckhorn Station Day Use Area
Burkhardt Trailhead
Chantry Flats Day Use
Charlton Flat Day Use
Chialo Picnic Area
Colby Bridge Day Use
Delta Flat Day Use
Devil's Canyon Day Use Area
Eagle Roost Day Use Area
East Fork
Gassy Hollow Picnic
Icehouse Trailhead
Indian Canyon Trailhead
Inspiration Point
Islip Saddle Day Use
Jarvi Memorial Day Use
Mill Creek Summit Picnic
Millard Day Use
Mt. Pacifico Trailhead
North Fork Picnic
Oak Springs Picnic
Oak Springs Trailhead
Piru Ponds Day Use
Pony Park Day Use
Red Box Picnic
Skyline Park
Stonyvale Day Use
Switzer's Picnic
Three Points Day Use
Upper Bear Creek
Vincent's Gap
Vogel Flat Day Use
West Fork Trailhead
Wildwood Day Use
Wilson Saddle
Windy Gap (Little Jimmy) Trailhead
Cleveland National Forest: Aqua Dulce Trailhead
Dripping SpringsTrailhead
El Cariso Picnic
Falcon Trailhead (at Blue Jay)
Holy Jim Trailhead
Hotsprings Trailhead
Laguna Trailhead
Maple Springs Trailhead
Meadows Trailhead
Pine Creek Trailhead
Pioneer Mail
San Juan Trailhead (at Blue Jay)
Tenaja Trailhead
Los Padres National Forest: Piedra Blanca
San Bernardino National Forest: Aspen Glen
Big Falls & Vivian Trailhead
Bonita Falls Trailhead
Children's Forest
Cougar Crest
Falls Picnic
Grays Peak Trailhead
Heaps Peak Trailhead (No fee if you stay in your vehicle)
Humber Park
Juniper Point
Meadows Edge
Middle Fork
South Fork
Splinter Cabin
Woodland Trailhead
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The Western Slope No-Fee Coalition is a broad-based organization consisting of diverse interests including hiking, biking, boating, equestrian and motorized enthusiasts, community groups, local and state elected officials, conservatives and liberals, Republicans and Democrats, and just plain citizens.
Our goals are:
- To eliminate recreation fees for general access to public lands managed by the Forest Service and Bureau of Land Management
- To eliminate backcountry fees and interpretive program fees in National Parks
- To require more accountability within the land management agencies
- To encourage Congress to adequately fund our public lands
Thank you for your support!
Sincerely,
Kitty Benzar
Western Slope No Fee Coalition |
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