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TURNING BACK THE CLOCK TO THE GOOD OLD DAYS

What the Baucus-Crapo Bill Does


By Bill Schneider, 12-13-07

As reported on NewWest.Net a week ago and five days later by daily newspapers, U.S. Senators Max Baucus (D-MT) and Mike Crapo (R-ID) have introduced S. 2438, the Fee Repeal and Expanded Access Act of 2007. The original stories on the introduction, including my article, only offered generalities about intent of the landmark legislation. Since then, a lot of questions have come up on what impact this bill would have when passed.

To answer those questions, I had a long chat with the staffers for Max Baucus who developed the legislation, and here are the details on what this major bill actually does for all of us who enjoy outdoor recreation on public lands.

 
  Everybody understands that current fee revenue must be replaced.
The most common concern is replacing the funding. Even federal employees living off fee income probably would prefer to have money come the old fashioned way, through the appropriations process. But after fee advocates slipped the Federal Lands Recreational Enhancement Act (FLREA) through Congress without a vote and made it the law of the land, life changed for all of our dedicated federal employees. Many of them had to raise their own money to continue operating and maintaining recreational facilities and programs--and in many case, their own salary, too.

Consequently--and intentionally, I'm sure--FLREA created a serious incentive for federal employees to institute and increase fees because if they didn't, their programs and jobs would be cut. That caused agency line officers to push the envelope, going way beyond the letter of the law, creating and increasing fees in a desperate attempt to keep operating.

FLREA created even more incentive--again, intentionally, I'm sure--to institute and raise fees by allowing districts and parks to keep fee income instead of sending it to the Treasury--and hope it would be appropriated back to them.

The Baucus-Crapo bill would take away most fee-charging authority and require any remaining fees to go back to the Treasury instead of staying with the local area. But will this fee revenue be replaced with real appropriations? Clearly, most upcoming opposition to the bill will focus on this question, as it should.

At this point, there is nothing specifically in the bill about replacing the funding, but Baucus staffers assured me that the senator "is committed to make the agency budgets whole" and will "squeeze Congress" to replace the fee revenue. As chair of the powerful Finance Committee, Baucus is certainly in a position to do this.

Here's the firm message coming from the office of Max Baucus: "Max is committed to getting as much money for the recreation programs as possible. We'll be fighting throughout the appropriations process to make sure the funds coming in from fees are replaced. And we believe people in Senator Crapo's office want to see the same thing happen."

That's strong talk, but still just talk, of course. I'm sure federal employees living on fees will remain skeptical, but they should find some comfort in two powerful senators, one from each party, being in their camp.

Baucus staffers also discussed firefighting costs, the "800-pound gorilla out there sucking up the Forest Service budget." In future years, fighting forest fires might burn up 50 percent of the agency's budget--and not just money directly budgeted for fire fighting. In every big fire year, like we just had in 2007, the FS faces unbudgeted fire-related costs, so what happens? Agency heads raid already shriveled recreation budgets to cover fire cost overruns.

Senator Baucus also has a plan for this problem. As part of climate change legislation currently being debated in the Senate, he has created an $800 million fund dedicated to cover firefighting costs of the FS and other federal agencies and prevent raids on other budgets such as recreation.

So, given these sincere efforts by Baucus, Crapo and powerful politicians, it seems like everybody understands that current fee revenue must be replaced, at least, and more likely, increased.

Getting accurate figures on how much fee income actually comes in is almost impossible, but clearly, the total amount generated by fees is minuscule compared to other federal expenditures such as the endless money pit I call the Trillion Dollar War and can be easily replaced through the appropriations process like it was for many decades before the Age of FLREA.

Now, to questions about what S. 2438 actually does, Baucus staffers had these answers. In general, the bill takes us back to the way it was before FLREA.

Concerning our national parks, Baucus believes most people accept paying a reasonable entrance fee or for a night in a secure, developed campground, but after that, access and enjoyment of our national parks should be free.

The bill allows the National Park Service (NPS) to continue charging entrance fees, but caps them at $25 per vehicle (not per person) with no fee for people under 16. The recently launched America the Beautiful Pass would go away, but the NPS can sell an annual pass similar to the Golden Eagle Pass, but the bill caps the cost at $65 per year.

The NPS can also continue charging for staying overnight in developed campgrounds with facilities like garbage disposal and toilets. But the bill seeks to prevent the "layering" of fees i.e. paying the entrance fee and then have more fees layered on after inside the park. The NPS could charge for "expanded amenities," such as a museum, visitor center or developed campground, but not for parking or enjoying the natural amenities. Hence no parking fees or permits for backcountry hiking or river running.

For the Forest Service, Bureau of Land Management, Fish and Wildlife Service and other federal agencies, the bill changes things more radically than in does for the NPS. The agencies could still charge a fee to stay in a developed campground or enter a visitor center filled with pricey interpretive displays, but all other fees are disallowed. Also gone are the High Impact Recreation Areas, large areas designated by the FS, so the agency can charge fees to drive through our national forests.

Definitely no more entrance fees to drive into national forests. The toll booths will be coming down.

I'm sure that even more details will come out as the debate continues over the Baucus-Crapo bill, and the bill will be amended. I'll try to keep you informed as more information becomes available.

Also, for many related articles on the recreational fee controversy, check out the Recreation Fee Chronology.



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