EVEN THOUGH RECREATION BUDGETS INCREASING

Forest Service Plans to Appeal Arizona RAT Decision

By Bill Schneider, 9-16-06

As NewWest reported last week, an Arizona court struck a blow for the people by slapping down the Forest Service and dismissing tickets given to Christine Wallace for parking a highway passing through a national forest and going for a walk on her land. In throwing out the tickets, the judge proclaimed that the FS lacked the authority to charge the fee in these circumstances.

The Western Slope No-Fee Coalition, the main group fighting the RAT, claimed the decision had national implications. The FS apparently agrees because the Arizona Daily Star is reporting today that the FS plans to appeal the Wallace decision to a higher court.

In his September 5 court order Judge Charles Pyle dismissed two $30 tickets given to Wallace for her refusal to pay a $5 fee to park and hike along the Catalina Highway in the Mount Lemmon area near Tucson.

Of special note, in the Daily Star article, a FS official corrected a statement he had made Wednesday that Congress has cut back its appropriations for FS recreational programs by 50 percent to 75 percent over the past decade. Actually, the amount appropriated for recreation nationally has increased by 22 percent over that period, admitted Larry Raley, the Santa Catalina district ranger, but he then declined to offer details on the ranger district's budget.

This is a significant admission because the FS often uses claims of declining recreation budgets as a reason for charging fees such as the disputed fee to drive up to Mount Lemmon.

U.S. Attorney Paul Charlton's notice indicated that the appeal would be pursued in U.S. District Court. The Justice Department has 30 days to file a legal brief on the case.

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