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Slugman It’s a Slugfest!
Joined: 27 Mar 2003 Posts: 16874 | TRs | Pics
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Slugman
It’s a Slugfest!
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Wed May 09, 2012 1:29 pm
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I'm not sure how a law that imposes a fee also "requires free access". The court saying there is a problem with a law that imposes a fee is not that same as saying all fees are somehow illegal. Nothing in the Constitution says access must be free, so if there is a problem with this law it is a technicality that Congress can fix at any time. There is no law or any court decision (that I've ever heard of) that says the FS cannot charge a fee, and even if there was (such a law), any new law could change that at any time. I agree that right now a concessionaire shouldn't be allowed to charge a fee that the FS can't charge under the current law.
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Conrad Meadow bagger
Joined: 25 Aug 2006 Posts: 2298 | TRs | Pics Location: Moscow, ID |
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Conrad
Meadow bagger
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Wed May 09, 2012 2:31 pm
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Slugman wrote: | There is no law or any court decision (that I've ever heard of) that says the FS cannot charge a fee |
From the original post in this thread:
vibramhead wrote: | The Forest Service's authority to charge fees is limited by the Federal Lands Recreation Enhancement Act, which prohibits charging fees to persons who simply park at a developed site without using any amenities, but only walk through it to hike trails. |
(I'm taking vibramhead's word for it, I haven't looked it up.)
Isn't that the central point of this whole thread?
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Ranger Smith Member
Joined: 14 Aug 2010 Posts: 1016 | TRs | Pics Location: Kapowsin, Wa. |
Snowbrushy wrote: | Ranger, is there any particular reason(s) why they can't stand Hoodoo hosts as compared to Forest Service hired hosts? Or anyone else for that matter. |
I need to correct myself (once again) and say they can't stand most hosts of FS campgrounds.
The hosts (some/most) have a tendency to think that that LE rangers are going to come rushing out at their every beck and call. They don't seem to realize that LE's have alot more and better things to do ( investigations of timber theft, meth labs, etc.)than drive 50 miles from their location to investigate a complaint of failure to pay only to find out that no laws were broken, it was a misunderstanding, etc., etc.
I'm a man, I can change, if I have to, I guess.
I'm a man, I can change, if I have to, I guess.
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treeswarper Alleged Sockpuppet!
Joined: 25 Dec 2006 Posts: 11279 | TRs | Pics Location: Don't move here |
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treeswarper
Alleged Sockpuppet!
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Wed May 09, 2012 3:57 pm
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Let me see, one campground host got a leetle bit overzealous and pulled a pistol on some folks once. Caint remember where, I think on the Klamath NF.
There have been some hosts who had a bit too much to drink.
There are hosts who can't seem to figure out how to work the radio.
There was one that suddenly decided they had detected a hazard tree and it had to be cut down by somebody else right away.
I stopped and threw tree parts out of a road next to the campground. It didn't take much to do, and the campground host came out to thank me. They'd been waiting for somebody to take care of that.
Somebody sure gets referred to a lot.
But, I certainly have the wrong personality to be a campground host, so I should also say that most seem to do all right.
What's especially fun about sock puppets is that you can make each one unique and individual, so that they each have special characters. And they don't have to be human––animals and aliens are great possibilities
What's especially fun about sock puppets is that you can make each one unique and individual, so that they each have special characters. And they don't have to be human––animals and aliens are great possibilities
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Snowbrushy Member
Joined: 23 Jul 2003 Posts: 6670 | TRs | Pics Location: South Sound |
treeswarper wrote: | Somebody sure gets referred to a lot. |
Me especially with tourons from Japan in a rental car at the campground. I guess I look like I know what I'm doing. I first helped them make a camp, tent etc., and start a fire and the young couple was all set up for the night. But the young woman looked over to the Hoodoo host and then to me, and came over to me (because I look like I know what I'm doing) and announced that her husband was scared to death of bears - what to do?
I said, "Is that Rascal still hanging around here? I just punched him in the nose last night and I think that he went away."
Her husband slept in the car that night.
I prefer Forest Service campground hosts. The rest are clueless.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
Oh Pilot of the storm who leaves no trace Like thoughts inside a dream Heed the path that led me to that place Yellow desert stream.
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sooperfly Member
Joined: 04 May 2003 Posts: 1234 | TRs | Pics Location: North Central Wa. |
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GeoHiker Rocky Walker
Joined: 26 Feb 2005 Posts: 6033 | TRs | Pics Location: Off the Deep End |
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GeoHiker
Rocky Walker
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Thu May 17, 2012 7:40 pm
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Interesting how they are only considering high impact use areas. So the out of the way, no amenities, no parking, no bathroom TH's will still require a NWFP. I guess they are reading this ruling a different way? SOS, just another day.
You call some place paradise, kiss it goodbye......Eagles
You call some place paradise, kiss it goodbye......Eagles
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Grey Heckel Member
Joined: 09 Feb 2012 Posts: 38 | TRs | Pics Location: Seattle,WA |
I didn't read all posts since I entered the new topic, but I will say SLUGMAN was wrong in stating that you could only park outside the TH parking area and walk through: THe "decision" clearly stated that the fee cannot be used for "parking, undesignated parking ....." thus meaning that TH parking cannot be charged if the reason for parking is hiking (a non-chargeable use).
My original thought was WhY does the FS continue to make it seem that the permit IS required for parking.?
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Slugman It’s a Slugfest!
Joined: 27 Mar 2003 Posts: 16874 | TRs | Pics
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Slugman
It’s a Slugfest!
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Wed Aug 08, 2012 2:28 pm
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Because the pass always was a parking charge, right from the beginning. The business about amenities needing to be present was added later, and is the reason for the court decision.
I still don't see any signs coming down, or the forest pass being eliminated completely. I guess I'll believe it when I see it, and lots of people demanding that something is true doesn't really mean much to me in the face of actual reality.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9514 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Wed Aug 08, 2012 6:28 pm
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Grey Heckel wrote: | My original thought was WhY does the FS continue to make it seem that the permit IS required for parking.? |
They might still be appealing the ruling. The ninth district did remand to case back to a lower court to work out the details.
According to the FS website almost all of the most popular trail heads still require a Northwest Forest Pass -- including for example the "Pratt Lake" trail head. Which last time I checked didn't have all the improvements required.
http://www.fs.usda.gov/detail/r6/passes-permits/recreation/?cid=fsbdev2_026964
However I parked there recently and forgot to pull out my pass from the glove box and display it, but I didn't get ticketed. Was I just lucky -- or have the FS relaxed enforcement after the ruling.
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Laural Member
Joined: 31 Aug 2007 Posts: 156 | TRs | Pics
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Laural
Member
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Thu Aug 09, 2012 2:09 pm
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The last time I was at Pratt Lake TH it did indeed have :
(i)Designated developed parking.
(ii)A permanent toilet facility.
(iii)A permanent trash receptacle.
(iv)Interpretive sign, exhibit, or kiosk.
(v)Picnic tables.
(vi)Security services.
I mean, one could argue about (vi), but I think the guy writing tickets counts.
Or am I wrong about the Table? I guess I could be.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9514 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Thu Aug 09, 2012 2:40 pm
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Laural wrote: | (v)Picnic tables. |
If there is one there -- I missed it.
Also I don't recall seeing a
Laural wrote: | (iii)A permanent trash receptacle. |
--- maybe my vision is getting dodgy?
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cairn builder Member
Joined: 19 Aug 2013 Posts: 854 | TRs | Pics
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It's been two years now, and the NW Forest Pass is still being sold. In fact I just recently bought a new one because it's cheaper than getting tickets.
Has the situation changed?
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Malachai Constant Member
Joined: 13 Jan 2002 Posts: 16099 | TRs | Pics Location: Back Again Like A Bad Penny |
If by Pratt Lake TH you mean the same as Granite Mtn there is a Picnic Table near the wilderness registers at the West end of the Parking area.
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
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drm Member
Joined: 24 Feb 2007 Posts: 1376 | TRs | Pics Location: The Dalles, OR |
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drm
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Tue Sep 16, 2014 10:26 am
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I have, in the past, read these decisions, and come to the conclusion that they are much more limited than claimed by people who say that the FS is violating the law. But I am no lawyer, and I'm not going to read them again to find the language that I think proves my opinion.
Also, NWFP funds do help maintain trails, at least in my area (southern Gifford Pinchot). It's very hard to get a percentage because, among other things, NWFP funds are used to fund grant requests. So if you get a grant from a non-profit, but the time spent writing the request was funded by NWFP money, how do you count that?
In one FS district alone (Mt Adams), The FS head of the trails team told me that the trails teams hired by the FS cleared 400 miles of trails this year. So the funds do a lot for trail maintenance performed by FS employees. My impression is that FS teams do heavy work and WTA volunteers do lighter work.
As always, the program could be improved. The amenities listing particularly. The law expires this year and so NWFP will go away next year unless Congress re-authorizes. Maybe then we will find out just how important the funds are. Or maybe Congress will improve on it?
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