Special Events vs. Educational Events on State Lands

The budget situation for the Department of Natural Resources (DNR) Recreation Program is particularly dire – although DNR generates revenue by logging its state trust properties, all of those funds are dedicated to fund schools and state and county institutions. The agency relies on allocations from the state’s general fund, as well as grants from the Non-highway Off Road Vehicle Account (NOVA), generated by 1% of the state's gas tax. During the last budget cycle, DNR lost 50% of its revenue from the general fund and NOVA money was shifted to State Parks to keep them open. Basically, DNR is already down to the bone and closing recreation sites. The odds are that revenue from the general fund will be slashed just as dramatically for the pending 2011-13 budget.

The Recreation Reform Bill proposed by DNR and WDFW is a last ditch effort to keep recreational trails and facilities open. The bill outlines a number of cost-saving and revenue generating tactics, including the $10 per day/$40 per year Explore Washington Pass required for individual access to DNR and WDFW land. Notable to The Mountaineers and similar organizations, the draft bill also includes a provision that will require a $200 special event license for any organized event for which participants pay a donation or participation fee ( in addition, all participants will still need to carry either a $10 day pass or $40 annual pass.)

As it is written, this provision could be prohibitive for Mountaineers courses on DNR lands such as scrambling or rescue classes at Mount Si or sea kayaking field trips to Cypress Island. Mark Mauren of the DNR explained that the impetus behind this provision is that organizations and businesses often use DNR lands for money-making events like poker runs and races, generating thousands of dollars without paying a penny for their impact to the land.

While the intention of the special event fee is to prevent exploitation of natural resources, The Mountaineers' intention is to train responsible recreationists. DNR encourages the Mountaineers to submit reasonable recommendations for a revised special event license that might better accommodate non-profit educational activities.

The Mountaineers may wish to recommend the following changes to the draft legislation:

- Distinguish between events that serve to raise money and events that serve to educate by creating two categories of permits: Special Event and Educational Event licenses

- Define Special Event: commercial or competitive organized event which any person, group, or organization makes or attempts to make a profit, or collect compensation from participants in the form of fees or donations for the purpose of participating in an event.

- Define Educational Event: organized educational presentation, training, or exercise provided to participants for a nominal fee, collected for the sole purpose of covering the expense associated with event.

- Keep existing language regarding $200 fee or 10% of total income of event intact for Special Events.

- Propose fee exemption for educational events, but maintain that all participants possess the required Explore Washington pass.

What do you think? What, if any, is a reasonable amount to charge organizations for hosting courses and trainings on public lands? Share your ideas and comments on the Recreation Reform Bill, as well as the special event fee language, contact conservation@mountaineers.org. Deadline for comments is December 15, 2010.

Fees Proposed for Access to State Lands and Boat Launches

Washington State agencies are bracing for another tough round of cuts and compromises as the Governor prepares her budget proposal for the 2011-13 biennium. A recent news release by the Office of Financial Management (OFM) announced a projected loss of $1.2 billion in General Fund Revenue for the remainder of the current biennium (2009-11) and the next budget period (2011-13).

The Department of Natural Resources (DNR) has long provided free access to popular trails and destinations such as Mount Si, Blanchard Forest, Cypress Island, and Tiger Mountain thanks to allotments from the state’s general funds. As budget cuts loom, DNR and the Washington Department of Fish and Wildlife (WDFW) are jointly proposing a Recreation Reform Bill to supplement slashed budgets with user-generated funding. The agencies insist that the alternative to new user fees is the inevitable closure and reduction of services at recreation sites across the state.

A central feature of the proposed legislation is the “Explore Washington Pass” for access to WDFW and DNR lands. Under the proposal, the cost of an annual Explore Washington Pass would be $40 per person for general users age 19 and older, or $5 for those purchasing fishing or hunting licenses or a watchable-wildlife package. Short-term passes would be available at $20 for a three-day pass; $15 for a two-day pass; and $10 for a one-day pass. Revenue from the new pass, estimated at $5.5 million annually, would be split between WDFW and DNR for land management capital, operational, maintenance and enforcement needs.

Unlike the Northwest Forest Pass or State Sno-Park Pass, the Explore Washington Pass is a per-person fee, not per vehicle. Whether you are biking, hiking, climbing, or launching your boat on DNR or WDFW property, each person in your party will need to carry an Explore Washington Pass, even if you do not arrive by vehicle. The legislation also includes a mandatory $200 license for all organized events on DNR or WDFW lands. As written, the legislation could require licenses for Mountaineers courses on DNR lands and also require that all participants carry day or annual Explore Washington Passes. One proposal from the Mountaineers suggests that the club could contribute to the maintenance of state lands by harnessing our volunteer stewardship force in lieu of prohibitive event license fees.

As the legislation evolves, the Mountaineers is in discussion with DNR and WDFW to help determine a fair and reasonable proposal that will keep our state lands accessible to the public. You can share your thoughts about the proposal or learn more by emailing conservation@mountaineers.org or submit comments directly to the DNR by contacting explore@dnr.wa.gov.

What lands will be affected by the proposed fees?

DNR Recreation Sites

WDFW Lands & Water Access Sites

Bill would repeal user fee law

A bill to repeal the authority of federal agencies to increase trail and wilderness access fees was introduced in early December by two Western lawmakers. If passed, it would reverse legislation passed in 2004 that authorized federal agencies, with the exception of the National Park Service, to increase fees for such access permits as the Northwest Forest Pass.

The 2004 law followed a fee demonstration program that set into force trailhead-access fees more than 10 years ago. The demo fee, which was repeatedly extended by Congress over the past decade, has fueled debates within the outdoors community over what is dubbed the “pay to play” rule.

The bill introduced by Sens. Max Baucus (D-Montana) and Mike Crapo (R-Idaho) would rescind the 2004 measure, formally known as the Federal Lands Recreation Enhancement Act (FLREA), but also called the Recreation Access Tax, or RAT.

Baucus, a long-time critic of the fees, said the current system amounts to double taxation because “Americans already pay to use their public lands on April 15,” referring to federal income taxes.If passed, the Fee Repeal and Expanded Access Act of 2007 would reinstate legislation dating back to 1965 that limits the use of fees on public lands.

The creation of trailhead access fees has drawn guarded support by some outdoors and recreation groups such as The Mountaineers and adamant opposition from other groups such as Western Slope No-Fee Coalition, Wild Wilderness and Free Our Forests.

The Mountaineers adopted a policy statement in 2006, during the heat of the debate, that said the club “supports developing programs so that recreational users can contribute to the management of these treasured wild areas.” It cautioned, however, that the club “believes that the success of fee programs and the willingness of recreational users to pay fees depends upon how fees are implemented.”

Crapo argues that user fees “limit accessibility to those who can afford the cost and results in a pay-to-play system that is unacceptable.” However, both he and Baucus noted that lawmakers will have to fight to reallocate federal dollars to the trail and access system if the FLREA is repealed. Crapo said he “will continue to fight in Congress to make sure the funding needs of our public lands management agencies are met.”

Baucus said debates have flared up in communities across the West as fees began to rise after the 2004 bill was passed. He said he hopes the bill will help resolve those disputes. Kitty Benzar, president of the Western Slope No-Fee Coalition, hailed the bill. Baucus worked closely with Benzar as well as the late Robert Funkhouser in crafting the legislation.