San Bernardino National Forest  

The Challenge of Changing Law & Policy

The Recreation Fee program in National Forests in Coastal and Southern California has presented a variety of challenges for the public as well as for forest managers. In response to input from forest visitors and from field and administrative personnel, we have made adjustments in the program to improve cost efficiency, enhance public service, and maximize on-the-ground results. The following are some examples of the challenges we have encountered with the Adventure Pass and the changes we have made to address them with the new legislation - Federal Lands Recreation Enhancement Act (REA).

• Categories of Landscape, Facilities, and Services
• Pass Availability
• America the Beautiful Interagency Passes - Your National Recreation Pass to Adventure
• Demonstrating Improvements
• Administrative Passes
• Day Pass Extensions
• Free Areas - Policy Change!
• Free Days - Policy Change!
• Recreation Fee Compliance & Enforcement - Policy Change!
• Fee Requirements in Roadside Parking Situations
• Working with Concessionaires

Categories of Landscape, Facilities and Services (Forest Service Interim Implementation Guidelines)

With the passage of REA on December 8, 2004, the criteria for charging fees changed. This is creating some confusion in the application of fees and the pricing for use of similar facilities and services. The Forest Service "Interim Implementation Guidelines" were developed to create common definitions and standards for how we apply fees under the new law. The guidelines for charging a recreation fee:

1. No charge (areas, sites, and services). The majority of National Forest lands, sites and services will remain free!

2. Standard Amenity fees. For certain areas and sites which have the 6 standard amenities. Examples are National Volcanic Monuments, destination visitor and interpretive centers, developed day-use sites; and use of High Impact Recreation Areas (HIRAs).

3. Expanded Amenity fees. These fees may be charged for special facilities, programs and services, like highly developed campgrounds and boat launch facilities, reservation and facility rental programs, and guided tours.

4. Special Recreation Permits (SRPs) may be required as a means to allocate capacity, disperse use, protect natural and cultural resources, provide for visitor health and safety, and help cover the high cost of providing specialized services.

Keeping it simple! In the Angeles, Cleveland, Los Padres and San Bernardino national forests, the Adventure Passes and America the Beautiful Interagency Passes cover fees required in most day-use areas, HIRAs and areas where SRPs are required. Exceptions will be posted on-site, or included in the listing at Designated Recreation Sites.

To view the full text of the guidelines, go to Forest Service Implementation Guidelines. (PDF, 33 pages)
To view a list of recreation sites where fees are required, go to Designated Recreation Sites.
To view a list of HIRAs and SRP areas, go to High Impact Recreation Areas.

Pass Availability

One of the unique features of the Adventure Pass program is the participation of private vendors: small and large local businesses that sell the pass in more than one hundred communities near the forests. The idea behind the vendor program is to make it easy and convenient to purchase an Adventure Pass in advance of a trip to the forest.

 Online Sales! Buy passes online anytime! Service begain February 2008!

The public can access the forests in many ways. We cannot rely entirely on a vendor system, so we have implemented other ways to improve pass availability. Many Ranger Stations have expanded their weekend hours to improve visitor service, and traditional “fee tubes” have been installed in some remote areas. Credit & Debit card are now accepted for payment for passes ordered by phone or mail. The Forest Service is testing the feasibility of vending machines at certain locations. Visit the Pass Options section for more information.

America the Beautiful Interagency Passes - Your National Passports to Adventure

While most of the visitors to the National Forests primarily recreate locally, some visitors who travel extensively appreciate being able to purchase a national pass. The Golden Passports served this purpose until January 1, 2007, when they were replaced by the new America the Beautiful Interagency Passes, which are now accepted nationwide for payment of standard amenity fees. Here locally, almost all locations where the Adventure Pass is required also accept the new Interagency Passes. Additionally, the Interagency Senior and Access Passes are good for a 50% discount on certain expanded amenity fees like campgrounds. Check our Pass Options section to see if one of these passes is right for you.

What changed? REA authorized an entirely new national pass program. America the Beautiful Interagency Passes has replaced the Golden Passport and National Park Pass programs. Golden Age and Access benefits are preserved under the new Interagency Pass Program.

Demonstrating Improvements

It is quite a challenge to show the public where their Adventure Pass fees are invested. An important message is that "sometimes it's what you don't see that counts." While clearly visible improvements have been made to many trails and aging facilities, a high percentage of pass revenue is invested in the custodial services for standard amenities the public expects—such as cleaning restrooms and fire-rings, picking up litter, repairing repeated vandalism and providing field rangers to accomplish the work. Forest visitors want their public lands to be clean and their facilities in good repair, and frequently notice only if they are not well-maintained. Visit the Your Fees at Work section for more details about how fee revenues are invested in forest recreation and resource programs.

Administrative Passes

National Forests are visited for many purposes, and we realize that people visit their public lands for reasons other than to recreate. For that reason we provide an "Administrative Pass" program. These passes are issued as a convenience, free of charge. Administrative passes are available at all Forest Service offices and can be requested through the mail. Visit the Question & Answer section

Day Pass Extensions

In response to public suggestions, we have extended the "life" of a Day Pass until 10:00 a.m. the next day. This allows backpackers and others who park at trail heads in HIRAs or other designated fee sites to use only one pass for an overnight visit.

Free Areas

In May of 2004, four “Free Areas” were designated in the southern California National Forests.

What will change? The enactment of REA made the idea of "Free Areas" unnecessary. The fee program has been redesigned under the authority of REA. The redesign reduces the area where fees are required on these forests to less that 20% of what it was previously. Therefore, more than 80% of these forests no longer require a fee.

Free Days

During 1999 the Forest Service designated 12 "Free" Days per year when the Adventure Pass is not required. This was done to ensure that people who felt they could not afford a pass had several opportunities annually to visit the forests without having to pay a fee. This policy was still in affect during 2005.

What changed January 1, 2006? The Federal Lands Recreation Enhancement Act (REA) eliminated the "need" for Free Days. More than 80% of these forests no longer require fees. Beginning January 1, 2006, two Free Days were authorized per year.

The dates coincide with National Trails Day (June), and National Public Lands Day (September). The dates are usually announced near the first of each calendar year.

Another change September 8, 2006! The Secretaries of Agriculture and Interior announced that Veterans Day November 11th will be a new permanent Free Day. Now there are three (3) Free Days annually. The new Veterans Day Free Day will always be observed on November 11th regardless of the day of the week upon which it falls.

If you accidentally validate your Daily Adventure Pass for a "free" date, you may exchange it for a new Day Pass at any Forest Service office in Southern California. Campground and concessionaire fees still apply.

Visit the Take Pride in America Campaign!

Recreation Fee Compliance & Enforcement

The objective of the recreation fee compliance program is to inform and educate visitors to the need for recreation fees. Field Rangers are trained to use their discretion in these situations, and will often rely on verbal information rather than written warnings make the point.

During the development phase of the fee program, planners recognized that a large number of forest visitors are “new” to the forest on any given day (20% on average). These new visitors have little familiarity with local rules upon arrival, in particular the requirement for displaying the passes. A very unique compliance program was developed. A warning notice called the “Notice of Required Fee” (NRF) was designed that educates "first time" visitors to the fee requirement, while allowing for the fee to be paid after-the-fact. The enforcement option is reserved for the “habitual violators”, those who repeatedly fail to take care of their warning notices. Repeat violators expect the law-abiding visitors to carry the financial burden of paying for the benefits they automatically enjoy while visiting the forest.

The Adventure Pass Fee Compliance program is educational and informative. It is not punitive! The facts are these:

Since the Notice of Required Fee program began in May 1998, more than 325,000 of these warnings have been issued. Less than 5,900 of the warnings have been issued to about 1600 repeat violators (persons with 3 or more warnings). That means less than 2% of all warnings are issued to persons considered to be habitual, repeat violators. More than seventy percent (70%) of all warnings are paid promptly by the recipients of the warning notices. Since 1998, less than one-hundred (100) repeat violators have received a Violation Notice (a citation with a maximum fine of $100). Most of those who received actual citations pay their fines through the mail. Two of these cases have gone to trial in US District Court, where both defendants were found guilty. One defendant appealed his case to the US 9th Circuit Court, where his original conviction was upheld.

A class action lawsuit was filed in US District Court that alleged the Forest Service had illegally charged recreation visitors the Adventure Pass fee. This lawsuit was dismissed by a Federal Judge "with prejudice" (it cannot be refiled, but the plaintiffs can appeal).

What will change? The Recreation Fee program will be enforced. Repeat violators are now subject to receiving a Violation Notice if caught not displaying proof of payment (pass or permit) of the required fee. Section 12 of the Federal Lands Recreation Enhancement Act requires the agency to enforce payment of the fees authorized by the Act. Registered owners and vehicle occupants may be jointly liable for the penalty, which is $100 for the first offense of nonpayment of 36CFR Sec 261.17. The fines can escalate for subsequent offenses of nonpayment.

Fee Requirements in Roadside Parking Situations

Many people use highways and roads through the national forests for commuting or sightseeing, without engaging in other recreation activities. Travelers park briefly to stretch their legs or enjoy the sunset along these routes. Some travelers have expressed concern that they will be "cited" for not having a pass. The Adventure Pass is required to be displayed on a recreationists parked vehicle along highways and other roads on national forest lands inside the boundaries of HIRAs, and in designated recreation fee sites. To view a listing, go to High Impact Recreation Areas, or Designated Recreation Sites.

In all roadside parking situations, Forest Officers who check fee compliance are trained and expected to use their discretion. No pass is required for activities incidental to through-travel, like taking a photograph, using a restroom, or in the case of a personal emergency or a vehicle breakdown. Passes are not required for short-term parking at designated overlook, view point or vista sites. If the officer's evaluation leads them to conclude that the vehicle is parked for recreation use purposes for an extended period of time, the officer may issue the Notice of Required Fee (a warning notice), or in the case of a "repeat violation", the Violation Notice ($100 maximum fine).

Working with Concessionaires

The Forest Service is attempting to improve public service and better maintain facilities with a shrinking federal work force. Therefore many developed recreation sites in the national forests are now managed by private concessionaires in partnership with the Forest Service. These concessionaires charge their own recreation fee for the areas they manage. This "checkerboard" application of fees is confusing for the public. Recreation program managers have been working with concessionaires to implement a "one pass" approach where possible, such as in the popular Santa Ynez Recreation Area of Los Padres National Forest.

Sites operated by concessionaires will honor Recreation Passes according to the conditions of their permits. Each concessionaire site is a little different so it is important for visitors to check ahead with the local forest. For further information, go to Designated Recreation Sites.