Summary
The Tenth Circuit held that the Forest Service could charge Thomas Alpern a recreation fee for parking in developed Maroon Valley parking lots under the Federal Lands Recreation Enhancement Act. The court interpreted the statutory prohibition on fees charged solely for parking, undesignated parking, or picnicking along roads or trailsides as not applying to designated developed parking areas containing the statutory amenities, and affirmed the district court.
Topics
Practice areas
Questions Presented
- Whether 16 U.S.C. § 6802(d)(1)(A) prohibits the Forest Service from charging a fee to a visitor who parks in a developed parking lot solely to access trails, even when the lot contains all six amenities identified in § 6802(f)(4).
- Whether the phrase "along roads or trailsides" modifies each item in the series "parking, undesignated parking, or picnicking" in § 6802(d)(1)(A).
- Whether a visitor who parks in a developed lot necessarily uses or benefits from the lot's security services for purposes of the REA.
Holdings
- The Forest Service may charge a standard amenity recreation fee to a visitor who parks in a developed parking lot containing all six amenities listed in § 6802(f)(4), even if the visitor claims not to use most of those amenities.
- The phrase "along roads or trailsides" modifies each term in the series "parking, undesignated parking, or picnicking." Section 6802(d)(1)(A) therefore prohibits fees for parking along roads or trailsides, not for parking in a developed parking lot.
- Parking in a developed lot with the statutory amenities does not constitute parking along a road or trailside merely because the lot provides access to trails.
Key quotations
“Section 6802(d)(1)(A) prohibits charging fees “[s]olely for parking . . . along roads or trailsides[,]” something Alpern does not do.” (at 2)
“For these reasons, we conclude that the statute prevents charging a visitor “solely for parking . . . along roads or trailsides.”” (at 7)
“Because Alpern parks in § 6802(f)(4) parking lots, the Forest Service has authority to charge him the user fee.” (at 12)
Factual background
Maroon Valley in Colorado's White River National Forest contains three developed parking lots, each with designated parking, permanent toilets, trash receptacles, interpretive signs, picnic tables, and security services. Visitors generally pay a $10 fee to enter and park in one of the lots, while persons merely driving through or briefly stopping at a scenic pullout are not charged. Alpern paid the fee to park while accessing trails and wilderness areas, although he asserted that he did not use most of the listed amenities.
Procedural history
The United States District Court for the District of Colorado rejected Alpern's challenge to the fee program as applied to him. Alpern timely appealed, and the Tenth Circuit exercised jurisdiction under 28 U.S.C. § 1291. The Tenth Circuit affirmed the district court and dismissed the case.