Our Klamath Basin Water Crisis Upholding rural Americans

Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
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WESTERN SLOPE NO-FEE COALITION

BLM FEE DEMO FINE GOES TO $5,000

2/7/04 The Department of Interior has issued the Final Rule in the Federal Register on 2.6.04 making changes to the Fee Demo program within the BLM. These new rules incorporate, by administrative decision, much of the language that was introduced in Regula's HR 3283 permanent Fee Demo bill. Much of this administrative act has to do with enforcement and we expect the Forest Service to follow suit. The new rules will become effective in April. The Department of Interior is bypassing Congress in its attempt to make Fee Demo permanent.

The administrative changes would:

* Change the Congressional $100.00 limit on fines for accessing public lands without a pass to $5,000.00 for an individual.

* Changes Penalties for organizations without a Recreation Permit for an event/gathering to $10,000.00.

* Make individuals guilty until proven innocent.

*make the registered owner of vehicle responsible for the penalty, even if someone else was using the vehicle.

These changes to the Fee Demo program are meant to improve compliance, but they represent cruel and unusual punishment. A $5,000 fine for walking or driving on PUBLIC land IS cruel and unusual punishment. All for a $5.00 fee.

The only way to stop this is through an act of Congress.

On Wednesday, February 11 at 10:00 the Senate Energy and Natural resources Committee will be marking up S.1107 which makes permanent the Fee Demo program for the National Parks Only. We need your organizations help in adding an amendment that would specifically kill the program in the Forest Service, BLM, and USFWS. Please contact us if you help.

Many member oriented organizations have been silent on this issue or have supported a limited Fee program. Many of the members of those groups have had to turn to the Western Slope No-Fee Coalition for leadership in the fight against this land access tax. It is now that those individuals and the WSNFC needs your groups action.

The Department of Interior and the Forest Service has taken a hard line position concerning permanence of Fee Demo. They have been relentless in their pressure on members of the Energy Committee for the same language that appears in HR 3283 to be added to S.1107.

The ONLY way to stop these extremely abusive rules is to end Fee Demo for the Forest Service, BLM, and USFWS. The ONLY time to end Fee Demo is on Wednesday the 11th.

Please help us get an amendment to S.1107 that ends the Fee Demo Program in the three agencies.

Please contact me if I can be of any assistance.

Sincerely,
Robert Funkhouser, President
Western Slope No-Fee Coalition
rfunk9999@earthlink.net
802-867-2298

Here are the penalties from the USC...

18USC3571(b)(7) is an infraction with a $5000 max fine

http://www4.law.cornell.edu/uscode/18/3571.html

TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER C > Sec. 3571. Next Sec. 3571. - Sentence of fine

(a) In General. -

A defendant who has been found guilty of an offense may be sentenced to pay a fine.

(b) Fines for Individuals. -

Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of -

the amount specified in the law setting forth the offense;

the applicable amount under subsection (d) of this section;

for a felony, not more than $250,000;

for a misdemeanor resulting in death, not more than $250,000;

for a Class A misdemeanor that does not result in death, not more than $100,000;

for a Class B or C misdemeanor that does not result in death, not more than $5,000; or

for an infraction, not more than $5,000.

(c) Fines for Organizations. -

Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of -

the amount specified in the law setting forth the offense;

the applicable amount under subsection (d) of this section;

for a felony, not more than $500,000;

for a misdemeanor resulting in death, not more than $500,000;

for a Class A misdemeanor that does not result in death, not more than $200,000;

for a Class B or C misdemeanor that does not result in death, not more than $10,000; and

for an infraction, not more than $10,000.

(d) Alternative Fine Based on Gain or Loss. -

If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.

(e) Special Rule for Lower Fine Specified in Substantive Provision. -

If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.

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