Usfs

The Federal Lands Recreation Enhancement Act (“REA”) prohibits the United States Forest Service from charging fees “[sjolely for parking, undesignated parking, or picnicking along roads or trail-sides,” for “hiking through ... without using the facilities and services,” and “[f]or camping at undeveloped sites.... ” 16 U.S.C. § 6802 (d)(1)(A), (D) & (E). Despite these clear prohibitions, the Forest Service collects fees from all drivers who park their vehicles in a mile-wide piece of the Coronado National Forest running along the 28-mile Catalina Highway, the only paved road to the summit of Mount Lemmon, a heavily used recreational area an hour’s drive from downtown Tucson, Arizona.

Four recreational visitors sued, seeking a declaration that the Forest Service was exceeding the scope of its authority under the REA by charging fees to those who drive to Mount Lemmon, park their cars, then picnic, hike, or camp in nearby undeveloped areas. Plaintiffs also sought to enjoin the Forest Service from collecting such fees. The district court granted defendants’ Rule 12(b)(6) motion to dismiss. Plaintiffs appealed. Because plaintiffs are correct that the Forest Service’s fee…