United States v. Terry Dahl

I.INTRODUCTION

After receiving numerous notices of noncompliance from the United States Forest Service (“USFS”), Terry Dahl was cited for failure to pay a $5.00 recreational fee discussed further below. He was tried and convicted of violating 36 C.F.R. § 261.15 , and ordered to pay a special assessment of $10.00 and restitution of $5.00. On appeal, he challenges USFS’s authority to charge a recreational fee on numerous grounds. We have jurisdiction, 28 U.S.C. § 1291 , and affirm, but remand for the limited purpose of amending Dahl’s judgment of conviction to reflect that his conviction is for an Infraction, and not a Class B Misdemeanor.

II.FACTS

In 1996, Congress enacted the “Recreational Fee Demonstration Program.” Pub.L. No. 104-134, § 315 , 110 Stat. 1321 , 200-02 (codified as amended as a note to 16 U.S.C. § 4602 — 6a) (“Act” or “recreational fee program”). Under the Act, USFS and three other agencies were required to develop a pilot program to “charge and collect fees for ... use of outdoor recreation sites.” Pub.L. 104-134, § 315 (a), (b)(1). Congress instructed USFS to “carry out this section without promulgating regulations,” and “[t]he authority to collect…