Assemblyman Brett Granlund (R – Yucaipa), announced that he has received a legal opinion from the California Legislative Counsel that confirmed his position that California residents do not have to have a National Forest Adventure Pass to park on the state highways right-of-ways within a national forest.

Granlund’s 65th Assembly District, including Big Bear City, Running Springs, Angelus Oaks and other communities in and around the San Bernardino National Forest, has received hundreds of telephone calls and a petition that contained more than 8,000 signatures from residents and visitors complaining about the new unfair taxation.

The National Adventure Pass program requires a $5 daily, or $30 annual, pass for any vehicle that is parked along the roadway to display the pass in their vehicle.

Granlund said the opinion stated: "The Forest Service of the United States Department of Agriculture may not issue a citation for a violation of the fee provisions of the federal Recreational Fee Demonstration Program for a vehicle that is parked on the right-of-way of a portion of State Highway Route 38 within certain National Forests without displaying a National Forest Adventure Pass, unless there are additional facts indicating that a recreational use of the forest has occurred."

The opinion gave an example that persons driving on State Highway 38 from Big Bear City en route to the City of Redlands could have their vehicles break down on the state highway right-of-way within the forest and leave the vehicles in order to search for assistance.

Another example Counsel Gregory cited was a person who might become drowsy while driving through the forest, park his or her vehicle by the side of the highway and go for a walk in order to stir himself or herself awake, all without leaving the highway right-of-way.

During this year's Legislative session, Granlund authored a resolution that requested that the U.S. Congress rescind the Forest Service's authority to sell passes and issue $100 citations to violators of the program.

Assembly Joint Resolution (AJR) 77 encourages the president and the Congress of the United States to enact the Forest Tax Relief Act, authored by Representative Mary Bono. AJR 77. was unanimously passed by the state Assembly and Senate and approved by the governor.

The opinion said that, at a minimum, any citation would need to include additional facts indicating that a recreational use of the forest has occurred, such as: a statement that the alleged violator was observed walking into the forest after having parked the vehicle.

Granlund said that .the opinion cited a similar case addressed by a federal court, (U.S. vs. Maris) where the court held that merely driving through a national forest was not a recreational use.

Granlund said this opinion was valid on any state road through all national forest land and Highway 38 was only used as an example. He also said that it is the job of the Forest Service to prove that a recreational use happened. To the best of his knowledge, the U.S. Forest Service and the State of California have never signed any agreement on this issue.

"This fee program," said Granlund, "is a recreational pass and not a vehicle pass. It is the obligation of the Forest Service to give citations to people not vehicles."