If you cannot read this html-formatted special newsletter, please copy and paste the following address in your browser. http://www.americaoutdoors.org/html-article/vol5num12.htm. Or contact AO at info@americaoutdoors.org. A text copy will be sent to you.

header

America Outdoors E-Bulletin
October 24, 2005


 
Contents:
AO Has Copy of Court Order Prohibiting Yough Amusement Tax Court Clarifying Order Reinstates Outfitter Permits In National Forests
Make Plans Now for America Outdoors' Confluence in Reno    

AO Has Copy of Court Order Prohibiting Yough Amusement Tax
  AO has obtained the Court Order in The Borough of Ohiopyle v Wilderness Voyageurs et al that invalidated the amusement tax levied on Youghiogheny outfitters' guided trips. The last paragraph of the ruling says it all.

"In light of the law concerning the Youghiogheny's "navigable" status and the public document known as 33 U.S.C. §the Rivers and Harbors Appropriations Act of 1884, as amended by the Maritime Security Act of 2002 (hereinafter "the Act"), the Court finds that said river as it runs through the Borough of Ohiopyle is navigable and under federal jurisdiction pursuant to the Act, thus precluding the borough from levying a tax on the use of the river."

Contact dbrown@americaoutdoors.org for a copy of the ruling.
   
Court Clarifying Order Reinstates Outfitter Permits In National Forests
  In response to an appeal by the plaintiffs in Earth Island Institute v Ruthenbeck the District Court has clarified its order requiring public notice, comment and appeal prior to the issuance of Categorical Exclusions for certain special use permits. The order reinstates permits that were suspended by the Forest Service in response to the Court Order. The Court ordered the Forest Service to revert to an earlier rule, which does not require public notice, comment and appeal for issuance of categorical exclusions for outfitter and guide permits. The Court's order specifically states that the Forest Service need not suspend "continuation of minor, short-term special uses of National Forest System lands, such as for state-licensed outfitters or guides, or approving gathering forest products for personal use." The order lists ten actions that require notice, public comment and appeal prior to issuance of a CE. Outfitting and guiding permits are not on the list of actions. AO thanks the Sierra Club for their efforts to get this clarification. One hundred and fifteen outfitter permits had been suspended by the Forest Service and all future permits, where a CE was required, would have been subject to a four month public notice, comment and appeal process. For now, we are in the clear.
   
Make Plans Now for America Outdoors' Confluence in Reno
  Book your airline travel to Confluence in Reno before the cheaper seats get taken and prices go higher. Southwest Airlines, 800-435-9792, flies into Reno for those of you near a Southwest terminal. You may also comparative shop on Orbitz http://www.orbitz.com or Sidestep http://www.sidestep.com . Fares may vary from one search to the next.

Register for Confluence online and check out the agenda and program briefs. Click here to register online.
  Return to top of page

America Outdoors® Inc., PO Box 10847, Knoxville, TN, 37939

America Outdoors Staff Title E-mail address
David L. Brown Executive Director dbrown@americaoutdoors.org
Robin Brown Communications Director
Mary Haynes Administrative Assistant
Office Phone 865-558-3595
Office Fax 865-558-3598