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Forest Service Responsibility

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June 19, 2002 12:05PM
This is a letter DCHS, Inc. sent to the Forest Service just prior to the opening of public lands after the Willow Fire. By the way, the Forest Service has not responded to any of my letters.

This is where you arrive at the Bermuda Triangle: The Forest Service, the Bureau of Land Management and the San Bernardino Sheriff's Department. All of these agencies have been made aware of the alleged violence involving Mike Castro. All of these agencies have declined to take appropriate action.

I believe that the Forest Service has been negligent with regard to protecting the American public in the area. I think that requesting an increase in random patrols of the area is a reasonable request. At least if there were some law enforcement presence, it would discourage criminals.

As stated I have provided the contact information at the Forest Service under the "empowerment link" on the main page. Ms. Allison Stewart is the head of law enforcement for the Deep Creek Area.

Deep Creek Hot Springs, Inc.
7066 Andes Trail
Apple Valley, CA 92308

May 1, 2000


Ms. Ruth Wenstrom
Public Affairs Officer
U. S. Forest Service
1824 S. Commerce Center Circle
San Bernardino, CA 92408-3430

Re: Issues relating to Public access to Deep Creek

Dear Ms. Wenstrom:

The purpose of this letter is to establish that the Forest Service has a responsibility to the American public who are accessing Forest lands. When the American public accesses the Deep Creek area, they are on a Forest Road which serves the National Forest System.

As stated in the San Bernardino National Forest Land and Resource Management Plan, FINAL MANAGEMENT PLAN, page A-11, "Forest Road or Trail (Legal Definition). A road or trail wholly or partly within, or adjacent to, and serving the National Forest System and which is necessary for the protection, administration and utilization of the National Forest System and the use and development of its resources.

Due to the misrepresentations and lack of cooperation concerning access on the part of the Bureau of Land Management, the stage was set for violent conflicts over access. As a consequence, the American people in the Deep Creek area have been deprived of their enjoyment of these resources. These people are accessing land within the National Forest through a road and trail system which connects past this private land. The United States Code calls for prompt and coordinated action to develop and utilize these resources between the Forest Service and the Bureau of Land Management.

United States Code, Title 16, Chapter 1, Sec. 460l states " The Congress finds and declares it to be desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and that it is desirable for all levels of government "to take prompt and coordinated action to the extent practicable to develop, and utilize such resources for the benefit and enjoyment of the American people."

In the San Bernardino National Forest Land and Resources Management Plan, there are provisions relating to providing adequate law enforcement to protect the public. The Management Plan addresses increased need for law enforcement due to population growth and encouragement of dispersed camping. Professional law enforcement is needed to ensure compliance with laws and regulations and that illegal activities including felonies and misdemeanors. Based on personal experience, statements from others and documentation, I would suggest that the level of law enforcement in this area has been less than adequate and not applied equally under the law.

SAN BERNARDINO NATIONAL FOREST LAND AND RESOURCES MANAGEMENT PLAN: "Provide a level of law enforcement that ensures compliance with laws and regulations, and provides for the protection of Forest employees, Forest resources, and the public. Maintain cooperation with other law enforcement agencies.

..huge influx of weekend and holiday visitors and recreationists from the metropolitan areas of Southern California. Illegal and unauthorized activities on forest lands include most felonies and misdemeanors. Theft and destruction of Government property are frequent. Recreation sites are continuously vandalized. The demand for professional law enforcement will continue to grow commensurate with population growth. There is an opportunity to more fully utilize Forest employees, particularly in prevention and public education programs.

There will be an increased emphasis on law enforcement. Visitors to the Forest are expected to increase as ..dispersed camping is encouraged. Increased emphasis and facilities for hiking, horseback riding, and off-highway vehicle use are also likely to increase need for enforcement of laws and regulations.

Support all functions to minimize resource/property damage and conflicts on the Forest. "

Deep Creek Hot Springs, Inc. asserts that there is no reasonable justification for requiring the American public to park on private land of the Bowen Ranch in the Deep Creek area. There are adequate and appropriate public lands to the west of the Bowen Ranch off of Route 2 which are suitable for parking. In light of the serious allegations that have been brought to your attention concerning the individual at the Bowen Ranch, the Forest Service would be carelessly negligent to agree to the public parking at the Bowen Ranch.


A decision favorable to that scenario could be considered a violation of United States Code, Title 42, Chapter 21, Sec. 1986.

"Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable.."
United States Code, Title 42, Chapter 21, Section 1985, Conspiracy to interfere with civil rights (3) Depriving persons of rights or privileges, "If two or more persons in any State conspire or go in disguise on the highway, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action"

The safety of the American public should be your highest concern when making this important decision. We call on you to protect the citizens of America by requiring a parking lot on public land, upgrading Route 2 (reasonable public access), and providing a sensible law enforcement presence. Deep Creek Hot Springs, Inc. would like to have some public meetings with members of the Forest Service to discuss their concerns and have active participation in implementing these requests These matters do involve life and death considerations that could harm innocent people. These hotsprings are published in many books and are internationally known. If a foreign traveler were to be accidentally injured, that would be a violation of Title 28, Part II, Chapter 33, Sec. 540A. Thank you in advance for your patience and understanding that will be needed now and in the future.

Sincerely,



Gail C. Fry, Director
Deep Creek Hot Springs, Inc.
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Forest Service Responsibility

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