U.S. Forest Service, Janet A. Zeller
September 6, 2007   [Hearing Testimony]


JANET ZELLER: THANK YOU. I APPRECIATE THIS OPPORTUNITY FOR THE FOREST SERVICE TO SHARE SOME OF OUR LESSONS LEARNED AS WE HAVE DEALT WITH ACCESSIBILITY GUIDELINES. I'M JANET ZELLER. I'M THE NATIONAL ACCESSIBILITY PROGRAM MANAGER FOR THE FOREST SERVICE. I SERVED ON THE TEAM WITH THE FOREST SERVICE THAT WORKED WITH THE REGNEG COMMITTEE FROM 1997 TO 1999 AND I CO-AUTHORED THE OUTDOOR SERVICE, FOREST SERVICE TRAIL ACCESSIBILITY GUIDELINES AND THE GUIDEBOOK FOR DIRECTION OF TRAILS. IN DENVER, RUTH DOYLE AND THERESA MARTINEZ SHARED WITH YOU SOME OF THE FOREST SERVICE CONCERNS ABOUT THE AREAS. TIP RAY AND I ARE GOING TO PRESENT TODAY ON OTHER ISSUES THAT THE FOREST SERVICES BRING FORWARD, OTHER LESSONS WE HAVE LEARNED, VERY SPECIFICALLY, DIFFERENT AREAS SO WE WON'T BE REDUNDANT FOR YOU.

FIRST- A QUICK OVERVIEW OF WHAT WE ARE TALKING ABOUT IN THE RECREATION PROGRAM FOR THE FOREST SERVICE WITH 175 NATIONAL FORESTS AND GRASS LANDS ON 193 MILLION ACRES, 406 CONGRESSIONAL AREAS, 133,000 MILES OF TRAILS, LOTS OF WILD AND SCENIC RIVERS, AND 18,000 DEVELOPED RECREATION SITES, AND YOU NEED TO KNOW THAT ONE CAMP GROUND IS CONSIDERED ONE DEVELOPED RECREATION SITE. NO MATTER HOW MANY CAMPING UNITS ARE IN THERE SO THERE'S LOTS OF THOSE AND WE HAVE OVER 200 MILLION VISITORS EACH YEAR, 6.2 PERCENT OF THE GROUPS OF MORE THAN ONE INCLUDE SOMEONE WHO HAS A DISABILITY IN THEIR PARTY.

FOLKS ARE LOOKING FOR A RANGE OF OPPORTUNITY, AND THAT IS REALLY CRITICAL BECAUSE FOLKS WHO RECREATE ON THE NATIONAL LANDS ARE LOOKING FOR EVERYTHING FROM HOT SHOWERS AND PAVED AREAS TO THE REALLY REMOTE AREAS WHERE THEY CAN HAVE A COMPLETELY DIFFERENT KIND OF EXPERIENCE. THOUGH IF THERE IS A TOILET OR OTHER STRUCTURE, NO MATTER WHERE WE PUT IT, IT IS TO BE AN ACCESSIBLE STRUCTURE.

WITH THE FOREST SERVICE, SINCE '93, WE ESTABLISHED A REGULATION DEALING WITH UNIVERSAL DESIGN ACCESSIBILITY. AND THEN IN 2000, WE BEGAN USING THE '99 DRAFT GUIDELINES FROM THE REGNEG. SINCE THEN WE HAVE INCORPORATED BOTH OF THOSE INTO OUR OWN FOREST SERVICE GUIDELINES.

THE FOREST SERVICE OUTDOOR RECREATOIN GUIDELINES AND THE FOREST SERVICE TRAIL GUIDELINES. I'M GOING TO TALK ABOUT THE DEVELOPED RECREATION ASPECTS, AND TIP WILL TALK ABOUT TRAILS ISSUES. BECAUSE THE MAJORITY OF THE WORK ON FOREST SERVICE LAND TRAILS ARE COVERED BY OUR TRAIL PARTNERS, SO WE ASK THOSE WHO HAVE WORKED WITH OUR TRAIL PARTNERS OR OUR TRAIL PARTNERS THEMSELVES TO SPEAK TO THE TRAILS ISSUES.

NOW, WE HAVE HEARD THE CONCERN THAT THERE IS TOO MUCH WIGGLE ROOM IN THE GUIDELINES FOR OUTDOOR RECREATION AREAS. THAT IT IS TOO EASY TO STEP AROUND THEM. AND THAT IS ONE OF THE ISSUES I WANT TO TALK WITH YOU ABOUT.

THE LESSON THE FOREST SERVICE HAS LEARNED IS THAT UNIVERSAL DESIGN GETS RID OF THE “DO AS LITTLE AS WE HAVE TO” MODE OF THINKING AND THAT UNDER UNIVERSAL DESIGN, WITHIN THE FOREST SERVICE, EACH PICNIC TABLE, EACH FIRE RING, PURCHASED OR CONSTRUCTED IS REQUIRED TO BE ACCESSIBLE. THOSE ACCESSIBLE ELEMENTS WORKED WELL FOR EVERYONE AND IT MEANS THE VISITOR GETS TO CHOOSE WHERE THEY WANT TO CAMP, OR WHICH PICNIC TABLE THEY WANT TO USE, NOT JUST THE ONES WHAT THE AGENCY DECIDED THEY WERE GOING TO PUT OUT TO MEET A MINIMUM REQUIREMENT.

IT ALSO SIMPLIFIES THE PURCHASING AND PLACEMENT OF THESE ELEMENTS BECAUSE YOU ARE ONLY PURCHASING ONE TYPE. SO UNIVERSAL DESIGN IS SIMPLY MAKING SURE THAT ALL OF THOSE PIECES ARE IN PLACE. EACH CAMP SITE CONSTRUCTED OR ALTERED ALSO MUST HAVE A FIRM AND STABLE SURFACE. AND CLEAR PASSAGE OF COURSE. BUT WHAT WE HAVE DISCOVERED ABOUT FIRM AND STABLE SURFACES IS IT'S A BETTER SURFACE FOR EVERYONE. ALL SITES ARE ALSO ACCESSIBLE, BUT THAT IS A SUSTAINABLE SURFACE. IT MEANS LESS MAINTENANCE, AND LESS MAINTENANCE FOLKS MEANS LESS COST. AND THAT MEANS A LOT TO FEDERAL AGENCIES THESE DAYS.

WE HAVE ALSO DISCOVERED THROUGH THE FOREST SERVICE REGULATORY IMPACTS ANALYSIS, AS DID THE ACCESS BOARD'S IMPACT ANALYSIS, SHOWED THAT THERE IS NO SIGNIFICANT INCREASE IN OVERALL SITE COSTS DUE TO ACCESSIBILITY. IT'S BETTER CUSTOMER SERVICE; OUR 15 YEARS OF APPLYING UNIVERSAL DESIGN HAVE SHOWED US THROUGH OUR NATIONAL VISITOR USE MONITORING THAT 89.9 PERCENT OF VISITORS REPLY THAT THEY FIND FOREST SERVICE FACILITIES TO BE ACCESSIBLE. AND THAT IS IF THERE IS SOMEONE WHO HAS A DISABILITY IN THEIR GROUP.

SO AS FAR AS TOO MUCH WIGGLE ROOM GOES, WE SAY 100 PERCENT SCOPING OF THE ELEMENTS GETS RID OF THE “DO AS LITTLE AS YOU HAVE TO MODE” OF THINKING. THE FOREST SERVICE, BUREAU OF RECLAMATION, AND ARMY CORPS OF ENGINEERS HAVE ALL REQUIRED IT, AND WE THINK THAT THE FEDERAL AGENCIES SHOULD BE HELD TO THIS HIGHER STANDARD. THIS PHOTOGRAPH OF A CAMP GROUND SHOWS WHAT 100 PERCENT SCOPING MEANS. ALL OF THE ELEMENTS IN THE CAMP GROUND WILL BE ACCESSIBLE INCLUDING THE CAMP SITE ITSELF. BUT IT IS THAT VITAL PATH THAT LINKS THE RESTROOM TO THE CAMPING UNIT, THE WATER SOURCE TO THE CAMPING UNIT, THOSE OF COURSE ARE ACCESSIBLE TOO, THAT IS GOING TO BE REALLY IMPORTANT. THOSE ARE THE OUTDOOR RECREATION ACCESS ROUTES. THE INFAMOUS “ORAR’S”, AND WHEN IT COMES TO ORAR’S, WE BELIEVE THAT THE STANDARDS IN THE ACCESSIBILITY GUIDELINES AS DRAFTED ARE EXCELLENT FOR CONSTRUCTING “ORAR’S”, THAT IS A FIRM AND STABLE SURFACE WITH EASILY MAINTAINABLE SUSTAINABLE GRADES.

SO IN NEW CONSTRUCTION, THAT'S PERFECT, WE CAN DEFINE OUR CONNECTIONS AS WE NEED TO AND THEY HOLD UP REALLY WELL. HOWEVER, OUR PROBLEM IS WHEN WE HAVE TO RECONSTRUCT THE OLD SITES. YOU GET STUCK WITH TERRAIN YOU DIDN'T PICK AND THESE DAYS WE WOULDN'T PICK. BUT WHEN WE ARE ALTERING, RECONSTRUCTING THOSE OLD CAMP SITES, IT'S THE “ORAR’S” THAT ARE GOING TO GIVE US A PROBLEM. CURRENTLY WE ARE FINDING THAT FOR 4 PERCENT OF THE CAMPING UNITS IN RECONSTRUCTED CAMP GROUNDS, WE CAN'T COMPLY WITH THE “ORAR” PROVISIONS.

AND IN THOSE CASES, WE MAY ACTUALLY HAVE TO PUT IN STEPS. DESPITE THAT FACT, THOSE ARE VERY POPULAR CAMPING UNITS. INCLUDING AMONG FOLKS WHO HAVE DISABILITIES. THEY MAY BE UNITS THAT ARE MORE PRIVATE, MAY HAVE OTHER UNIQUE ASPECTS. REMEMBER UNDER UNIVERSAL DESIGN, THAT SITE IS ACCESSIBLE.

IT HAS A FIRM AND STABLE SURFACE. IT HAS ALL ACCESSIBLE ELEMENTS, IT IS THAT OUTDOOR RECREATION ACCESS ROUTE THAT IS GOING TO BE THE PROBLEM. SO WE SAY YOU NEED AN EXCEPTION WHEN YOU COME TO “ORAR’S” IN RECONSTRUCTED AREAS, BUT THERE GOES THAT WORD “EXCEPTION”.

THEN COMES THE QUESTION WILL EXCEPTIONS GET USED AS A WAY NOT TO MAKE ORAR’S TRAILS, ETC., ACCESSIBLE. LESSON LEARNED - THE FOREST SERVICE FOUND THAT WE CAN ENSURE THAT EXCEPTIONS AREN'T TAKEN QUICKLY AS A MEANS OF AVOIDING ACCESSIBILITY IF FOUR THINGS ARE IN PLACE. ALL OF THE FOUR THINGS. THEY INCLUDE COMMITMENT BY THE AGENCY, FUNDING TIED TO ACCESSIBILITY, INFORMATION, AND DOCUMENTATION. OF THE FIRST TWO, THESE ARE CLEARLY AGENCY DONE PIECES, NOT GUIDELINE DRIVEN. IT IS A COMMITMENT BY THE AGENCY FOR THE FOREST SERVICE. IT'S ENFORCEABLE AGENCY POLICY. IT HAS BEEN THROUGH PUBLIC COMMENT. AND IT IS ACCESSIBILITY OF RECREATION SITES THAT IS A KEY PERFORMANCE MEASURE OF THE ENTIRE AGENCY, AND THERE AREN'T MANY OF THOSE FOR THE AGENCY. THE RESULT IS THAT ACCESS INTEREST IS THE FOCUS OF EVERY EMPLOYEE AT EVERY LEVEL OF THE AGENCY. FUNDING IS TIED TO ACCESSIBILITY, YOU CAN'T GET FUNDING FOR ANY PROJECT IN THE FOREST SERVICE UNLESS YOU ADDRESS HOW IT IS GOING TO IMPROVE ACCESSIBILITY AS PART OF THE EXPENDITURE OF THAT MONEY.

THESE TWO THINGS NEED TO BE IN THE GUIDELINES. FIRST, THEY HAVE GOT TO BE EASILY UNDERSTANDABLE, AND READILY AVAILABLE TO EVERYONE. BY THAT, WE MEAN CLEAR GUIDELINES IN A USABLE FORMAT. FOR US IT WAS A CASE OF PUTTING OUR GUIDELINES IN TWO SEPARATE DOCUMENTS, THE TRAILS COMMUNITY REALLY WANTED A STAND-ALONE DOCUMENT THAT ONLY DEALT WITH TRAILS INFORMATION. AND IT IS WEB BASED WITH USER FRIENDLY HOW TO’S, SO THAT ANY PERSON ANYWHERE CAN QUICKLY GET ACCESS. FOR US IT IS TO OUR GUIDEBOOK ON OUTDOOR RECREATION AND TRAILS.
THE OTHER KEY PIECE IN THE GUIDELINES IS DOCUMENTATION. IF GUIDELINES CAN'T BE MET, THEN A SPECIFIC REASON WHY THEY CAN'T BE MET HAS TO BE WRITTEN DOWN, DATED AND SIGNED BY THE PERSON WHO MADE THAT DECISION.

AND IN THE FOREST SERVICE, IF YOU DECIDE YOU CAN'T DO SOMETHING THAT IS PART OF THE AGENCY DIRECTIVE, YOU ARE GOING TO BE QUESTIONED ABOUT IT. AND THAT PIECE HAS TO BE RETAINED AS PART OF THE PERMANENT FILE. SO PEOPLE CAN LOOK BACK IN YEARS AHEAD, AND SAY, WHY WAS IT DONE THIS WAY AND FIND OUT EXACTLY WHAT THE THINKING WAS.

WHAT WE HAVE LEARNED IN THE FOREST SERVICE, IS THAT WHEN THOSE PIECES ARE IN PLACE, ACCESSIBILITY BECOMES A PART OF EMPLOYEE PRIDE, AND VISITOR AND COMMUNITY SUPPORT IS ENGENDERED BY IMPROVED ACCESSIBILITY. EXCEPTIONS WILL HAVE TO BE TAKEN IN SOME SITUATIONS. WE ARE DEALING WITH THE OUTDOORS HERE, AND THERE ARE WILDLIFE HABITAT, THERE IS VEGETATION, SOIL AND WATER ISSUES. LOTS OF THINGS THAT HAVE TO BE TAKEN INTO CONSIDERATION IN ADDITION TO ACCESSIBILITY.

PHILIP PEARCE [BOARD MEMBER]: YOUR TIME IS ABOUT UP.

JANET ZELLER: THE ACCOUNTABILITY HAS TO BE THERE. AND ONCE ACCOUNTABILITY THROUGH THAT DOCUMENTATION IS THERE, ACCESSIBILITY BECOMES A STANDARD WAY OF WORKING AND THE RESULT IS THAT ACCESS IS INTEGRATED INTO THE WIDE RANGE OF RECREATION OPPORTUNITIES. THANK YOU.

PHILIP PEARCE: THANK YOU, MISS ZELLER FOR THE PRESENTATION AND I WANT TO COMMEND THE FOREST SERVICE FOR THE WORK THAT THEY HAVE DONE AND THE EFFORTS THAT THEY HAVE MADE IN MAKING THOSE FOREST LANDS ACCESSIBLE AND I WANT TO MAKE SURE THAT YOU KNOW THAT WE REALLY APPRECIATE THE WORK THAT YOU GUYS HAVE. ARE THERE QUESTIONS FROM ANY OF THE BOARD MEMBERS MISS ZELLER?

DOUG ANDERSON [BOARD MEMBER]: PUBLIC MEMBER. YOU HAD SAID THAT OF THE EXISTING CAMP SITES, 4 PERCENT COULD NOT BE MADE ASSESSIBLE?

JANET ZELLER: IN THOSE THAT WE ARE IN THE PROCESS OF RECONSTRUCTING. WE DISCOVER THEM AS WE GO AND WE KEEP STATISTICS AS WE GO, AND SO FAR OF THOSE THAT HAVE BEEN RECONSTRUCTED, WE HAVE FOUND 4 PERCENT OF THE UNITS WITHIN THE CAMP GROUNDS HAVE ENDED UP WITH STEPS.

DOUG ANDERSON: OKAY, ALL RIGHT.

JANET ZELLER: SO IT IS 4 PERCENT OF THE UNITS, NOT NECESSARILY 4 PERCENT OF THE CAMP GROUNDS.

DOUG ANDERSON: RIGHT. SO 96 PERCENT OF THEM HAVE HAD SOME LEVEL OF SUCCESS.

JANET ZELLER: RIGHT.

DOUG ANDERSON: OKAY, THANK YOU.

DAVID PARK [DEPARTMENT OF INTERIOR LIAISON TO THE BOARD]: JANET I WAS JUST INTERESTED IN AND WE HAVE HAD THIS DISCUSSION BEFORE ABOUT THE REQUEST FOR DOCUMENTATION. IF YOU DECIDE YOU CAN'T DO IT. IN YOUR EXPERIENCES AND THE TIME THAT YOU HAVE BEEN REQUIRING THAT DOCUMENTATION, OBVIOUSLY, THERE ARE PLACES IN SOME OF OUR ENVIRONMENTS THAT WE KNOW WE ARE NOT GOING TO BE ABLE TO BE MADE ACCESSIBLE. AND DO YOU HAVE ANY STATISTICS OR ANY NUMBERS ON HOW MANY OF THOSE THAT WERE DECIDED YOU COULDN'T MAKE, AND THEREFORE THEY HAVE THE DOCUMENTATION IN THE FILES?

JANET ZELLER: WE DON'T HAVE THAT. WE HAVE NOT KEPT A PERCENTAGE TRACK ON THAT. OUR PERCENTAGES ARE KEPT IN THE DATABASE, AND THE DOCUMENTATION PIECES HAVE NOT BEEN SEPARATELY TRACKED THROUGH THAT DATABASE.

DAVID PARK: I'M JUST CURIOUS ON THAT BECAUSE YOU HAVE THE STATISTICS OF 4 PERCENT OF THE ORAR’S THAT COULDN'T, BUT YOU DON'T KNOW IF SOMEBODY WAS DOING A PROJECT AND DECIDED THEY COULDN'T DO IT, SINCE THEY DOCUMENTED IT TO THE FILES.

JANET ZELLER: WHAT WE HAVE ARE THE DEVELOPED RECREATION SITES, CAMP GROUNDS, PICNIC AREAS AND THAT IS WHAT IS COMING OUT OF THE 4 PERCENT. WHAT WE DON'T HAVE, FOR EXAMPLE, TRAILS, THAT IS NOT PART OF THAT DEVELOPED RECREATION DATABASE. AND THAT WOULD BE MY SUSPICION THAT IT WOULD BE MORE LIKELY TO BE AROUND THE TRAILS PIECE, RATHER THAN THE ORAR’S BECAUSE THE ORAR’S ARE GOING TO BE IN THOSE HIGHLY DEVELOPED AREAS. IT IS GOING TO BE CONNECTING SOMETHING THAT IS WITHIN THE INFRASTRUCTURE DATABASE. THANK YOU.

PHILIP PEARCE: THANK YOU VERY MUCH FOR YOUR TESTIMONY, I APPRECIATE THAT VERY MUCH.