I just looked up the Recreation Enhancement Act cited by the 9th circuit ruling. Here is some interesting text, seems pretty unambiguous...
From Sec 803
d)Limitations on Recreation Fees-
(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERVICES- The Secretary shall not charge any standard amenity recreation fee or expanded amenity recreation fee for Federal recreational lands and waters administered by the Bureau of Land Management, the Forest Service, or the Bureau of Reclamation under this Act for any of the following:
(A) Solely for parking, undesignated parking, or picnicking along roads or trailsides.
(B) For general access unless specifically authorized under this section.
(C) For dispersed areas with low or no investment unless specifically authorized under this section.
(D) For persons who are driving through, walking through, boating through, horseback riding through, or hiking through Federal recreational lands and waters without using the facilities and services.
(E) For camping at undeveloped sites that do not provide a minimum number of facilities and services as described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over any national parkway or any road or highway established as a part of the Federal-aid System, as defined in section 101 of title 23, United States Code, which is commonly used by the public as a means of travel between two places either or both of which are outside any unit or area at which recreation fees are charged under this Act.
(H) For travel by private, no commercial vehicle, boat, or aircraft over any road or highway, waterway, or airway to any land in which such person has any property right if such land is within any unit
or area at which recreation fees are charged under this Act.
(I) For any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty.
(J) For any person who is engaged in the conduct of official Federal, State, Tribal, or local government business.
(K) For special attention or extra services necessary to meet the needs of the disabled.
