[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5035

  To authorize the Secretary of Agriculture to establish and collect 
    recreation use fees on a temporary basis in connection with the 
  recreational use of the Roosevelt Lake Recreation Area in the Tonto 
                National Forest in the State of Arizona.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 1994

    Ms. English of Arizona introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Agriculture to establish and collect 
    recreation use fees on a temporary basis in connection with the 
  recreational use of the Roosevelt Lake Recreation Area in the Tonto 
                National Forest in the State of Arizona.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Roosevelt Lake Recreation Area Fee 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Roosevelt Lake Recreation Area in the Tonto 
        National Forest in the State of Arizona is changing as a result 
        of drastically increasing population in the communities near 
        the recreation area and modifications in Roosevelt Dam.
            (2) The current annual funding of $300,000 for the 
        recreation area does not allow for even minimal maintenance and 
        operation of the newly emerging $40,000,000 recreational area.
            (3) The anticipated number of persons using the facilities 
        of the recreation area requires additional funding to provide 
        minimum sanitary and safety related service at the recreation 
        area as well as management of the environment and riparian 
        areas.
            (4) The quality of services provided at the recreation area 
        and the integrity of the environment could best be served by 
        maintaining public, rather than private, management of the 
        recreation area.
            (5) The users of units of the National Forest System have 
        demonstrated a willingness to pay a user fee for maintenance 
        and operation if the locally collected funds are returned to 
        the unit.
    (b) Purpose.--It is the purpose of this Act to use funds generated 
from fees charged in connection with the recreational use of the 
Roosevelt Lake Recreational Area--
            (1) to assure adequate funding of maintenance and operation 
        of the recreation area;
            (2) to provide additional funding to the county in which 
        the recreation area is located, enabling the county to increase 
        investment in facilities and services related to public safety, 
        sanitation, and the recreational environment; and
            (3) to allow increased funding for the protection of the 
        bald eagle nesting areas, the Canadian geese wintering grounds, 
        and the Roosevelt Lake wildlife refuges at the recreation area.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Recreation area.--The term ``recreation area'' means 
        the Roosevelt Lake Recreation Area in the Tonto National Forest 
        in the State of Arizona.
            (2) Recreation site.--The term ``recreation site'' means a 
        campground, picnic ground, swimming site, boat launch site, 
        lake access site, or other man-made or natural recreational 
        facility in the recreation area.
            (3) Recreation use fee; fee.--The terms ``recreation use 
        fee'' or ``fee'' mean a fee that is charged for the use of a 
        recreation site in the recreation area.
            (4) Recreation use pass.--The term ``recreation use pass'' 
        means a document that entitles the holder access and use of 
        recreation sites in the recreation area for a specified period 
        of time.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES.

    (a) Recreation Use Fee Authorized.--Except as provided in 
subsection (b), the Secretary may establish and collect recreation use 
fees at designated recreation sites within the recreation area.
    (b) Exceptions.--The Secretary may not impose or collect a 
recreation use fee for the use or provision in the recreation area, 
either singly or in any combination, of drinking water, wayside 
exhibits, toilet facilities, general purpose roads, overlook sites, or 
general information. The Secretary may not impose or collect a fee from 
any officer or employee of the Federal Government or State or local 
government authorized by the Secretary to perform administrative duties 
at recreation sites in the recreation area.
    (c) Establishment and Collection.--Establishment and collection of 
recreation use fees shall be made in accordance with subsections (d) 
and (e) of section 4 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of 
fees by volunteers in accordance with subsection (k) of such section.
    (d) Golden Age Passport and Golden Access Passport.--Any person 
holding a valid Golden Age Passport or Golden Access Passport issued 
under paragraph (4) or (5) of section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled 
upon presentation of such passport to use a recreation site within the 
recreation area at a rate equal to 50 percent of the recreation use fee 
otherwise applicable to such recreation site.
    (e) Effect on Other Laws.--Recreation use fees established under 
this section for use of recreation sites in the recreation area shall 
be in lieu of any recreation use fees for such recreation sites under 
section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation 
Act of 1993 (16 U.S.C. 460l-6c).

SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES.

    (a) Recreation Use Pass Authorized.--The Secretary shall make 
available for purchase recreation use passes for the use on a daily or 
annual basis of recreation sites in the recreation area otherwise 
subject to a recreation use fee. Use of an annual recreation use pass 
shall be subject to any single stay time limits imposed on the 
recreation site.
    (b) Availability.--The Secretary may have recreation use passes 
available for sale at any recreation site for which a recreation use 
fee is charged or at other convenient locations.
    (c) Use of Pass.--The recreation use pass shall apply to--
            (1) the pass holder and any person accompanying the pass 
        holder in a single, private, noncommercial vehicle; or
            (2) the pass holder and the spouse, children, and parents 
        of the pass holder accompanying the pass holder where entry to 
        a recreation site is by any means other than a private, 
        noncommercial vehicle.
    (d) Golden Age Passport and Golden Access Passport.--Any person 
holding a valid Golden Age Passport or Golden Access Passport issued 
under paragraph (4) or (5) of section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled 
upon presentation of such passport to purchase of a recreation use pass 
for the recreation area at a rate equal to 50 percent of the purchase 
price otherwise applicable to the recreation use pass.
    (e) Rules and Regulations, Enforcement Powers.--Recreation use 
passes sold under this section shall be nontransferable. The unlawful 
use of a recreation use pass shall be punishable in accordance with 
regulations established under section 4(e) of the Land and Water 
Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)).

SEC. 6. TERMINATION OF AUTHORITY.

    (a) Termination.--The authority of the Secretary to establish or 
collect fees under section 4 or sell recreation use passes under 
section 5 shall expire at the end of the seven-year period beginning on 
the date of the enactment of this Act. Termination of such authority 
shall not affect the validity of any annual recreation use pass sold 
under section 5 before that date.
    (b) Report.--Not later than six years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Natural 
Resources and the Committee on Agriculture of the House of 
Representatives a report evaluating the authority provided by sections 
4 and 5 regarding recreation use fees and recreation use passes. The 
report shall include any recommendations of the Secretary for modifying 
the authority, for extending the authority beyond the date specified in 
subsection (a), or for extending the authority to other units of the 
National Forest System.

SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF 
              RECREATION USE PASSES.

    (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) 
of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and 
amounts received from sales of recreation use passes under section 5 
shall be deposited in a special account in the Treasury.
    (b) Use of Funds.--
            (1) Operation, maintenance, and other uses.--In such 
        amounts as are provided in advance in appropriation Acts, the 
        Secretary may use amounts in the special account to provide 
        supplemental funds for operation, maintenance, and management 
        of recreation sites within the recreation area, for 
        interpretation and management of resources in the recreation 
        area, and for administrative costs associated with such 
        activities.
            (2) Payments to states and counties.--Recreation use fees 
        collected under section 4 and amounts received for recreation 
        use passes sold under section 5 shall be considered as money 
        received for purpose of computing and distributing payments to 
        States and counties pursuant to the Act of May 23, 1908 (16 
        U.S.C. 500).
    (c) Roads and Trails.--Recreation use fees collected under section 
4 and amounts received for recreation use passes sold under section 5 
shall not be considered as money received for purpose of the fourteenth 
paragraph under the heading ``forest service'' of the Act of March 4, 
1913 (16 U.S.C. 501).
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