[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5273

  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 Superior National Forest in the State of 
                               Minnesota.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

 Mr. Oberstar 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 Superior National Forest in the State of 
                               Minnesota.

    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 ``Superior National Forest Fund Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The anticipated number of persons using the facilities 
        of the Superior National Forest requires additional funding to 
        provide minimum sanitary and safety related service at the 
        Superior National Forest as well as management of the 
        environment and riparian areas.
            (2) The quality of services provided at the Superior 
        National Forest and the integrity of the environment could best 
        be served by maintaining public, rather than private, 
        management of the Superior National Forest.
            (3) 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 
Superior National Forest--
            (1) to assure adequate funding of maintenance and operation 
        of the Superior National Forest; and
            (2) to provide additional funding to the counties in which 
        the Superior National Forest is located, enabling the counties 
        to increase investment in facilities and services related to 
        public safety, sanitation, and the recreational environment.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) 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 Superior National Forest.
            (2) 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 Superior National Forest.
            (3) Recreation use pass.--The term ``recreation use pass'' 
        means a document that entitles the holder access and use of 
        recreation sites in the Superior National Forest for a 
        specified period of time.
            (4) 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 Superior National 
Forest.
    (b) Exceptions.--The Secretary may not impose or collect a 
recreation use fee for the use or provision in the Superior National 
Forest, 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 Superior National Forest.
    (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 
Superior National Forest 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 Superior National 
Forest 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 Superior National Forest 
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 Superior National Forest 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 Superior National Forest, for 
        interpretation and management of resources in the Superior 
        National Forest, 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 section 13 of the Act of March 
        1, 1911 (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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