[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 964

To amend the Land and Water Conservation Fund Act of 1965 with respect 
 to fees for admission into units of the National Park System, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 19), 1995

 Mr. Johnston introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Land and Water Conservation Fund Act of 1965 with respect 
 to fees for admission into units of the National Park System, and for 
                            other purposes.
    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 ``Park Renewal Fund Act''.

SEC. 2. FEES.

    (a) Admission Fees.--Section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is amended as 
follows:
            (1) Delete ``fee-free travel areas'' and ``lifetime 
        admission permit'' from the title of this section.
            (2) In paragraph (a)(1)(A)(i) by striking the first and 
        second sentences and inserting in lieu thereof, ``For admission 
        into any such designated area, an annual admission permit (to 
        be known as the Golden Eagle Passport) shall be available for a 
        fee and under such conditions as to be determined by the 
        Secretary of the Interior and the Secretary of Agriculture.''
            (3) In paragraph (a)(1)(B) by striking the second sentence.
            (4) Delete paragraph (a)(2) in its entirety and insert in 
        lieu thereof: ``Reasonable admission fees for a single visit to 
        any designated unit shall be established by the administering 
        Secretary for persons who choose not to purchase the annual 
        permit. A `single visit' means a continuous stay within a 
        designated unit. Payment of a single visit admission fee shall 
        authorize exits from and reentries to a designated unit for a 
        period to be defined for each designated unit by the 
        administering Secretary based upon a determination of the 
        period of time reasonably and ordinarily necessary for such a 
        single visit.''
            (5) In paragraph (a)(3) by inserting the word ``Great'' in 
        the third sentence before ``Smoky''.
            (6) In paragraph (a)(3) delete the last sentence.
            (7) Delete paragraph (a)(4) in its entirety and insert in 
        lieu thereof: ``The Secretary of the Interior and the Secretary 
        of Agriculture shall establish procedures for discounted 
        admission fees to any citizen of, or person legally domiciled 
        in, the United States sixty-two years of age or older, such 
        discount to be received upon proof of age. Any such discount 
        will be nontransferable, applied only to the
         individual qualifying on the basis of age, and given 
notwithstanding the method of travel. No fees of any kind shall be 
collected from any persons who have a right of access for hunting or 
fishing privileges under a specific provision of law or treaty or who 
are engaged in the conduct of official Federal, State, or local 
government business.''
            (8) Delete paragraph (a)(5) in its entirety and insert in 
        lieu thereof: ``The Secretary of the Interior and the Secretary 
        of Agriculture shall establish procedures providing for the 
        issuance of a lifetime admission permit to any citizen of, or 
        person legally domiciled in, the United States, if such citizen 
        or person applies for such permit and is permanently disabled. 
        Such procedures shall assure that such permit shall be issued 
        only to persons who have been medically determined to be 
        permanently disabled. Such permit shall be nontransferable, 
        shall be issued without charge, and shall entitle the permittee 
        and one accompanying individual to general admission into any 
        area designated pursuant to this subsection, notwithstanding 
        the method of travel.
            (9) In paragraph (a)(6)(A) by striking ``No later than 60 
        days after December 22, 1987'' and inserting ``No later than 
        six months after enactment'' and striking ``Interior and 
        Insular Affairs'' and inserting ``Resources''.
            (10) Delete paragraphs (a)(9) and (a)(11) in their 
        entirety. Renumber current paragraph ``(10)'' as ``(9)'' and 
        current paragraph ``(12)'' as ``(10)''.
    (b) Recreation Fees.--Section 4(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is amended as 
follows:
            (1) Delete ``Fees for Golden Passport Permittees'' from 
        section title.
            (2) Delete the following: ``personal collection of the fee 
        by an employee or agent of the Federal agency operating the 
        facility''.
            (3) Deleting ``Any Golden Age Passport permittee, or'' and 
        inserting thereof ``Any''.
    (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(d)) is 
amended by deleting from the first sentence, ``recreation fees charged 
by non-Federal public agencies,'' and inserting in lieu thereof ``fees 
charged by other public and private entities,''.
    (d) Rules and Regulations.--Section 4(e) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(e)) is amended by 
deleting ``of not more than $100.'' and inserting in lieu thereof ``as 
provided by law.''.
    (e) Federal and State Laws Unaffected.--Section 4(g) of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(g)) is 
amended by deleting the following in the first sentence ``or fees or 
charges for commercial or other activities not related to recreation,'' 
and inserting ``Provided, however, That in those park areas under 
partial (if applicable) or exclusive jurisdiction of the United States 
where State fishing licenses are not required, the National Park 
Service may charge a fee for fishing.''.
    (f) Technical Amendments.--Section 4(h) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is amended--
            (1) by striking ``Bureau of Outdoor Recreation'' and 
        inserting in lieu thereof, ``National Park Service'';
            (2) by striking ``Interior and Insular Affairs of the 
        United States House of Representatives and United States 
        Senate'' and inserting in lieu thereof, ``Resources of the 
        United States House of Representatives and on Energy and 
        Natural Resources of the United States Senate''; and
            (3) by striking ``Bureau'' and inserting in lieu thereof, 
        ``National Park Service''.
    (g) Use of Fees.--Section 4(i) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is amended as follows:
            (1) After ``(i)'' by inserting ``Use of Fees.--''.
            (2) In the first sentence of subparagraph (B) by striking 
        ``fee collection costs for that fiscal year'' and inserting in 
        lieu thereof, ``fee collection costs for the immediately 
        preceding fiscal year'' and by striking ``section in that 
        fiscal year'' and inserting in lieu thereof, ``section in such 
        immediately preceding fiscal year.''
            (3) In the second sentence of subparagraph (B) by striking 
        ``in that fiscal year''.
            (4) By adding the following at the end of paragraph (1):
                    ``(C) Notwithstanding subparagraph (A) beginning in 
                fiscal year 1996 and each fiscal year thereafter, all 
                additional fee revenue generated by the National Park 
                Service through enactment of this legislation, as 
                authorized to be collected pursuant to subsection 4 (a) 
                and (b), shall be covered into a special fund 
                established in the Treasury of the United States to be 
                known as the `National Park Renewal Fund'. In fiscal 
                year 1997 and each fiscal year thereafter, the amount 
                of additional fee revenue generated in the immediately 
                preceding fiscal year by the National Park Service 
                through enactment of this legislation shall be 
                available to the Secretary of the Interior, without 
                further provision in appropriations Acts, for 
                infrastructure needs at parks including but not limited 
                to facility refurbishment, repair and replacement, 
                interpretive media and exhibit repair and replacement, 
                and infrastructure projects associated with park 
                resource protection. Such amounts shall remain 
                available until expended. The Secretary shall develop 
                procedures for the use of the fund that ensure 
                accountability and demonstrated results consistent with 
                the purposes of this Act. Beginning the first full 
                fiscal year after the creation of the `National Park 
                Renewal Fund', the Secretary shall submit an annual 
                report to the Congress, on a unit-by-unit basis, 
                detailing the expenditures of such receipts. In fiscal 
                year 1996 only, fees authorized to be collected 
                pursuant to subsections 4 (a) and (b) of this Act may 
                be collected only to the extent provided in advance in 
                appropriations Acts.''.
            (5) Paragraph (4)(A) is amended by striking ``resource 
        protection, research, and interpretation'' and inserting in 
        lieu thereof, ``park operations''.
    (h) Selling of Permits.--Section 4(k) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(k)) is amended by:
            (1) striking ``Selling of Annual Admission Permits by 
        Public and Private Entities Under Arrangements With Collecting 
        Agency Head'' from the title of this section, and
            (2) deleting the last two sentences, regarding the sale of 
        Golden Eagle Passports, from this section.
    (i) Charges for Transportation Provided by the National Park 
Service.--
            (1) Section 4(l)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the 
        word ``viewing'' from the section title and inserting in lieu 
        thereof ``visiting''.
            (2) Section 4(l)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the 
        word ``view'' and inserting in lieu thereof ``visit''.
            (3) Section 4(l)(2) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting 
        paragraph (2) and inserting in lieu thereof: ``Notwithstanding 
        any other provision of law, the charges imposed under paragraph 
        (1) shall be retained by the unit of the National Park System 
        at which the service was provided. The amount retained shall be 
        expended for costs associated with the transportation systems 
        at the unit where the charge was imposed.''
    (j) Commercial Tour Fees.--Section 4 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is amended by 
striking section (2) in its entirety and inserting in lieu thereof: 
``(2) The Secretary shall establish a flat fee, per entry, for such 
vehicles. The amount of the said flat fee shall reflect both the 
commercial tour use fee rate and current admission rates.''
    (k) Fees for Special Uses.--Section 4 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding 
the following at the end thereof:
    ``(o) Fees for Commercial/Nonrecreational Uses.--Utilizing the 
criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the 
Secretary of the Interior shall establish reasonable fees for 
nonrecurring commercial or nonrecreational uses of National Park System 
units that require special arrangements, including permits. At a 
minimum, such fees will cover all costs of providing necessary services 
associated with such use, except that at the Secretary's discretion, 
the Secretary may waive or reduce such fees in the case of any 
organization using an area within the National Park System for 
activities which further the goals of the National Park Service. 
Receipts from such fees may be retained at the park unit in which the 
use takes place, and remain available, without further appropriation, 
to cover the cost of providing such services. The portion of such fee 
which exceeds the cost of providing necessary services associated with 
such use shall be deposited into the National Park Renewal Fund.''
    (l) Fee Authority.--Section 4 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following 
new subsection at the end thereof:
    ``(p) Admission or Recreation Use Fees.--No admission or recreation 
use fee of any kind shall be charged or imposed for entrance into, or 
use of, any federally owned area operated and maintained by a Federal 
agency and used for outdoor recreation purposes, except as provided for 
by this Act.''.

SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER GAP NATIONAL 
              RECREATION AREA.

    (a) In General.--Effective at noon on September 30, 2005, the use 
of Highway 209 within the Delaware Water Gap National Recreation Area 
by commercial vehicles, when such use is not connected with the 
operation of the recreation area, is prohibited, except as provided in 
section (b).
    (b) Local Business Use Protected.--Subsection (a) does not apply 
with respect to the use of commercial vehicles to serve businesses 
located within or in the vicinity of the recreation area, as determined 
by the Secretary.
    (c) Conforming Provisions.--(1) Paragraphs (1) through (3) of the 
third undesignated paragraph under the heading ``ADMINISTRATIVE 
PROVISIONS'' in chapter VII of title I of Public Law 98-63 (97 Stat. 
329), are repealed, effective September 30, 2005.
    (2) Prior to noon on September 30, 2005, the Secretary shall 
collect and utilize a commercial use fee from commercial vehicles in 
accordance with paragraphs (1) through (3) of such third undesignated 
paragraph. Such fee shall not exceed $25 per trip.

SEC. 4. CHALLENGE COST SHARE AGREEMENTS.

    (a) Agreements.--The Secretary of the Interior is authorized to 
negotiate and enter into challenge cost-share agreements with 
cooperators. For purposes of this section, the term--
            (1) ``challenge cost-share agreement'' means any agreement 
        entered into between the Secretary and any cooperator for the 
        purpose of sharing costs or services in carrying out authorized 
        functions and responsibilities of the Secretary with respect to 
        any unit or program of the National Park System (as defined in 
        section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), 
        any affiliated area, or designated National Scenic or Historic 
        Trail; and
            (2) ``cooperator'' means any State or local government, 
        public or private agency, organization, institution, 
        corporation, individual, or other entity.
    (b) Use of Federal Funds.--In carrying out challenge cost-share 
agreements, the Secretary is authorized to provide the Federal funding 
share from any funds available to the National Park Service.

SEC. 5. DONATIONS.

    (a) Requests for Donations.--In addition to the Secretary's other 
authorities to accept the donation of lands, buildings, other property, 
services, and moneys for the purposes of the National Park System, the 
Secretary is authorized to solicit donations of money, property, and 
services from individuals, corporations, foundations, and other 
potential donors who the Secretary believes would wish to make such 
donations as an expression of support for the national parks. Such 
donations may be accepted and used for any authorized purpose or 
program of the National Park Service, and donations of money shall 
remain available for expenditure without fiscal year limitation. Any 
employees of the Department to whom this authority is delegated shall 
be set forth in the written guidelines issued by the Secretary pursuant 
to paragraph (d).
    (b) Employee Participation.--Employees of the National Park Service 
may solicit donations only if the request is incidental to or in 
support of, and does not interfere with their primary duty of 
protecting and administering the parks or administering authorized 
programs, and only for the purpose of providing a level of resource 
protection, visitor facilities, or services for health and safety 
projects, recurring maintenance activities, or for other routine 
activities normally funded through annual agency appropriations. Such 
requests must be in accordance with the guidelines issued pursuant to 
subparagraph (d).
    (c) Prohibitions.--(1) A donation may not be accepted in exchange 
for a commitment to the donor on the part of the National Park Service 
or which attaches conditions inconsistent with applicable laws and 
regulations or that is conditioned upon or will require the expenditure 
of appropriated funds that are not available to the Department, or 
which compromises a criminal or civil position of the United States or 
any of its departments or agencies or the administrative authority of 
any agency of the United States.
    (2) In utilizing the authorities contained in this section 
employees of the National Park Service shall not directly conduct or 
execute major fund raising campaigns, but may cooperate with others 
whom the Secretary may designate to
 conduct such campaigns on behalf of the National Park Service.
    (d) Guidance.--(1) The Secretary shall issue written guidelines 
setting forth those positions to which he has delegated his authority 
under paragraph (a) and the categories of employees of the National 
Park Service that are authorized to request donations pursuant to 
paragraph (b). Such guidelines shall also set forth any limitations on 
the types of donations that will be requested or accepted as well as 
the sources of those donations.
    (2) The Secretary shall publish guidelines which set forth the 
criteria to be used in determining whether the solicitation or 
acceptance of contributions of lands, buildings, other property, 
services, moneys, and other gifts or donations authorized by this 
section would reflect unfavorably upon the ability of the Department of 
the Interior or any employee to carry out its responsibilities or 
official duties in a fair and objective manner, or would compromise the 
integrity or the appearance of the integrity of its programs or any 
official involved in those programs. The Secretary shall also issue 
written guidance on the extent of the cooperation that may be provided 
by National Park Service employees in any major fund raising campaign 
which the Secretary has designated others to conduct pursuant to 
paragraph (c)(2).

SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

    Public Law 101-337 is amended as follows:
            (a) In section 1 (16 U.S.C. 19jj), by amending subsection 
        (d) to read as follows:
    ``(d) `Park system resource' means any living or non-living 
resource that is located within the boundaries of a unit of the 
National Park System, except for resources owned by a non-Federal 
entity.''.
            (b) In section (16 U.S.C. 19jj) by adding at the end 
        thereof the following:
    ``(g) `Marine or aquatic park system resource' means any living or 
non-living part of a marine or aquatic regimen within or is a living 
part of a marine or aquatic regimen within the boundaries of a unit of 
the National Park System, except for resources owned by a non-Federal 
entity.''.
            (c) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking 
        ``any park'' and inserting in lieu thereof, ``any marine or 
        aquatic park''.
                                 <all>