[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2817 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2817

    To authorize the Secretary of the Interior and the Secretary of 
      Agriculture to establish permanent recreation fee authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2000

Mr. Graham (for himself and Mr. Gorton) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior and the Secretary of 
      Agriculture to establish permanent recreation fee authority.

    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 ``Recreation Fee Authority Act of 
2000''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means--
                    (A) the National Park Service;
                    (B) the United States Fish and Wildlife Service;
                    (C) the Bureau of Land Management;
                    (D) the Bureau of Reclamation; and
                    (E) the Forest Service.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) with respect to the Department of the Interior, 
                the Secretary of the Interior, acting through--
                            (i) the Director of the National Park 
                        Service;
                            (ii) the Director of the United States Fish 
                        and Wildlife Service;
                            (iii) the Director of the Bureau of Land 
                        Management; or
                            (iv) the Commissioner of Reclamation; and
                    (B) with respect to the Department of Agriculture, 
                the Secretary of Agriculture, acting through the Chief 
                of the Forest Service.

SEC. 3. RECREATIONAL FEE PROGRAM.

    (a) In General.--Notwithstanding section 4 of the Land and Water 
Conservation Fund Act (16 U.S.C. 460l-6a), effective beginning on 
October 1, 2001, the Secretary--
            (1) may establish, charge, and collect fees for--
                    (A) admission to an area, site, or project on land 
                under the jurisdiction of an agency; and
                    (B) the use of a recreation area, site, facility, 
                visitor center, equipment, and service (including a 
                reservation) of an agency by an individual or a group;
            (2) in establishing a fee under this Act, shall--
                    (A) ensure, to the maximum extent practicable, that 
                the fee is fair and equitable, by taking into 
                consideration--
                            (i) the direct and indirect cost of the fee 
                        to the Federal Government;
                            (ii) the revenue benefits to the Federal 
                        Government;
                            (iii) the benefits to the visitor derived 
                        from fees;
                            (iv) the cumulative effect of fees charged 
                        to the public;
                            (v) the public policy or management 
                        objectives served by charging the fee;
                            (vi) the comparable recreation fees charged 
                        by other public agencies;
                            (vii) the economic and administrative 
                        feasibility of fee collection; and
                            (viii) other pertinent factors; and
                    (B) require that any implementation or alteration 
                of a recreation fee shall be approved in advance by a 
                board of review, to be appointed by the Secretary;
            (3) may enter into contracts, which may provide for 
        reasonable commissions or reimbursements, with any public or 
        private entity to provide fee collection and processing 
        services;
            (4) may authorize the use of volunteers to collect fees 
        charged under paragraph (1);
            (5) may sell and accept--
                    (A) Golden Eagle Passports, Golden Age Passports, 
                and Golden Access Passports, established under 
                paragraphs (1), (4), and (5), respectively, of section 
                4(a) of the Land and Water Conservation Fund Act (16 
                U.S.C. 460l-6a); and
                    (B) National Park Passports established under 
                section 602 of the National Parks Omnibus Management 
                Act of 1998 (16 U.S.C. 5992); and
            (6) may develop, sell, and accept single or multiagency 
        passports.
    (b) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with other Federal agencies and State, local, 
and tribal governments to collect fees at areas, sites, or projects 
located on land and water under the jurisdiction of the Secretary or 
the other Federal agency, State, local, or tribal government.
    (c) Discounted or Free Admission or Use.--In establishing a fee 
under this Act, the Secretary may provide discounted or free admission 
or use, as determined to be appropriate by the Secretary, for 
individuals or groups including--
            (1) persons 17 years of age or younger;
            (2) volunteers;
            (3) groups from schools or other bona fide educational 
        institutions in cases in which admission or use is for 
        educational purposes; and
            (4) other entities or individuals that the Secretary 
        determines to be appropriate.
    (d) Administration.--The Secretary may promulgate such regulations 
as are necessary to carry out this Act.
    (e) Distribution of Receipts.--
            (1) In general.--Fees collected under subsection (a) 
        shall--
                    (A) be deposited in a special account in the 
                Treasury established for each agency that collects fees 
                under this Act; and
                    (B) remain available to the Secretary without 
                further Act of appropriation until expended.
            (2) Distribution.--
                    (A) In general.--Not less than 80 percent of 
                amounts collected as fees at a specific area, site, or 
                project, as determined by the Secretary, shall remain 
                available for use at the specific area, site, or 
                project at which the fees were collected.
                    (B) Use of fees at noncollection sites.--
                            (i) In general.--The amounts collected as 
                        fees at a specific area, site, or project that 
                        are not distributed in accordance with 
                        subparagraph (A) shall remain available for use 
                        by each agency that collected the fees, on an 
                        agency-wide basis.
                            (ii) Use by agency.--Amounts under clause 
                        (i) shall be distributed for use in accordance 
                        with subsection (f)(1) to units of each agency 
                        having the greatest need for funds, as 
                        determined by the Secretary.
                    (C) Disbursement under cooperative agreement.--
                            (i) In general.--A cooperative agreement 
                        described in subsection (b) may provide for an 
                        initial disbursement of fees collected under 
                        the agreement to parties to the agreement.
                            (ii) Remaining amounts.--Fees collected 
                        under clause (i) that are retained by an agency 
                        shall be distributed under subparagraphs (A) 
                        and (B).
    (f) Expenditures.--
            (1) In general.--Amounts available under subsection 
        (e)(2)(A) for expenditure at a specific area, site, or 
        project--
                    (A) shall be accounted for separately; and
                    (B) may be used for--
                            (i) repair, maintenance, facility 
                        enhancement, and infrastructure (including 
                        projects relating to visitor enjoyment, visitor 
                        health and safety, visitor access, and 
                        environmental compliance);
                            (ii) interpretation, visitor information, 
                        visitor services, and signage;
                            (iii) enhancement of habitat;
                            (iv) assessment, protection, preservation, 
                        and restoration of natural, cultural, and 
                        historical resources;
                            (v) law enforcement relating to public use; 
                        and
                            (vi) direct operating or capital costs 
                        associated with the fee system authorized by 
                        this Act, including--
                                    (I) the costs of fee collections;
                                    (II) the costs of notification of 
                                fee requirements;
                                    (III) the costs of direct 
                                infrastructure;
                                    (IV) fee management administrative 
                                costs;
                                    (V) the costs of the bonding of 
                                volunteers;
                                    (VI) start-up costs; and
                                    (VII) the costs of analysis and 
                                reporting of program accomplishments 
                                and impacts.
            (2) Remaining amounts.--Amounts available under subsection 
        (e)(2)(B) for expenditure agency-wide--
                    (A) shall be accounted for separately; and
                    (B) may be used for the purposes described in 
                paragraph (1) for areas, sites, or projects selected by 
                each agency.
            (3) Prioritization of projects.--In prioritizing 
        expenditures under this subsection for projects, an agency 
        should give high priority to deferred maintenance projects.
    (g) Signage and Information at Recreation Fee Project Sites.--
            (1) In general.--The Secretary shall develop, and require 
        the display of, uniform signage at each unit where work is 
        being performed or services are being provided using recreation 
        fee revenues.
            (2) Use.--Signs developed under paragraph (1) shall--
                    (A) inform park visitors of examples of their 
                ``recreation fees at work'';
                    (B) include a contact number and an Internet 
                address where the public may access additional 
                information about the recreation fee program; and
                    (C) be presented in such a way as to inform 
                visitors that recreation fees--
                            (i) are used at the site from which they 
                        are collected; and
                            (ii) are appreciated by the agency and 
                        other visitors.
    (h) Enforcement and Protection of Receipts.--
            (1) In general.--
                    (A) Enforcement.--The Secretary shall enforce 
                payment of the fees authorized by this section.
                    (B) Evidence of nonpayment.--If the display of 
                proof of payment of a fee, or the payment of a fee 
                within a certain time period, is required, failure to 
                display the proof or pay within the time specified 
                shall be considered prima facia evidence of nonpayment.
                    (C) Vehicular violations.--The registered owner and 
                occupants of a vehicle charged for a violation 
                involving the vehicle shall be jointly liable for 
                penalties imposed under this subsection, unless the 
                owner can show that the vehicle was used without the 
                express or implied permission of the owner.
            (2) Fee collection devices.--It shall be unlawful for a 
        person to--
                    (A) break into;
                    (B) tamper with; or
                    (C) attempt to break into;
        with the intent to commit larceny, any device or structure 
        used, in whole or in part, to collect or store fees under this 
        Act.
            (3) Penalty.--
                    (A) In general.--A violation relating to a payment 
                of a fee described in paragraph (1) shall be punishable 
                as a Class B misdemeanor.
                    (B) Fee collection devices.--A violation of 
                paragraph (2) shall be punishable--
                            (i) as a Class B misdemeanor, if the 
                        violation results in a loss to the Federal 
                        Government in an amount that is less than 
                        $10,000; or
                            (ii) as a Class A misdemeanor, if the 
                        violation results in a loss to the Federal 
                        Government in an amount of $10,000 or more.
    (i) Funds for Operation and Maintenance.--Income derived from fees 
collected under this Act shall not be used to displace any funds 
requested in any budget submission for--
            (1) the National Park Service;
            (2) the United States Fish and Wildlife Service;
            (3) the Bureau of Land Management; or
            (4) the Bureau of Reclamation.
    (j) No Accounting as Revenue Allocations.--Amounts collected under 
this section shall not be taken into account for purposes of--
            (1) section 33 of the Act of July 22, 1937 (commonly known 
        as the ``Bankhead-Jones Farm Tenant Act'') (7 U.S.C. 1012);
            (2) the Act of May 23, 1908 (16 U.S.C. 500);
            (3) section 13 of the Act of March 1, 1911 (commonly known 
        as ``Weeks Law'') (16 U.S.C. 500);
            (4) the Act of March 4, 1913 (16 U.S.C. 501 et seq.);
            (5) section 401 of the Act of June 15, 1935 (16 U.S.C 
        715s);
            (6) chapter 69 of title 31, United States Code;
            (7) the Act of June 14, 1926 (43 U.S.C. 869-4);
            (8) section 6 of the Act of May 24, 1939 (43 U.S.C. 1181f 
        et seq.);
            (9) title II of the Act of August 8, 1937 (43 U.S.C. 1181f-
        1 et seq.); and
            (10) any other provision of law relating to revenue 
        allocations.
                                 <all>