[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2473 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2473

To enhance the Recreational Fee Demonstration Program for the National 
                 Park Service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2002

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

_______________________________________________________________________

                                 A BILL


 
To enhance the Recreational Fee Demonstration Program for the National 
                 Park Service, 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 ``Recreational Fee Authority Act of 
2002''.

SEC. 2. RECREATION FEE AUTHORITY.

    (a) Definition of Secretary.--In this Act, the term ``Secretary'' 
means the Secretary of the Interior.
    (b) Definition of Agency.--In this Act, the term ``Agency'' means 
the National Park Service.
    (c) In General.--Beginning in fiscal year 2003 and thereafter, the 
Secretary is authorized to--
            (1) establish, charge, and collect fees for the following:
                    (A) admission to a unit, area, or site administered 
                by the Agency; and
                    (B) the use of Agency administered areas, lands, 
                sites, facilities, and services (including 
                reservations) by individuals and/or groups;
            (2) establish fair and equitable fees that are a result of 
        a market analysis taking the following criteria into 
        consideration--
                    (A) the benefits and services provided to the 
                visitor;
                    (B) the cumulative effect of fees charged to the 
                public;
                    (C) the comparable fees charged on other units, 
                areas, sites, and other public agencies;
                    (D) the comparable fees charged by nearby private 
                sector operators;
                    (E) the direct and indirect cost to the Government;
                    (F) the revenue benefits to the Government;
                    (G) the public policy or management objectives 
                served;
                    (H) the economic and administrative feasibility of 
                fee collection; and
                    (I) any other pertinent factors or criteria deemed 
                necessary by the Secretary.
            (3) The Secretary shall ensure that individual park units 
        assess only the minimum number of fees consistently on an 
        agency-wide basis in order to avoid the collection of multiple 
        or layered fees for a wide variety of uses, activities and/or 
        programs.
            (4) The results of the market analysis, new fees, increases 
        or decreases in established fees, shall be published in the 
        Federal Register and any change in the amount of fees shall not 
        take place until at least 12 months after the date the notice 
        is published in the Federal Register.
    (d) Additional Authorities.--Beginning in fiscal year 2003 and 
thereafter, the Secretary is authorized to--
            (1) enter into agreements, including contracts, which 
        provide for reasonable commissions or reimbursements, with any 
        public or private entity to provide visitor reservation 
        services, fee collection and/or processing services;
            (2) use National Park Service volunteers, as appropriate to 
        collect fees charged pursuant to Section 2(C);
            (3) in establishing fees under this Act, the Secretary may 
        provide discounted or free admission days or use as deemed 
        appropriate by the Secretary;
            (4) the Secretary may modify the National Park Passport, 
        established pursuant to Public Law 105-391; and
            (5) the Secretary shall take such steps as may be necessary 
        to provide information to the visitor concerning the various 
        fees programs available to them and the costs and benefits of 
        those programs.
    (e) State Agency Admission and Special Use Passes.--Beginning in 
fiscal year 2003 and thereafter--
            (1) notwithstanding the Federal Grants Cooperative 
        Agreements Act, the Secretary is authorized to enter into 
        revenue sharing agreements with State agencies to accept their 
        annual passes and convey the same privileges, terms and 
        conditions as offered under the auspices of the National Park 
        Passport, established pursuant to Public Law 105-391 
        (hereinafter referred to as the ``National Park Passport''), or 
as Public Law 105-391 may be amended.
            (2) State agency annual passes shall only be accepted for 
        all of the units of the National Park System within the 
        boundaries of the State in which the specific revenue sharing 
        agreement is entered into.
            (3) The Secretary may enter into revenue sharing agreements 
        with other Federal agencies and/or Tribal governments to 
        establish, charge and collect fees at areas, sites or projects 
        located on other areas under the jurisdiction of the Secretary, 
        the Secretary of Agriculture and/or the specific Tribal 
        government in which the agreement is made.

SEC. 3. DISTRIBUTION OF RECEIPTS.

     (a) In General.--
            (1) The Secretary of the Treasury shall establish a special 
        account in the Treasury for the Agency.
            (2) Amounts collected by the Agency under section 2 shall 
        be deposited in its special account in the Treasury and shall 
        remain available for expenditure without further appropriation 
        until expended.
            (3) Amounts collected from sales of the National Park 
        Passport, or from revenue sharing agreements entered into under 
        section 2 of this Act shall be deposited in its special account 
        in the Treasury in accordance with guidelines established by 
        the Secretary of the Interior.
    (b) Distribution of Fees.--The amounts deposited in the special 
account established by subsection (a) shall be distributed as follows:
            (1) Not less than 80 percent of amounts collected pursuant 
        to the Act 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, except that the Secretary may change the allocation 
        amount to not less than 60 percent of fees collected to be 
        returned to the area, site, or project when the Secretary 
        determines that site specific revenues in any given fiscal year 
        exceed that site's reasonable needs for that year; except that 
        for those units of the National Park System which participate 
        in an active revenue sharing agreement with a State under 
        section 2(e) of this Act, not less than 90 percent of amounts 
        collected pursuant to this Act at a specific area, site, or 
        project as determined by the Secretary shall remain for use at 
        the specific area, site, or project at which the fees were 
        collected.
            (2) The balance of the amounts collected at a specific 
        area, site, or project not distributed in accordance with 
        paragraph (1), shall remain available for use by the Agency on 
        an agency-wide basis as determined by the Secretary.
            (3) Monies generated as a result of revenue sharing 
        agreements established pursuant to section 2(e) may provide for 
        a fee-sharing arrangement among the parties to the revenue 
        sharing agreement. Agency shares of fees collected shall be 
        deposited and distributed as described in subsection (b) 
        equally to all units of the National Park System in the 
        specific State that are parties to the revenue sharing 
        agreement.
            (4) Monies generated as a result of the sale of the 
        National Park Passport shall be distributed as follows: not 
        less than 50 percent of the amounts collected pursuant this 
        Act, as determined by the Secretary shall remain available for 
        use at the specific area, site, or project at which the fees 
        were collected, the balance of the monies generated shall be 
        distributed in accordance with paragraph 2 of this section.

SEC. 4. EXPENDITURES.

    (a) Use of Fees at Specific Area, Site, or Project.--Amounts 
available under section 3 of this Act for expenditure at a specific 
area, site, or project shall be accounted for separately and may be 
used for--
            (1) repair, maintenance, facility enhancement, media 
        services and infrastructure including projects and expenses 
        relating to visitor enjoyment, visitor access, environmental 
        compliance, and health and safety;
            (2) interpretation, visitor information, visitor service, 
        visitor needs assessments, monitoring, and signs;
            (3) habitat enhancement, resource assessment, preservation, 
        protection, and restoration related to recreation use; and
            (4) law enforcement relating to public use and recreation.
    (b) The Secretary may use not more than fifteen percent of the 
revenues derived under the authorities of this Act to administer the 
recreation fee program including direct operating or capital costs, 
cost of fee collection, notification of fee requirements, direct 
infrastructure, fee program management costs, bonding of volunteers, 
start-up costs, and analysis and reporting on program accomplishments 
and impacts.

SEC. 5. REPORTS.

    (a) Once every three years after the enactment of this Act the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Resources of the 
United States House of Representatives a report detailing the status of 
the Recreation Fee Program conducted in units of the National Park 
System:
            (1) the report under this section shall contain an 
        evaluation of the Recreation Fee Program conducted at each unit 
        of the National Park System;
            (2) with respect to each unit of the National Park System 
        where a fee is charged under the authorities granted by this 
        Act, a description of projects that were funded, work 
        accomplished, and a description of future projects and programs 
        identified for funding with monies expected to be generated 
        under the authorities granted by this Act; and
            (3) any recommendations for changes in the overall fee 
        system along with any justification as appropriate.

SEC. 6. REGULATIONS.

    The Secretary may promulgate such rules and regulations as may be 
necessary to implement this Act.
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