[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2607 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2607

    To authorize the Secretary of the Interior and the Secretary of 
Agriculture to collect recreation fees on Federal lands, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2002

 Mr. Bingaman 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 collect recreation fees on Federal lands, and for other 
                               purposes.

    Be it enacted in 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 ``Federal Lands Recreation Fee 
Authority Act''.

SEC. 2. RECREATION FEES ON FEDERAL LANDS.

    (a) General Authority.--Except as provided in subsection (b):
            (1) The Secretary of the Interior is authorized to collect 
        recreation fees, including entrance and use fees, on the 
        following lands administered by the Secretary:
                    (A) Units of the National Park System;
                    (B) Units of the National Wildlife Refuge System; 
                and
                    (C) National monuments and national conservation 
                areas administered by the Bureau of Land Management.
            (2) The Secretary of Agriculture is authorized to collect 
        recreation fees, including entrance and use fees, on the 
        following National Forest System lands administered by the 
        Secretary:
                    (A) National monuments;
                    (B) National volcanic monuments;
                    (C) National scenic areas; and
                    (D) National recreation areas.
            (3) The Secretary of the Interior, with respect to lands 
        administered by the Bureau of Land Management, and the 
        Secretary of Agriculture, with respect to National Forest 
        System lands, is also authorized to collect fees at areas not 
        described in paragraphs (1) and (2) if--
                    (A) such area is managed primarily for outdoor 
                recreation purposes and contains at least one major 
                recreation attraction;
                    (B) such area has had substantial Federal 
                investments, as determined by the appropriate 
                Secretary, in--
                            (i) providing facilities or services to the 
                        public; or
                            (ii) restoring resource degradation caused 
                        by public use; and
                    (C) public access to the area is provided in such a 
                manner that entrance fees can be efficiently collected 
                at one or more centralized locations.
            (5) The Secretary of the Interior or the Secretary of 
        Agriculture, as appropriate, may reduce or waive any fee 
        authorized under this Act, as appropriate.
            (6) For each unit or area collecting an entrance fee, the 
        appropriate Secretary shall establish at least one day each 
        year during periods of high visitation as a ``Fee Free Day'' 
        when no entrance fee shall be charged.
            (7) No recreation fees of any kind shall be imposed or 
        collected for outdoor recreation purposes on Federal lands 
        under the jurisdiction of the Secretary of the Interior or the 
        Secretary of Agriculture, except as provided in this Act.
    (b) Prohibition on Fees.--(1) No recreation fees shall be charged 
under this Act--
            (A) for travel by private, noncommercial vehicle over any 
        national parkway or any road or highway established as a part 
        of the National Federal Aid System, as defined in section 101 
        of title 23, United States Code, which is commonly used by the 
        public as a means of travel between two places, either or both 
        of which are outside of the fee area;
            (B) for travel by private, noncommercial vehicle over any 
        road or highway to any land in which a person has any property 
        right if such land is within the unit or area at which 
        recreation fees are charged;
            (C) for any person who has a right of access for hunting or 
        fishing privileges under a specific provision of law or treaty; 
        or
            (D for any person who is engaged in the conduct of official 
        business within the unit or area at which recreation fees are 
        charged.
    (2) Entrance fees shall not be charged--
            (A) for any person under 16 years of age;
            (B) for admission of organized school groups or outings 
        conducted for education purposes by schools or other bona fide 
        educational institutions;
            (C) for any area containing deed restrictions on charging 
        fees;
            (D) for any person entering a national wildlife refuge who 
        is the holder of a valid migratory bird hunting and 
        conservation stamp issued under section 2 of the Act of March 
        16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp 
        Act);
            (E) for any person holding a valid Golden Eagle Passport, 
        Golden Age Passport, Golden Access Passport, or for entrance to 
        units of the National Park System, a National Parks Passport; 
        and
            (F) at the following areas administered by the National 
        Park Service:
                    (i) U.S.S. Arizona Memorial;
                    (ii) Independence National Historical Park;
                    (iii) any unit of the National Park System within 
                the District of Columbia or the Arlington House--Robert 
                E. Lee National Memorial in Virginia; and
                    (iv) any unit of the National Park System located 
                in Alaska, with the exception of Denali National Park 
                and Preserve (notwithstanding section 203 of the Alaska 
                National Interest Lands Conservation Act (16 U.S.C. 
                410hh-2)); and
            (G) in Smoky Mountains National Park, unless entrance fees 
        are charged on main highways and thoroughfares, no fees shall 
        be charged for entrance on other routes into the park, or any 
        part thereof.
    (c) Fee Considerations.--(1) Recreation fees charged by the 
Secretary of the Interior or the Secretary of Agriculture shall be fair 
and equitable, taking into consideration--
            (A) the direct and indirect cost to the Federal agency 
        involved;
            (B) the benefits and services provided to the visitor;
            (C) the public policy and management objectives served;
            (D) costs to the visitor;
            (E) the effect of multiple fees charged within the same 
        area;
            (F) fees charged at comparable sites by other public 
        agencies; and
            (G) the economic and administrative feasibility of fee 
        collection at the site.
    (2) The Secretary of the Interior and the Secretary of Agriculture 
shall work cooperatively to ensure that comparable fees and services 
are established on Federal lands under each Secretary's jurisdiction, 
and that guidelines for assessing the type and amount of recreation 
fees are consistent between areas under each Secretary's jurisdiction.
    (3) The Secretary of the Interior and the Secretary of Agriculture 
shall, to the extent practicable, seek to minimize multiple fees within 
specific units or areas.
    (d) Recreation Use Fees.--(1) The Secretary of the Interior and the 
Secretary of Agriculture may provide for the collection of recreation 
use fees where the Federal agency develops, administers, provides, or 
furnishes at Federal expense, specialized outdoor recreation sites, 
facilities, equipment, or services.
    (2) As used in this subsection, the term ``specialized outdoor 
recreation sites, facilities, equipment, or services'' includes--
            (A) a developed campground;
            (B) a swimming site;
            (C) a boat launch facility;
            (D) a managed parking lot;
            (E) facility or equipment rental;
            (F) an enhanced interpretive program;
            (G) a reservation service; or
            (H) a transportation service.
    (3) Recreation use fees may not be charged for--
            (A) general access to an area;
            (B) access to a visitor center;
            (C) a dispersed area with little or no Federal investment;
            (D) a scenic overlook or wayside;
            (E) drinking fountains or restrooms;
            (F) undeveloped parking;
            (G) picnic tables (when not part of a developed campground 
        or recreation area);
            (H) special attention or extra services necessary to meet 
        the needs of the disabled; or
            (I) any nonrecreational activity authorized under a valid 
        permit issued under any other Act.
    (e) Special Recreation Permit Fee.--The Secretary of the Interior 
or the Secretary of Agriculture may require a special recreation permit 
and may charge a special recreation permit fee for recreation use 
involving a group activity, a commercial tour, a commercial aircraft 
tour, a recreation event, use by a motorized recreation vehicle, a 
competitive event, and an activity where a permit is required to ensure 
resource protection or public safety.

SEC. 3. ANNUAL PASSES.

    (a) In General.--The Secretary of the Interior and the Secretary of 
Agriculture shall jointly establish procedures for the issuance of, and 
make available the following passes:
            (1) Golden eagle passport.--An annual admission permit, to 
        be known as the ``Golden Eagle Passport'', to be valid for a 
        period of one year for admission into any unit or area 
        collecting an entrance fee under this Act.
            (2) Golden age passport.--A lifetime admission permit to 
        any citizen of, or person domiciled in the United States sixty-
        two years of age or older, entitling the permittee to admission 
        into any unit or area collecting an entrance fee under this 
        Act.
            (3) Golden access passport.--A lifetime admission permit to 
        any citizen of, or person domiciled in the United States who is 
        blind or permanently disabled, to be issued without cost.
            (4) Other passes.--The Secretary of the Interior and the 
        Secretary of Agriculture may develop such other annual, 
        regional or site-specific passes as they deem appropriate.
    (b) Terms and Conditions.--
            (1) Unless determined otherwise by the Secretary of the 
        Interior and the Secretary of Agriculture, the passes 
        authorized under this section shall be issued under the same 
        terms and conditions as existed for such passes as of the date 
        of enactment of this Act.
            (2) The Secretaries shall develop such terms and conditions 
        for the passes authorized in this section as they deem 
        necessary.
    (c) National Park Passport.--Nothing in this Act affects the 
authority of the Secretary of the Interior to issue national park 
passports, as authorized in title VI of the National Parks Omnibus 
Management Act of 1998 (16 U.S.C. 5991 et seq.).

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary of the Interior and the Secretary of 
Agriculture shall establish guidelines identifying the process by which 
the agencies under each Secretary's jurisdiction shall establish and 
change the amounts charged for any recreation fee, including entrance 
fees, recreation use fees, or special recreation permit fees collected 
under this Act. Such guidelines shall require that the agencies 
coordinate with each other, to the extent practicable, when 
establishing or changing fees.
    (b) Notice.--The Secretary of the Interior or the Secretary of 
Agriculture, as appropriate, shall post clear notice of any entrance 
fee and available passes at appropriate locations within each area 
where a recreation fee is charged. Notice shall also be included in 
publications distributed at the unit or area where the fee is 
collected. The Secretaries shall jointly take such actions as may be 
necessary to provide information to the public on all available passes 
authorized by this Act.
    (c) Notice of Recreation Fee Projects.--The Secretary of the 
Interior and the Secretary of Agriculture shall, to the extent 
practicable, post clear notice of where work is being done using fee 
revenues collected under this Act.
    (d) Fee Management Agreements.--Notwithstanding the Federal Grant 
and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 et seq.), the 
Secretary of the Interior and the Secretary of Agriculture may enter 
into fee management agreements, that provide for reasonable commissions 
or reimbursements, with any governmental or nongovernmental entities to 
provide fee collection and processing services, including visitor 
reservation services.
    (e) Volunteers.--The Secretary of the Interior and the Secretary of 
Agriculture may use volunteers, as appropriate, to collect fees and 
sell passes authorized by this Act.

SEC. 5. EXPENDITURE OF FEES.

    (a) Special Account.--The Secretary of the Treasury shall establish 
a separate special account in the Treasury for each Federal agency 
collecting recreation fees under this Act. Amounts collected by each 
agency under this Act shall be deposited into its special account in 
the Treasury, and shall be available for expenditure by the appropriate 
agency, without further appropriation, to remain available until 
expended.
    (b) Distribution.--
            (1) Eighty percent of the amounts collected at a specific 
        unit or area shall remain available for expenditure without 
        further appropriation, at the unit or area where the fees were 
        collected, except that the Secretary of the Interior or the 
        Secretary of Agriculture, as appropriate, may reduce the local 
        allocation amount to not less than 60 percent of the fees 
        collected if the Secretary determines that the unit or area's 
        revenues in any specific fiscal year exceed its reasonable 
        needs for which expenditures may be made.
            (2) Amount not retained at the site or area collecting the 
        fee shall remain available for expenditure without further 
        appropriation to the Federal agency administering the site, for 
        distribution in accordance with national priority needs within 
        such agency.
            (3) Revenues from the sale of annual passes shall be 
        distributed in accordance with revenue sharing agreements 
        developed by the Secretary of the Interior and the Secretary of 
        Agriculture.
    (c) Use of Fee Revenues.--Amounts made available under subsection 
(b)(1) for expenditure at a specific unit or area shall be accounted 
for separately from amounts available under (b)(2). Both amounts shall 
be used for resource preservation, backlogged repair and maintenance 
projects (including projects related to health and safety), 
interpretation, signage, habitat for facility enhancement, law 
enforcement related to public use, maintenance, and direct operating or 
capital costs associated with the recreation fee program.

SEC. 6. CONFORMING AMENDMENTS.

    (a) Repeal of Other Fee Authorities.--Section 4 of the Land and 
Water Conservation Fund Act (16 U.S.C. 4601-4a) and section 315 of 
Public Law 104-134, as amended (16 U.S.C. 4601-4a note), are repealed, 
except that the repeal of such provisions shall not affect the 
expenditure of revenues already obligated. All unobligated amounts as 
of the date of enactment of this Act shall be transferred to the 
appropriate special account established under this Act and shall be 
available as provided in this Act.
    (b) Federal and State Law Unaffected.--Nothing in this Act shall be 
construed--
            (1) to authorize Federal hunting or fishing licenses or 
        fees;
            (2) to authorize charges for commercial or other activities 
        not related to recreation;
            (3) to affect any rights or authority of the States with 
        respect to fish and wildlife;
            (4) to repeal or modify any provision of law that provides 
        that any fees or charges collected at specific Federal areas be 
        used for, or created to specific purposes or special funds as 
        authorized by that provision of law; or
            (5) to repeal or modify any provision of law authorizing 
        States or political subdivisions thereof to share in revenues 
        from Federal lands.
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