[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1107 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 1107

_______________________________________________________________________

                                 AN ACT


 
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 
2004''.

SEC. 2. RECREATION FEE AUTHORITY.

    (a) In General.--Beginning on January 1, 2006, the Secretary of the 
Interior (``Secretary'') may establish, modify, charge, and collect 
fees for admission to a unit of the National Park System and the use of 
National Park Service (``Service'') administered areas, lands, sites, 
facilities, and services (including reservations) by individuals and/or 
groups. Fees shall be based on an analysis by the Secretary of--
            (1) the benefits and services provided to the visitor;
            (2) the cumulative effect of fees;
            (3) the comparable fees charged elsewhere and by other 
        public agencies and by nearby private sector operators;
            (4) the direct and indirect cost and benefit to the 
        government;
            (5) public policy or management objectives served;
            (6) economic and administrative feasibility of fee 
        collection; and
            (7) other factors or criteria determined by the Secretary.
    (b) Number of Fees.--The Secretary shall establish the minimum 
number of fees and shall avoid the collection of multiple or layered 
fees for a wide variety of uses, activities or programs.
    (c) Analysis.--The results of the analysis together with the 
Secretary's determination of appropriate fee levels shall be 
transmitted to the Congress at least three months prior to publication 
of such fees in the Federal Register. New fees and any increases or 
decreases in established fees shall be published in the Federal 
Register and no new fee or change in the amount of fees shall take 
place until at least 12 months after the date the notice is published 
in the Federal Register.
    (d) Additional Authorities.--Beginning on January 1, 2006, the 
Secretary may enter into agreements, including contracts to provide 
reasonable commissions or reimbursements with any public or private 
entity for visitor reservation services, fee collection and/or 
processing services.
    (e) Administration.--The Secretary may provide discounted or free 
admission days or use, may modify the National Park Passport, 
established pursuant to Public Law 105-391, and shall provide 
information to the public about the various fee programs and the costs 
and benefits of each program.
    (f) State Agency Admission and Special Use Passes.--Effective 
January 1, 2006, and notwithstanding the Federal Grants Cooperative 
Agreements Act, the Secretary may 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, to State agency annual passes and 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 except where the Secretary has established a fee that 
includes a unit or units located in more than one State.

SEC. 3. DISTRIBUTION OF RECEIPTS.

    Without further appropriation, all receipts collected pursuant to 
the Act or from sales of the National Park Passport shall be retained 
by the Secretary and may be expended as follows:
            (1) 80 percent of amounts collected at a specific area, 
        site, or project as determined by the Secretary, shall remain 
        available for use at the specific area, site or project, except 
        for those units of the National Park System that participate in 
        an active revenue sharing agreement with a State under Section 
        2(f) of this Act, not less than 90 percent of amounts collected 
        at a specific area, site, or project shall remain available for 
        use.
            (2) The balance of the amounts collected shall remain 
        available for use by the Service on a Service-wide basis as 
        determined by the Secretary.
            (3) Monies generated as a result of revenue sharing 
        agreements established pursuant to Section 2(f) may provide for 
        a fee-sharing arrangement. The Service shares of fees shall be 
        distributed equally to all units of the National Park System in 
        the specific States that are parties to the revenue sharing 
        agreement.
            (4) Not less than 50 percent of the amounts collected from 
        the sale of the National Park Passport shall remain available 
        for use at the specific area, site, or project at which the 
        fees were collected and the balance of the receipts 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 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 total 
revenues 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 effects.

SEC. 5. REPORTS.

    On January 1, 2009, and every three years thereafter the Secretary 
shall submit to the Congress a report detailing the status of the 
Recreation Fee Program conducted in units of the National Park System 
including an evaluation of the Recreation Fee Program conducted at each 
unit of the National Park System; a description of projects that were 
funded, work accomplished, and future projects and programs for funding 
with fees, and any recommendations for changes in the overall fee 
system.

            Passed the Senate May 19, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 1107

_______________________________________________________________________

                                 AN ACT

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