[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4084 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4084

To amend the Forest Service use and occupancy permit program to restore 
 the authority of the Secretary of Agriculture to utilize the special 
   use permit fees collected by the Secretary in connection with the 
establishment and operation of marinas in units of the National Forest 
     System derived from the public domain, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2005

  Mr. Herger introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

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                                 A BILL


 
To amend the Forest Service use and occupancy permit program to restore 
 the authority of the Secretary of Agriculture to utilize the special 
   use permit fees collected by the Secretary in connection with the 
establishment and operation of marinas in units of the National Forest 
     System derived from the public domain, 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. RETENTION AND USE OF FOREST SERVICE MARINA PERMIT FEES FROM 
              NATIONAL FOREST SYSTEM UNITS DERIVED FROM THE PUBLIC 
              DOMAIN.

    The last paragraph under the heading ``forest service'' in the Act 
of March 4, 1915 (16 U.S.C. 497), is amended--
            (1) by striking ``The Secretary of Agriculture'' and 
        inserting the following:
    ``(A) Permits for Use and Occupancy of National Forest System 
Lands.--The Secretary of Agriculture'';
            (2) by striking ``The authority'' and inserting the 
        following:
    ``(B) Limitation on Use of Permits.--The authority''; and
            (3) by adding at the end the following:
    ``(C) Special Rules Regarding Marina Permits.--Amounts collected in 
connection with the issuance of a special use permit under this 
paragraph for a marina at a unit of the National Forest System derived 
from the public domain shall be deposited in an existing special 
account in the Treasury established for the Secretary of Agriculture 
for recreation management purposes. Amounts so deposited shall be 
available to the Secretary of Agriculture, until expended and without 
further appropriation, for repair, maintenance, and facility 
enhancement related directly to visitor enjoyment, visitor access, and 
health and safety, for interpretation, visitor information, visitor 
service, visitor needs assessments, and signs, for habitat restoration 
directly related to wildlife-dependent recreation that is limited to 
hunting, fishing, wildlife observation, or photography, for law 
enforcement related to public use and recreation, and for direct 
operating or capital costs associated with the issuance of such special 
use permits, including any fee management agreement or reservation 
service used in the issuance of such permits. The Secretary may not use 
such amounts for biological monitoring for listed or candidate species 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Not 
less than 80 percent of the permit fees collected at a specific unit of 
the National Forest System shall be expended for that unit, but the 
Secretary may transfer up to 20 percent of such fees to appropriations 
available to enhance recreation opportunities at other units of the 
National Forest System.''.
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