[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 868 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 868

     To repeal certain provisions of the Federal Lands Recreation 
                            Enhancement Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

  Mr. Baucus (for himself, Mr. Crapo, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To repeal certain provisions of the Federal Lands Recreation 
                            Enhancement Act.

    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 ``Fee Repeal and Expanded Access Act 
of 2009''.

SEC. 2. RECREATION FEE AUTHORITIES.

    The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et 
seq.) is amended--
            (1) by striking section 801 (16 U.S.C. 6801 note) and 
        inserting the following:

``SEC. 801. SHORT TITLE.

    ``This Act may be cited as the `Federal Lands Recreation 
Enhancement Act'.'';
            (2) by striking sections 802 through 812 (16 U.S.C. 6801 
        through 6811) and inserting the following:

``SEC. 802. RECREATION FEE AUTHORITY.

    ``(a) In General.--Beginning January 1, 2010, subject to 
subsections (c) and (d), the Secretary of the Interior (referred to in 
this section as the `Secretary') may establish and collect any fee from 
individuals or groups for--
            ``(1) admission to a unit of the National Park System, 
        including a commercial vehicle admission fee for a National 
        Park at a level determined by the Secretary; and
            ``(2) the use of only the facilities or services described 
        in subsection (b) at Federal recreational land or water under 
        the jurisdiction of the Director of the National Park Service.
    ``(b) Authorized Facilities and Services.--The facilities and 
services referred to in subsection (a)(2) are the following:
            ``(1) Use of developed campgrounds that provide at least a 
        majority of the following:
                    ``(A) Tent or trailer spaces.
                    ``(B) Picnic tables.
                    ``(C) Drinking water.
                    ``(D) Access roads.
                    ``(E) The collection of the fee by an employee or 
                agent of the Federal land management agency.
                    ``(F) Reasonable visitor protection.
                    ``(G) Refuse containers.
                    ``(H) Toilet facilities.
                    ``(I) Simple devices for containing a campfire.
            ``(2) Use of highly developed boat launches with 
        specialized facilities or services, such as mechanical or 
        hydraulic boat lifts or facilities, multilane paved ramps, 
        paved parking, restrooms, and other improvements, such as 
        boarding floats, loading ramps, or fish cleaning stations.
            ``(3) Rental of cabins, boats, stock animals, lookouts, 
        historic structures, group day-use or overnight sites, audio 
        tour devices, portable sanitation devices.
            ``(4) Use of hookups for electricity, cable, or sewer.
            ``(5) Use of sanitary dump stations.
            ``(6) Use of transportation services.
            ``(7) Use of developed swimming sites that provide at least 
        a majority of the following:
                    ``(A) Bathhouses with showers and flush toilets.
                    ``(B) Refuse containers.
                    ``(C) Picnic areas.
                    ``(D) Paved parking.
                    ``(E) Attendants, including lifeguards.
                    ``(F) Floats encompassing the swimming area.
                    ``(G) Swimming decks.
    ``(c) Prohibition on Fees for Certain Persons or Places.--The 
Secretary shall not charge an admission fee under subsection (a) for--
            ``(1) a person under 16 years of age;
            ``(2) an outing conducted for a noncommercial educational 
        purpose by a school or other academic institution;
            ``(3)(A) the USS Arizona Memorial;
            ``(B) the Independence National Historical Park;
            ``(C) any unit of the National Park System within the 
        District of Columbia; or
            ``(D) the Arlington House--Robert E. Lee National Memorial;
            ``(4) the Flight 93 National Memorial;
            ``(5) an entrance on other route into the Great Smoky 
        Mountains National Park or any part of the Park unless fees are 
        charged for entrance into the Park on main highways and 
        thoroughfares;
            ``(6) an entrance to a unit of the National Park System 
        containing a deed restriction on charging fees; or
            ``(7) an area or unit covered under section 203 of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        410hh-2), other than the Denali National Park and Preserve.
    ``(d) Prohibited Sites.--The Secretary shall not charge a fee under 
subsection (a) for Federal recreational land or water managed by--
            ``(1) the Director of the Bureau of Land Management; or
            ``(2) the Commissioner of Reclamation.
    ``(e) Requirements.--In establishing fees pursuant to this section, 
the Secretary shall--
            ``(1) establish the minimum practicable number of fees; and
            ``(2) avoid, to the maximum extent practicable, collection 
        of multiple or layered fees for a variety of activities or 
        programs.
    ``(f) Analysis.--
            ``(1) In general.--Before establishing a fee under 
        subsection (a), the Secretary shall analyze--
                    ``(A) the benefits and services provided to 
                visitors to National Parks;
                    ``(B) the cumulative effect of the assessment of 
                the fee;
                    ``(C) the direct and indirect cost and benefit to 
                the Federal Government with respect to the fee;
                    ``(D) applicable public policy and management 
                objectives;
                    ``(E) the economic and administrative feasibility 
                of fee collection; and
                    ``(F) such other factors as the Secretary 
                determines to be appropriate.
            ``(2) Submission to congress.--Not later than the date that 
        is 90 days before the date on which a fee established under 
        subsection (a) is published in the Federal Register, the 
        Secretary shall submit to Congress--
                    ``(A) the analysis conducted with respect to the 
                fee under paragraph (1); and
                    ``(B) a description of the level of the fee.
    ``(g) Publication.--
            ``(1) In general.--The Secretary shall publish in the 
        Federal Register a notice of--
                    ``(A) any new fee established pursuant to this 
                section; and
                    ``(B) any change in the amount of such a fee.
            ``(2) Effective date.--A fee established pursuant to this 
        section, and any modification to such a fee, shall not take 
        effect until the date that is 1 year after the date on which a 
        notification regarding the fee or modification is published in 
        the Federal Register under paragraph (1).
    ``(h) Administration.--
            ``(1) In general.--The Secretary--
                    ``(A) may waive or discount a fee established 
                pursuant to this section, as the Secretary determines 
                to be appropriate; and
                    ``(B) shall provide information to the public 
                regarding any fee program under this section, including 
                a description of the costs and benefits of the program.
            ``(2) Administrative costs.--The Secretary may use not more 
        than 15 percent of the total amount of fees collected pursuant 
        to this section for administrative costs of the recreation fee 
        program, including--
                    ``(A) direct operating or capital costs;
                    ``(B) the costs of fee collection;
                    ``(C) the costs of notification of fee 
                requirements;
                    ``(D) the costs of direct infrastructure;
                    ``(E) fee program management costs;
                    ``(F) the costs of bonding of volunteers;
                    ``(G) start-up costs; and
                    ``(H) the costs of analyzing and reporting on 
                program success and effects.
    ``(i) Distribution of Receipts.--Of amounts received by the 
Secretary as a result of a fee collected at a specific area, site, or 
facility pursuant to this section--
            ``(1) not less than 80 percent shall be used at the 
        specific area, site, or facility in accordance with subsection 
        (j); and
            ``(2) not more than 20 percent shall be used for other 
        activities or facilities of the National Park Service, as the 
        Secretary determines to be appropriate.
    ``(j) Use of Funds.--Amounts described in subsection (i)(1) may be 
used at an area, site, or facility for--
            ``(1) repair, maintenance, facility enhancement, media 
        services, and infrastructure, including projects 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 relating to 
        recreational uses; and
            ``(4) law enforcement relating to public use and 
        recreation.
    ``(k) Reports.--On January 1, 2014, and every 3 years thereafter, 
the Secretary shall submit to Congress a report describing the status 
of the recreation fee program under this section, including--
            ``(1) an evaluation of the program as conducted at each 
        unit of the National Park System;
            ``(2) a description of projects funded, activities 
        accomplished, and future projects and programs proposed to be 
        conducted using the fees; and
            ``(3) any recommendations for modifications to the fee 
        system of the Secretary.''
            (3) in section 813 (16 U.S.C. 6812), by striking 
        subsections (e) and (f); and
            (4) by striking section 814 (16 U.S.C. 6813).

SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES.

    (a) Repeal.--Subsections (a), (c), and (d) of section 813 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed 
effective December 8, 2004.
    (b) Applicability.--
            (1) Land and water conservation fund act of 1965.--
        Subsections (a) through (f), and (g) of section 4 of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) 
        shall be applied and administered as if section 813(a) of the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) 
        had not been enacted.
            (2) Admission permits for refuge units.--Section 201 of the 
        Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall 
        be applied and administered as if section 813(c) of the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not 
        been enacted.
            (3) Golden eagle passport.--Section 502 of the National 
        Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be 
        applied and administered as if section 813(d) of the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not 
        been enacted.
            (4) National park passport program.--
                    (A) In general.--Title VI of the National Parks 
                Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.) 
                shall be applied and administered as if section 813(d) 
                of the Federal Lands Recreation Enhancement Act (16 
                U.S.C. 6812(d)) had not been enacted.
                    (B) Conforming amendment.--Section 603(c) of the 
                National Parks Omnibus Management Act of 1998 (16 
                U.S.C. 5993(c)) is amended by striking paragraph (2) 
                and inserting the following:
            ``(2) General use.--Of amounts received by the Secretary as 
        a result of sales of national park passports at a specific 
        area, site, or facility--
                    ``(A) not less than 50 percent shall remain 
                available for use at the specific area, site, or 
                facility at which the sales occurred; and
                    ``(B) not more than 50 percent shall be used for 
                other activities or facilities of the National Park 
                Service, as the Secretary determines to be 
                appropriate.''.
    (c) Admission Fees.--Section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect 
after subsections (a) and (b) take effect) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence of subparagraph (A)(i), 
                by striking ``$25'' and and inserting ``$65''; and
                    (B) in the second sentence of subparagraph (B), by 
                striking ``$15'' and inserting ``$40''; and
            (2) in paragraph (2)--
                    (A) in the fourth sentence, by striking ``$5'' and 
                inserting ``$25''; and
                    (B) in the sixth sentence, by striking ``$3'' and 
                inserting ``$12''.
                                 <all>