II 111th CONGRESS 1st Session S. 868 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.

1.

Short title

This Act may be cited as the Fee Repeal and Expanded Access Act of 2009.

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:

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:

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).

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.