[Congressional Record Volume 148, Number 57 (Wednesday, May 8, 2002)]
[Senate]
[Pages S4066-S4068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS:
  S. 2473. A bill to enhance the Recreational Fee Demonstration Program 
for the National Park Service, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. THOMAS. Mr. President, I rise today to introduce the Recreation 
Fee Authority Act of 2002. This legislation modifies the 
congressionally created Recreation Fee Demonstration Program.
  The issue of user fees on public lands is a difficult one. As you 
know, our Nation's parks and recreation areas are in serious trouble 
and have significant

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maintenance and infrastructure needs. The National Park Service alone 
has roughly an $8 billion blacklog in maintenance and infrastructure 
repair. There are a number of reasons for this funding shortage, 
including poor park management, congressional inaction and apathy from 
the American public.
  Currently, the Recreation Fee Demonstration Program allows the 
National Park Service, Bureau of Land Management, Fish and Wildlife 
Service and the U.S. Forest Service to collect and expend funds for 
areas in need of additional financial support. Agencies collect fees 
for admission to a unit or site for special uses such as boating and 
back country camping fees and are able to use 80 percent of the 
receipts for protection and enhancement of that area. Fees are 
typically used for visitor services, maintenance and repair of 
facilities as well as cultural and natural resource management. The 
remaining 20 percent is used on an agency-wide basis for parts of the 
system, which are precluded from participating in the Recreation Fee 
Demonstration program.
  The legislation I am introducing today allows permanent authorization 
of the Recreation Fee Demonstration Program for national parks, and 
provides some new flexibility. For example, many visitors frequent 
national and State parks, but are not allowed to use State and national 
passes interchangeably. In cooperation with State-agencies, the 
Secretary of the Interior will be authorized to enter into revenue 
sharing agreements to accept State and national park passes at sites 
within that State, providing cost savings and convenience for the 
visitor.
  In the past, concerns have been expressed about ``nickel and dime'' 
efforts where there appears to be a lack of planning and coordination 
by agency officials. Fee programs under this legislation would be 
established at fair and equitable rates. Each unit would perform a 
market analysis to consider benefits and services provided to the 
visitor, cumulative effect of fees, public policy and management 
objectives and feasibility of fee collection. This review would serve 
as a business plan for each site so that managers could utilize scarce 
resources in the most efficient manner.
  The Recreation Fee Demonstration program was an effort by Congress to 
allow public land agencies to obtain funding in addition to their 
annual appropriations. This legislation will help provide resources for 
badly needed improvement projects and ensure an enhanced experience for 
all visitors.
  We need to guarantee our national treasures are available for 
generations to come. I believe that Congress, the Park Service and 
those interested in helping our parks should cooperate on initiatives 
to protect resources, increase visitor services and improve management 
throughout the system. Working together, we can ensure that these areas 
will remain affordable and accessible for everyone.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2473

       Be it enacted by the Senate and the 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 2002''.

     SEC. 2. RECREATION FEE AUTHORITY.

       (a) Definition of Secretary.--In this Act, the term 
     ``Secretary'' means the Secretary of the Interior.
       (b) Definition of Agency.--In this Act, the term ``Agency'' 
     means the National Park Service.
       (c) In General.--Beginningin Fiscal Year 2003 and 
     thereafter, the Secretary is authorized to--
       (1) establish, charge, and collect fees for the following:
       (A) admission to a unit, area, or site administered by the 
     Agency, and
       (B) the use of Agency administrated areas, lands, sites, 
     facilities, and services (including reservations) by 
     individuals and/or groups.
       (2) establish fair and equitable fees that are a result of 
     a market analysis taking the following criteria into 
     consideration--
       (A) the benefits and services provided to the visitor;
       (B) the cumulative effect of fees charged to the public;
       (C) the comparable fees charged on other units, areas, 
     sites, and other public agencies
       (D) the comparable fees charged by nearby private sector 
     operators;
       (E) the direct and indirect cost to the government;
       (F) the revenue benefits to the government;
       (G) the public policy or management objectives served;
       (H) the economic and administrative feasibility of fee 
     collection, and
       (I) any other pertinent factors or criteria deemed 
     necessary by the Secretary.
       (3) The Secretary shall ensure that individual park units 
     assess only the minimum number of fees consistently on an 
     agency-wide basis in order to avoid the collection of 
     multiple or layered fees for a wide variety of uses, 
     activities and/or programs.
       (4) The results of the market analysis, new fees, increases 
     or decreases in established fees, shall be published in the 
     Federal Register and any change in the amount of fees shall 
     not take place until at least 12 months after the date the 
     notice is published in the Federal Register.
       (d) Additional Authorities.--Beginning in Fiscal Year 2003 
     and thereafter, the Secretary is authorized to--
       (1) enter into agreements, including contracts, which 
     provide for reasonable commissions or reimbursements, with 
     any public or private entity to provide visitor reservation 
     services, fee collection and/or processing services;
       (2) use National Park Service volunteers, as appropriate to 
     collect fees charged pursuant to Section 2(C);
       (3) in establishing fees under this Act, the Secretary may 
     provide discounted or fee admission days or use as deemed 
     appropriate by the Secretary;
       (4) the Secretary may modify the National Park Passport, 
     established pursuant to Public Law 105-391; and
       (5) the Secretary shall take such steps as may be necessary 
     to provide information to the visitor concerning the various 
     fees programs available to them and the costs and benefits of 
     those programs.
       (e) State Agency Admission and Special Use Passes.--
     Beginning in Fiscal Year 2003 and thereafter--
       (1) notwithstanding the Federal Grants Cooperative 
     Agreements Act, the Secretary is authorized to 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, established pursuant to Public Law 105-391, 
     (hereinafter referred to as the ``National Park Passport'') 
     or as Public Law 105-391 may be amended.
       (2) State agency annual passes 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;
       (3) The Secretary may enter into revenue sharing agreements 
     with other Federal agencies and/or Tribal governments to 
     establish, charge and collect fees at areas, sites or 
     projects located on other areas under the jurisdiction of the 
     Secretary, the Secretary of Agriculture and/or the specific 
     Tribal government in which the agreement is made.

     SEC. 3. DISTRIBUTION OF RECEIPTS.

       (a) In General.--
       (1) The Secretary of the Treasury shall establish a special 
     account in the Treasury for the Agency.
       (2) Amounts collected by the Agency under Section 2 shall 
     be deposited in its special account in the Treasury and shall 
     remain available for expenditure without further 
     appropriation until expended.
       (3) Amounts collected from sales of the National Park 
     Passport, or from revenue sharing agreements entered into 
     under Section 2 of this Act shall be deposited in its special 
     account in the Treasury in accordance with guidelines 
     established by the Secretary of the Interior.
       (b) Distribution of Fees.--The amounts deposited in the 
     special account established by subsection (a) shall be 
     distributed as follows:
       (1) Not less than 80 percent of amounts collected pursuant 
     to the Act at a specific area, site, or project as determined 
     by the Secretary, shall remain available for use at the 
     specific area, site or project at which the fees were 
     collected, except that the Secretary may change the 
     allocation amount to not less than 60 percent of fees 
     collected to be returned to the area, site, or project when 
     the Secretary determines that site specific revenues in any 
     given Fiscal Year exceed that site's reasonable needs for 
     that year; except that for those units of the National Park 
     System which participate in an active revenue sharing 
     agreement with a State under Section 2(e) of this Act, not 
     less than 90 percent of amounts collected pursuant to this 
     Act at a specific area, site, or project as determined by the 
     Secretary shall remain for use at the specific area, site or 
     project at which the fees were collected.
       (2) The balance of the amounts collected at a specific 
     area, site, or project not distributed in accordance with 
     paragraph (1), shall remain available for use by the Agency 
     on an agency-wide basis as determined by the Secretary.
       (3) Monies generated as a result of revenue sharing 
     agreements established pursuant to Section 2(e) may provide 
     for a fee-sharing arraignment among the parties to the 
     revenue sharing agreement. Agency shares of fees collected 
     shall be deposited and distributed as described in subsection 
     (b) equally to all units of the National Park System in the 
     specific State that are parties to the revenue sharing 
     agreement.

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       (4) Monies generated as a result of the sale of the 
     National Park Passport shall be distributed as follows: not 
     less than 50 percent of the amounts collected pursuant this 
     Act, as determined by the Secretary shall remain available 
     for use at the specific area, site, or project at which the 
     fees were collected, the balance of the monies generated 
     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 under Section 3 of this Act 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, 
     visitors 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 
     the revenues derived under the authorities of this Act 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 impacts.

     SEC. 5. REPORTS.

       (a) Once every three years after the enactment of this Act 
     the Secretary shall submit to the Committee on Energy and 
     Natural Resources of the United States Senate and the 
     Committee on Resources of the United States House of 
     Representatives a report detailing the status of the 
     Recreation Fee Program conducted in units of the National 
     Park System.
       (1) The report under this section shall contain an 
     evaluation of the Recreation Fee Program conducted at each 
     unit of the National Park System;
       (2) with respect to each unit of the National Park System 
     where a fee is charged under the authorities granted by this 
     Act, a description of projects that were funded, work 
     accomplished, and a description of future projects and 
     programs identified for funding with monies expected to be 
     generated under the authorities granted by this Act, and
       (3) any recommendations for changes in the overall fee 
     system along with any justification as appropriate.

     SEC. 6. REGULATIONS.

       The Secretary may promulgate such rules and regulations as 
     may be necessary to implement this Act.
                                 ______