[Congressional Record Volume 148, Number 76 (Tuesday, June 11, 2002)]
[Senate]
[Pages S5367-S5369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2607. A bill to authorize the Secretary of the Interior and the 
Secretary of Agriculture to collect recreation fees on Federal lands, 
and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing legislation to 
authorize the Federal land management agencies, the National Park 
Service, U.S. Fish and Wildlife Service, Bureau of Land Management and 
Forest Service, to collect visitor recreation fees, and to use the 
proceeds from the fees to continue to fund high priority resource 
protection and maintenance backlog needs.
  Following enactment of the Recreation Fee Demonstration Program in 
1996, the Federal agencies have been authorized to experiment with 
various fee collection proposals. That program also authorized the 
Federal agencies, for the first time, to retain all of the fee revenues 
and to use those funds, without the need for further appropriation, on 
maintenance backlog and other funding needs.
  The Recreation Fee Demonstration Program has been extended each year, 
most recently through September 30, 2004. For the most part, the fee 
demonstration program has been very successful. However, unlike the 
previous fee authority in the Land and Water Conservation Fund Act, the 
fee demonstration program contained no guidance to the agencies or 
limitations on the types of fees that could be collected. As a result, 
the program has generated some controversy, especially with respect to 
certain Forest Service and Bureau of Land Management lands where fees 
had not historically been charged.
  The bill I am introducing today builds upon the positive results from 
the Recreation Fee Demonstration Program, while including new criteria 
to ensure that fees are not imposed inappropriately. The bill provides 
the Secretary of the Interior and the Secretary of Agriculture with 
considerable discretion to administer the program while ensuring that 
recreational access to Federal lands remains available to all 
Americans. Most importantly, the bill maintains the existing 
requirement that a majority of the fees be retained for expenditure at 
the site where collected.
  I believe there is strong support for enacting permanent fee 
authority. The Committee on Energy and Natural Resources will hold a 
hearing on this bill on June 19, and I hope it will be ready for 
consideration by the full Senate in the near future.
  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. 2607

       Be it enacted in the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S5368]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Lands Recreation Fee 
     Authority Act''.

     SEC. 2. RECREATION FEES ON FEDERAL LANDS.

       (a) General Authority.--Except as provided in subsection 
     (b):
       (1) The Secretary of the Interior is authorized to collect 
     recreation fees, including entrance and use fees, on the 
     following lands administered by the Secretary:
       (A) Units of the National Park System;
       (B) Units of the National Wildlife Refuge System; and
       (C) National monuments and national conservation areas 
     administered by the Bureau of Land Management.
       (2) The Secretary of Agriculture is authorized to collect 
     recreation fees, including entrance and use fees, on the 
     following National Forest System lands administered by the 
     Secretary:
       (A) National monuments;
       (B) National volcanic monuments;
       (C) National scenic areas; and
       (D) National recreation areas.
       (3) The Secretary of the Interior, with respect to lands 
     administered by the Bureau of Land Management, and the 
     Secretary of Agriculture, with respect to National Forest 
     System lands, is also authorized to collect fees at areas not 
     described in paragraphs (1) and (2) if--
       (A) such area is managed primarily for outdoor recreation 
     purposes and contains at least one major recreation 
     attraction;
       (B) such area has had substantial Federal investments, as 
     determined by the appropriate Secretary, in--
       (i) providing facilities or services to the public; or
       (ii) restoring resource degradation caused by public use; 
     and
       (C) public access to the area is provided in such a manner 
     that entrance fees can be efficiently collected at one or 
     more centralized locations.
       (5) The Secretary of the Interior or the Secretary of 
     Agriculture, as appropriate, may reduce or waive any fee 
     authorized under this Act, as appropriate.
       (6) For each unit or area collecting an entrance fee, the 
     appropriate Secretary shall establish at least one day each 
     year during periods of high visitation as a ``Fee Free Day'' 
     when no entrance fee shall be charged.
       (7) No recreation fees of any kind shall be imposed or 
     collected for outdoor recreation purposes on Federal lands 
     under the jurisdiction of the Secretary of the Interior or 
     the Secretary of Agriculture, except as provided in this Act.
       (b) Prohibition on Fees.--(1) No recreation fees shall be 
     charged under this Act--
       (A) for travel by private, noncommercial vehicle over any 
     national parkway or any road or highway established as a part 
     of the National Federal Aid System, as defined in section 101 
     of title 23, United States Code, which is commonly used by 
     the public as a means of travel between two places, either or 
     both of which are outside of the fee area;
       (B) for travel by private, noncommercial vehicle over any 
     road or highway to any land in which a person has any 
     property right if such land is within the unit or area at 
     which recreation fees are charged;
       (C) for any person who has a right of access for hunting or 
     fishing privileges under a specific provision of law or 
     treaty; or
       (D for any person who is engaged in the conduct of official 
     business within the unit or area at which recreation fees are 
     charged.
       (2) Entrance fees shall not be charged--
       (A) for any person under 16 years of age;
       (B) for admission of organized school groups or outings 
     conducted for education purposes by schools or other bona 
     fide educational institutions;
       (C) for any area containing deed restrictions on charging 
     fees;
       (D) for any person entering a national wildlife refuge who 
     is the holder of a valid migratory bird hunting and 
     conservation stamp issued under section 2 of the Act of March 
     16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp 
     Act);
       (E) for any person holding a valid Golden Eagle Passport, 
     Golden Age Passport, Golden Access Passport, or for entrance 
     to units of the National Park System, a National Parks 
     Passport; and
       (F) at the following areas administered by the National 
     Park Service:
       (i) U.S.S. Arizona Memorial;
       (ii) Independence National Historical Park;
       (iii) any unit of the National Park System within the 
     District of Columbia or the Arlington House--Robert E. Lee 
     National Memorial in Virginia; and
       (iv) any unit of the National Park System located in 
     Alaska, with the exception of Denali National Park and 
     Preserve (notwithstanding section 203 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 410hh-2)); and
       (G) in Smoky Mountains National Park, unless entrance fees 
     are charged on main highways and thoroughfares, no fees shall 
     be charged for entrance on other routes into the park, or any 
     part thereof.
       (c) Fee Considerations.--(1) Recreation fees charged by the 
     Secretary of the Interior or the Secretary of Agriculture 
     shall be fair and equitable, taking into consideration--
       (A) the direct and indirect cost to the Federal agency 
     involved;
       (B) the benefits and services provided to the visitor;
       (C) the public policy and management objectives served;
       (D) costs to the visitor;
       (E) the effect of multiple fees charged within the same 
     area;
       (F) fees charged at comparable sites by other public 
     agencies; and
       (G) the economic and administrative feasibility of fee 
     collection at the site.
       (2) The Secretary of the Interior and the Secretary of 
     Agriculture shall work cooperatively to ensure that 
     comparable fees and services are established on Federal lands 
     under each Secretary's jurisdiction, and that guidelines for 
     assessing the type and amount of recreation fees are 
     consistent between areas under each Secretary's jurisdiction.
       (3) The Secretary of the Interior and the Secretary of 
     Agriculture shall, to the extent practicable, seek to 
     minimize multiple fees within specific units or areas.
       (d) Recreation Use Fees.--(1) The Secretary of the Interior 
     and the Secretary of Agriculture may provide for the 
     collection of recreation use fees where the Federal agency 
     develops, administers, provides, or furnishes at Federal 
     expense, specialized outdoor recreation sites, facilities, 
     equipment, or services.
       (2) As used in this subsection, the term ``specialized 
     outdoor recreation sites, facilities, equipment, or 
     services'' includes--
       (A) a developed campground;
       (B) a swimming site;
       (C) a boat launch facility;
       (D) a managed parking lot;
       (E) facility or equipment rental;
       (F) an enhanced interpretive program;
       (G) a reservation service; or
       (H) a transportation service.
       (3) Recreation use fees may not be charged for--
       (A) general access to an area;
       (B) access to a visitor center;
       (C) a dispersed area with little or no Federal investment;
       (D) a scenic overlook or wayside;
       (E) drinking fountains or restrooms;
       (F) undeveloped parking;
       (G) picnic tables (when not part of a developed campground 
     or recreation area);
       (H) special attention or extra services necessary to meet 
     the needs of the disabled; or
       (I) any nonrecreational activity authorized under a valid 
     permit issued under any other Act.
       (e) Special Recreation Permit Fee.--The Secretary of the 
     Interior or the Secretary of Agriculture may require a 
     special recreation permit and may charge a special recreation 
     permit fee for recreation use involving a group activity, a 
     commercial tour, a commercial aircraft tour, a recreation 
     event, use by a motorized recreation vehicle, a competitive 
     event, and an activity where a permit is required to ensure 
     resource protection or public safety.

     SEC. 3. ANNUAL PASSES.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of Agriculture shall jointly establish procedures 
     for the issuance of, and make available the following passes:
       (1) Golden eagle passport.--An annual admission permit, to 
     be known as the ``Golden Eagle Passport'', to be valid for a 
     period of one year for admission into any unit or area 
     collecting an entrance fee under this Act.
       (2) Golden age passport.--A lifetime admission permit to 
     any citizen of, or person domiciled in the United States 
     sixty-two years of age or older, entitling the permittee to 
     admission into any unit or area collecting an entrance fee 
     under this Act.
       (3) Golden access passport.--A lifetime admission permit to 
     any citizen of, or person domiciled in the United States who 
     is blind or permanently disabled, to be issued without cost.
       (4) Other passes.--The Secretary of the Interior and the 
     Secretary of Agriculture may develop such other annual, 
     regional or site-specific passes as they deem appropriate.
       (b) Terms and Conditions.--
       (1) Unless determined otherwise by the Secretary of the 
     Interior and the Secretary of Agriculture, the passes 
     authorized under this section shall be issued under the same 
     terms and conditions as existed for such passes as of the 
     date of enactment of this Act.
       (2) The Secretaries shall develop such terms and conditions 
     for the passes authorized in this section as they deem 
     necessary.
       (c) National Park Passport.--Nothing in this Act affects 
     the authority of the Secretary of the Interior to issue 
     national park passports, as authorized in title VI of the 
     National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 
     et seq.).

     SEC. 4. ADMINISTRATION.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of Agriculture shall establish guidelines 
     identifying the process by which the agencies under each 
     Secretary's jurisdiction shall establish and change the 
     amounts charged for any recreation fee, including entrance 
     fees, recreation use fees, or special recreation permit fees 
     collected under this Act. Such guidelines shall require that 
     the agencies coordinate with each other, to the extent 
     practicable, when establishing or changing fees.
       (b) Notice.--The Secretary of the Interior or the Secretary 
     of Agriculture, as appropriate, shall post clear notice of 
     any entrance fee and available passes at appropriate 
     locations within each area where a recreation fee is charged. 
     Notice shall also be included in publications distributed at 
     the unit or area where the fee is collected. The Secretaries 
     shall jointly take such actions as may be necessary to 
     provide information to the public on all available passes 
     authorized by this Act.

[[Page S5369]]

       (c) Notice of Recreation Fee Projects.--The Secretary of 
     the Interior and the Secretary of Agriculture shall, to the 
     extent practicable, post clear notice of where work is being 
     done using fee revenues collected under this Act.
       (d) Fee Management Agreements.--Notwithstanding the Federal 
     Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 
     et seq.), the Secretary of the Interior and the Secretary of 
     Agriculture may enter into fee management agreements, that 
     provide for reasonable commissions or reimbursements, with 
     any governmental or nongovernmental entities to provide fee 
     collection and processing services, including visitor 
     reservation services.
       (e) Volunteers.--The Secretary of the Interior and the 
     Secretary of Agriculture may use volunteers, as appropriate, 
     to collect fees and sell passes authorized by this Act.

     SEC. 5. EXPENDITURE OF FEES.

       (a) Special Account.--The Secretary of the Treasury shall 
     establish a separate special account in the Treasury for each 
     Federal agency collecting recreation fees under this Act. 
     Amounts collected by each agency under this Act shall be 
     deposited into its special account in the Treasury, and shall 
     be available for expenditure by the appropriate agency, 
     without further appropriation, to remain available until 
     expended.
       (b) Distribution.--(1) Eighty percent of the amounts 
     collected at a specific unit or area shall remain available 
     for expenditure without further appropriation, at the unit or 
     area where the fees were collected, except that the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     appropriate, may reduce the local allocation amount to not 
     less than 60 percent of the fees collected if the Secretary 
     determines that the unit or area's revenues in any specific 
     fiscal year exceed its reasonable needs for which 
     expenditures may be made.
       (2) Amount not retained at the site or area collecting the 
     fee shall remain available for expenditure without further 
     appropriation to the Federal agency administering the site, 
     for distribution in accordance with national priority needs 
     within such agency.
       (3) Revenues from the sale of annual passes shall be 
     distributed in accordance with revenue sharing agreements 
     developed by the Secretary of the Interior and the Secretary 
     of Agriculture.
       (c) Use of Fee Revenues.--Amounts made available under 
     subsection (b)(1) for expenditure at a specific unit or area 
     shall be accounted for separately from amounts available 
     under (b)(2). Both amounts shall be used for resource 
     preservation, backlogged repair and maintenance projects 
     (including projects related to health and safety), 
     interpretation, signage, habitat for facility enhancement, 
     law enforcement related to public use, maintenance, and 
     direct operating or capital costs associated with the 
     recreation fee program.

     SEC. 6. CONFORMING AMENDMENTS.

       (a) Repeal of Other Fee Authorities.--Section 4 of the Land 
     and Water Conservation Fund Act (16 U.S.C. 4601-4a) and 
     section 315 of Public Law 104-134, as amended (16 U.S.C. 
     4601-4a note), are repealed, except that the repeal of such 
     provisions shall not affect the expenditure of revenues 
     already obligated. All unobligated amounts as of the date of 
     enactment of this Act shall be transferred to the appropriate 
     special account established under this Act and shall be 
     available as provided in this Act.
       (b) Federal and State Law Unaffected.--Nothing in this Act 
     shall be construed--
       (1) to authorize Federal hunting or fishing licenses or 
     fees;
       (2) to authorize charges for commercial or other activities 
     not related to recreation;
       (3) to affect any rights or authority of the States with 
     respect to fish and wildlife;
       (4) to repeal or modify any provision of law that provides 
     that any fees or charges collected at specific Federal areas 
     be used for, or created to specific purposes or special funds 
     as authorized by that provision of law; or
       (5) to repeal or modify any provision of law authorizing 
     States or political subdivisions thereof to share in revenues 
     from Federal lands.
                                 ______