[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Senate]
[Pages S6988-S6989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS:
  S. 1107. A bill to enhance the Recreation 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 2003. 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 maintenance and infrastructure needs. The National 
Park Service alone has roughly a $5 billion backlog 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 in 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 a 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 an 
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 National 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.
  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. 1107

       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 ``Recreational Fee Authority 
     Act of 2003''.

     SEC. 2. RECREATION FEE AUTHORITY.

       (a) In General.--Beginning in Fiscal Year 2004 and 
     thereafter, the Secretary of the Interior (``Secretary'') may 
     establish, modify, charge, and collect fees for admission to 
     a unit of the National Park System and the use of National 
     Park Service (``Service'') administered areas, lands, sites, 
     facilities, and services (including reservations) by 
     individuals and/or groups. Fees shall be based on an analysis 
     by the Secretary of--
       (A) the benefits and services provided to the visitor;
       (B) the cumulative effect of fees;
       (C) the comparable fees charged elsewhere and by other 
     public agencies and by nearby private sector operators;
       (D) the direct and indirect cost and benefit to the 
     government;
       (E) public policy or management objectives served;
       (F) economic and administrative feasibility of fee 
     collection, and
       (G) other factors or criteria determined by the Secretary.
       (b) Number of Fees.--The Secretary shall establish the 
     minimum number of fees and shall avoid the collection of 
     multiple or layered fees for a wide variety of uses, 
     activities or programs.
       (c) Analysis.--The results of the analysis together with 
     the Secretary's determination of appropriate fee levels shall 
     be transmitted to the Congress at least three months prior to 
     publication of such fees in the Federal Register. New fees 
     and any increases or decreases in established fees shall be 
     published in the Federal Register and no new fee or change in 
     the amount of fees shall take place until at least 12 months 
     after the date the notice is published in the Federal 
     Register.
       (d) Additional Authorities.--Beginning on October 1, 2003 
     the Secretary may enter into agreements, including contracts 
     to provide reasonable commissions or reimbursements with any 
     public or private entity for visitor reservation services, 
     fee collection and/or processing services.
       (e) Administration.--The Secretary may provide discounted 
     or free admission days or use, may modify the National Park 
     Passport, established pursuant to Public Law 105-391, and 
     shall provide information to the public about the various fee 
     programs and the costs and benefits of each program.
       (f) State Agency Admission and Special Use Passes.--
     Effective October 1, 2003 and notwithstanding the Federal 
     Grants Cooperative Agreements Act, the Secretary may 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, to State agency annual passes and 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 except 
     where the Secretary has established a fee that includes a 
     unit or units located in more than one State.

     SEC. 3. DISTRIBUTION OF RECEIPTS.

       (a) Without further appropriation, all receipts collected 
     pursuant to the Act or from sales of the National Park 
     Passport shall be retained by the Secretary and may be 
     expended as follows--
       (1) 80 percent of amounts collected at a specific area, 
     site, or project as determined by the Secretary, shall remain 
     available for use at the specific area, site or project, 
     except for those units of the National Park System that 
     participate in an active revenue sharing agreement with a 
     State under Section 2(f) of this Act, not less than 90 
     percent of amounts collected at a specific area, site, or 
     project shall remain available for use.
       (2) The balance of the amounts collected shall remain 
     available for use by the Service on a Service-wide basis as 
     determined by the Secretary.
       (3) Monies generated as a result of revenue sharing 
     agreements established pursuant to Section 2(f) may provide 
     for a fee-sharing arrangement. The Service shares of fees 
     shall be distributed equally to all units of the National 
     Park System in the specific States that are parties to the 
     revenue sharing agreement.
       (4) Not less than 50 percent of the amounts collected from 
     the sale of the National Park Passport shall remain available 
     for use at the specific area, site, or project at which the 
     fees were collected and the balance of the receipts 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 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, 
     visitor needs assessments, monitoring, and signs;
       (3) habitat enhancement, resource assessment, preservation, 
     protection, and restoration related to recreation use, and

[[Page S6989]]

       (4) law enforcement relating to public use and recreation.
       (b) The Secretary may use not more than fifteen percent of 
     total revenues 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 effects.

     SEC. 5. REPORTS.

       (a) On January 1, 2006 and every three years thereafter the 
     Secretary shall submit to the Congress a report detailing the 
     status of the Recreation Fee Program conducted in units of 
     the National Park System including an evaluation of the 
     Recreation Fee Program conducted at each unit of the National 
     Park System; a description of projects that were funded, work 
     accomplished, and future projects and programs for funding 
     with fees, and any recommendations for changes in the overall 
     fee system.
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