[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Pages S5841-S5842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 RECREATIONAL FEE AUTHORITY ACT OF 2004

  The Senate proceeded to consider the bill (S. 1107) to enhance the 
Recreational Fee Demonstration Program for the National Park Service, 
and for other purposes, which had been reported from the Committee on 
Energy and Natural Resources, with amendments, as follows:
  [Strike in parts shown in black brackets and insert the parts shown 
in italic.]

                                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] 2004''.

     SEC. 2. RECREATION FEE AUTHORITY.

       (a) In General.--Beginning [in Fiscal Year 2004 and 
     thereafter,] on January 1, 2006, 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--
       (1) the benefits and services provided to the visitor;
       (2) the cumulative effect of fees;
       (3) the comparable fees charged elsewhere and by other 
     public agencies and by nearby private sector operators;
       (4) the direct and indirect cost and benefit to the 
     government;
       (5) public policy or management objectives served;
       (6) economic and administrative feasibility of fee 
     collection; and
       (7) 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] 
     January 1, 2006, 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] January 1, 2006, 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.

       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

[[Page S5842]]

     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
       (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.

       On January 1, [2006,] 2009, 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.

  The committee amendments were agreed to.
  The bill (S. 1107), as amended, was passed, as follows:
  (The bill will be printed in a future edition of the Record.

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