[Congressional Record Volume 150, Number 72 (Thursday, May 20, 2004)]
[Senate]
[Pages S6017-S6018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 RECREATIONAL FEE AUTHORITY ACT OF 2004

  On Wednesday, May 19, 2004, the Senate passed S. 1107, 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 2004''.

     SEC. 2. RECREATION FEE AUTHORITY.

       (a) In General.--Beginning 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 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 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 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

[[Page S6018]]

     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, 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.

                          ____________________