[Congressional Record Volume 152, Number 67 (Thursday, May 25, 2006)]
[Senate]
[Pages S5254-S5256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 3188. A bill to amend the Forest Service use and occupancy permit 
program to restore the authority of the Secretary of Agriculture to 
utilize the special use permit fees collected by the Secretary in 
connection with the establishment and operation of marinas in units of 
the National Forest System derived from the public domain, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation that 
will restore authority to the Forest Service to retain marina permit 
revenue for local expenditure.
  Within some National Forests, the Forest Service has partnered with 
local small business owners, allowing them to operate houseboat 
marinas. In exchange, the Forest Service collects occupancy fees from 
these marina operators. A portion of these fees had, until recently, 
been kept in the Forest for local recreation and safety enhancement 
projects. My legislation allows the Forest Service to once again use 
these fees in the Forest where they were generated, and where their 
impact will be most direct.
  Several units of the National Forest system will benefit from this 
legislation, but the unit most affected is the Shasta-Trinity National 
Forest in California. Under the 1996 Recreation Fee Demonstration 
Program, the Shasta-Trinity Forest developed a recreation enhancement 
program at Shasta and Trinity Lakes. Forest Service officials used a 
portion of the revenue from this program for projects like dock repair, 
improved handicapped access, safety markers for boaters, law 
enforcement, and campground construction. Over $4 million was invested 
in the Forest through this program.
  However, the program was inadvertently repealed when the Federal 
Lands Recreation Enhancement Act was passed. My legislation will 
correct this oversight by amending the Forest Service's Special Use 
Permit program, returning this recreation and safety project authority 
to the agency.
  Recreation on Federal lands is important to quality of life in my 
state and throughout the nation. In many rural areas, it also provides 
a boost to the economy. I urge my colleagues to support this 
legislation. It is a simple bill correcting an oversight in the Federal 
Lands Recreation Enhancement Act. Nonetheless, it has important 
implications both for recreation enhancement and for the local 
economies around the affected National Forests.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S5256]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3188

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

     SECTION 1. RETENTION AND USE OF FOREST SERVICE MARINA PERMIT 
                   FEES FROM NATIONAL FOREST SYSTEM UNITS DERIVED 
                   FROM THE PUBLIC DOMAIN.

       The last paragraph under the heading ``forest service'' in 
     the Act of March 4, 1915 (16 U.S.C. 497), is amended--
       (1) by striking ``The Secretary of Agriculture'' and 
     inserting the following:
       ``(A) Permits for use and occupancy of national forest 
     system lands.--The Secretary of Agriculture'';
       (2) by striking ``The authority'' and inserting the 
     following:
       ``(B) Limitation on use of permits.--The authority''; and
       (3) by adding at the end the following:
       ``(C) Special rules regarding marina permits.--Amounts 
     collected in connection with the issuance of a special use 
     permit under this paragraph for a marina at a unit of the 
     National Forest System derived from the public domain shall 
     be deposited in an existing special account in the Treasury 
     established for the Secretary of Agriculture for recreation 
     management purposes. Amounts so deposited shall be available 
     to the Secretary of Agriculture, until expended and without 
     further appropriation, for repair, maintenance, and facility 
     enhancement related directly to visitor enjoyment, visitor 
     access, and health and safety, for interpretation, visitor 
     information, visitor service, visitor needs assessments, and 
     signs, for habitat restoration directly related to wildlife-
     dependent recreation that is limited to hunting, fishing, 
     wildlife observation, or photography, for law enforcement 
     related to public use and recreation, and for direct 
     operating or capital costs associated with the issuance of 
     such special use permits, including any fee management 
     agreement or reservation service used in the issuance of such 
     permits. The Secretary may not use such amounts for 
     biological monitoring for listed or candidate species under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
     Not less than 80 percent of the permit fees collected at a 
     specific unit of the National Forest System shall be expended 
     for that unit, but the Secretary may transfer up to 20 
     percent of such fees to appropriations available to enhance 
     recreation opportunities at other units of the National 
     Forest System.''.
                                 ______