[House Report 104-757]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-757
_______________________________________________________________________
VISITOR SERVICES IMPROVEMENT AND OUTDOOR LEGACY ACT OF 1996
_______
September 4, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2107]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2107) to amend the Land and Water Conservation Fund Act
of 1965 to improve the quality of visitor services provided by
Federal land management agencies through an incentive-based
recreation fee program, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visitor Services Improvement and
Outdoor Legacy Act of 1996''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the overall quality of the
visitor recreation experience on Federal lands through increased
funding provided by an innovative and incentive-based recreation fee
program combined with an appropriation targeted to meet the increasing
demand for recreational use of the Federal lands.
SEC. 3. REPEAL OF EXISTING RECREATION FEE PROGRAM AND ESTABLISHMENT OF
NEW RECREATION FEE PROGRAM.
Section 4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a) is amended to read as follows:
``recreation fee program
``Sec. 4. (a) Program Goals and Policies.--
``(1) Congressional goals.--It is the policy of Congress that
the Federal land management agencies develop and implement high
quality recreation programs adequate to meet the needs of the
American people and to fund a portion of the cost of providing
recreation services through recreation fees.
``(2) Administrative policies.--The administering Secretaries
shall jointly issue an integrated policy for the establishment
and collection of recreation fees under this section. Such
policy shall--
``(A) permit flexibility with regard to the amounts
charged;
``(B) provide for maximization of the number of
persons who pay fees to ensure that fees remain at the
lowest possible level;
``(C) provide that comparable fees be charged by the
several Federal agencies for similar services and
facilities;
``(D) provide for the establishment of fees in a
manner which is equitable among user groups and which
accounts for any other fees, such as commercial tour
fees and concession fees, which are paid by user groups
and used on Federal lands for recreational purposes;
``(E) define administrative overhead and specify
accounting procedures to ensure that administrative
overhead is not included in the cost of visitor
services provided;
``(F) provide for a uniform procedure for accounting
for fees collected under this section; and
``(G) recognize the importance of the convenience of
the public by avoiding fee programs which are overly
complex or which would require the payment of numerous
fees at a particular area.
``(b) Definitions.--For the purposes of this section:
``(1) Administering secretaries.--The term `administering
Secretaries' means--
``(A) the Secretary of Agriculture with respect to
the Forest Service; and
``(B) the Secretary of the Interior with respect to
the National Park Service, Bureau of Land Management,
United States Fish and Wildlife Service, and Bureau of
Reclamation.
``(2) Agency.--The term `agency' means an agency referred to
in paragraph (1) (A), (B), or (C).
``(3) Area.--The term `area' means an administrative area
managed by an agency, such as a unit of the National Park
System, a national forest, a national wildlife refuge, and a
project area with respect to the Bureau of Reclamation, but
does not include Bureau of Reclamation areas managed by a non-
Federal entity.
``(4) Area of concentrated public use.--The term `area of
concentrated public use' means an area which--
``(A) provides developed facilities or services
necessary to accommodate public use maintained at
Federal expense;
``(B) contains at least one major visitor attraction,
including (but not limited to) a lake, river,
historical or cultural site, or geologic feature; and
``(C) provides public access such that admission fees
can be cost-effectively collected.
``(5) Recreation fees.--The term `recreation fees' means
admission fees, recreation use fees, and fees granted to
Federal agencies from States whether collected by agency
personnel or others.
``(6) Admission fees.--The term `admission fees' means fees
charged for entry into any area designated by the administering
Secretary.
``(7) Recreation use fee.--The term `recreation use fee'
means the charge for specialized recreation services or
facilities furnished at Federal Government expense, including
(but not limited to) campgrounds, boat ramps, and back country
camping by permit.
``(8) Visitor services.--The term `visitor services' means
services and costs directly associated with management of
recreation visitors to Federal lands, including (but not
limited to) such programs as maintenance of facilities which
serve primarily visitor recreation use (such as campgrounds,
scenic roads, trails, visitor centers and picnic areas), public
information and interpretation, resource protection directly
related to public use (such as stream improvement to improve
fishing or mitigation of impacts to resources resulting from
visitor use), and other activities of personnel assigned
predominantly to management of visitors or public safety
programs, but not including costs of regional and Washington
headquarters offices or any administrative services such as
personnel, budget and finance, and procurement.
``(9) Pre-1996 authorized recreation receipts.--The term
`pre-1996 authorized recreation receipts' means the receipts
that would have been received for a fiscal year from fees
collected under section 4 of the Land and Water Conservation
Fund Act of 1965 as such section was in effect on the day
before the date of the enactment of the Visitor Services
Improvement and Outdoor Legacy Act of 1996.
``(10) Concession fees.--The term `concession fees' means
fees paid to the United States pursuant to provisions of law
other than this section for the privilege of providing
concession services, fees paid for the lease of government-
owned facilities, and amounts paid for construction of visitor
facilities.
``(c) Establishment.--
``(1) In general.--In order to improve the quality of the
visitor experience on Federal lands, the administering
Secretaries shall establish and implement a fee program in
accordance with this section which provides for partial
recovery of the costs of visitor services provided through
admission fees, recreation use fees, and concession fees. In
carrying out such program, the administering Secretaries are
authorized and directed to collect admission fees in accordance
with this section at areas administered by the National Park
Service and areas of concentrated public use. In addition, the
administering Secretaries shall collect recreation use fees at
areas under their administration.
``(2) Factors in establishing and adjusting amount of fees.--
(A) All fees established pursuant to this section shall be fair
and equitable, taking into consideration the direct and
indirect cost to the Federal Government, the benefits to the
recipient, the public policy or interest served, the comparable
recreation fees charged by other public and private entities,
the economic and administrative feasibility of fee collection,
convenience to the recreation user, and other pertinent
factors.
``(B) Any adjustments in fees shall take into account the
factors specified in subparagraph (A).
``(3) Public comment and federal register notice on admission
and commercial tour fees.--(A) In the case of public admission
fees, the administering Secretaries shall publish in the
Federal Register, for a 30-day comment period, a proposed
schedule of all changes to such fees not later than six months
prior to such fee changes.
``(B) In the case of changes to commercial tour fees or
initiating a new commercial tour fee, the administering
Secretaries shall publish in the Federal Register--
``(i)(I) for a 30-day comment period, a proposed
schedule of all significant changes in such fees not
later than 14 months prior to such fee change or
initiation; and
``(II) a final schedule not later than 12 months
prior to such fee change or initiation; and
``(ii) a schedule of all changes (other than those
subject to clause (i)), in such fees not later than six
months prior to such fee changes.
``(4) Continuation of fee authority.--Until an admission or
commercial tour fee is initiated and in effect under this
section, the admission or commercial tour fee at an area
administered by the agencies shall be determined in accordance
with the applicable laws in effect on the day before the date
of enactment of the Visitor Services Improvement and Outdoor
Legacy Act of 1996.
``(5) Notice of fees.--Clear notice that a fee has been
established pursuant to this section, and the amount thereof,
shall be prominently posted at appropriate locations in each
area and shall be included in agency publications distributed
with respect to such areas.
``(6) Target recreation revenue goals.--Effective for the
fifth fiscal year beginning after the enactment of this
section, the administering Secretary shall develop annually a
target recreation revenue goal for each area administered by
the Secretary which reflects the estimated ability for such
area to collect recreation fees. The administering Secretary
shall develop that target based on historical data, projected
visitation, and such other data as are available to the
Secretary.
``(7) Fee collection personnel.--Personnel exclusively
assigned to fee collection duties, which are over and above the
number of such personnel assigned exclusively to fee collection
duties on the day prior to enactment of this Act, shall not be
counted against any full-time equivalent ceiling established
for that agency.
``(d) Recreation Fees.--
``(1) Single admission visits.--Reasonable admission fees for
a single visit to any designated area shall be established by
the administering Secretary. A `single visit' means a more or
less continuous stay within a designated area. Payment of a
single visit admission fee shall authorize exits from and
reentries to a single designated area for a period of from one
to fifteen days, such period to be defined for each designated
area by the administering Secretary based upon a determination
of the period of time reasonably and ordinarily necessary for
such a single visit. The single visit entrance fee for private
parties and commercial tours shall be set by the administering
Secretaries and may be adjusted, taking into account the
factors specified in subsection (c)(2). The Secretaries shall
ensure that where appropriate the admission fee schedule
developed provides economic incentives for use of alternative
modes of transportation, including mass transportation, at
areas experiencing high levels of automobile traffic. The
administering Secretaries are authorized to implement admission
fee practices which vary by day of the week, season, expedite
entry and reduce congestion.
``(2) Annual admission permits: golden eagle passport.--(A)
Golden eagle passport.--For admission into any area at which
admission fees are charged pursuant to this section, an
admission permit, to be known as the `Golden Eagle Passport',
valid for a 12-month period, shall be available. The fee for
the passport shall be set jointly by the administering
Secretaries, taking into account the factors specified in
subsection (c)(2). The permittee and all persons accompanying
the permittee in a single, private, non-commercial vehicle or,
alternatively, the permittee and the permittee's spouse,
children, and parents accompanying the permittee shall be
entitled to general admission into any area designated pursuant
to this section. The permit shall be nontransferable, and the
unlawful use thereof shall be punishable in accordance with
regulations established pursuant to subsection (g). The permit
shall be available for purchase at any such designated area.
``(B) The administering Secretaries may authorize units of
State or local government, organizations, businesses, and
nonprofit entities to sell and collect admission fees,
including the Golden Eagle Passport, subject to such conditions
as the Secretaries may jointly prescribe. The Secretaries shall
develop detailed guidelines for promotional advertising of non-
Federal passport sales and monitor compliance with those
guidelines. The Secretaries may authorize the seller or sellers
to maintain an inventory of Golden Eagle Passports for periods
not to exceed six months and to withhold amounts up to, but not
exceeding, eight percent of the gross fees collected from
Golden Eagle Passport sales as reimbursement for actual
expenses of the sales.
``(3) Annual geographic admission permits.--For admission
into a specific designated area or into several specific areas
located in a particular geographic region at which admission
fees are charged pursuant to this section, the administering
Secretary or Secretaries are authorized to make available an
annual admission permit. The permit shall convey the privileges
of, and shall be subject to the same terms and conditions as,
the Golden Eagle Passport, except that it shall be valid only
for admission into the specific area or areas indicated at the
time of purchase.
``(4) Golden access passport.--The Secretary of the Interior
and the Secretary of Agriculture shall establish procedures
providing for the issuance of a lifetime admission permit to
any citizen of, or person legally domiciled in, the United
States, if such citizen or person applies for such permit and
is permanently disabled. Such procedures shall ensure that a
lifetime admission permit shall be issued only to persons who
have been medically determined to be permanently disabled. A
lifetime admission permit shall be nontransferable, shall be
issued without charge, and shall entitle the permittee and one
accompanying individual to general admission into any area
designated pursuant to this section, notwithstanding the method
of travel.
``(5) Recreation use fees.--Each agency developing,
administering, providing, or furnishing at Federal expense
services for such activities as camping, including back country
camping under permit, guarded swimming sites, boat launch
facilities, group activities including picnic sites, managed
parking lots, motorized recreation use and other recreation
uses, shall in accordance with this section provide for the
collection of recreation use fees at the place of use or any
reasonably convenient location. The administering Secretary may
establish both daily and annual recreation use fees. Fees may
not be charged by any such agency for the use, either singly or
in any combination, of drinking water, wayside exhibits,
overlook sites, toilet facilities, or picnic tables.
``(6) Commercial tour use fee.--(A) For each area for which
an admission fee is charged under this section, the
administering Secretary shall charge any fee on a per vehicle
basis for each vehicle or vessel and passengers entering the
area for the purpose of providing commercial tour services.
``(B) The Secretary of the Interior shall charge a commercial
tour fee for aircraft entering the airspace of units of the
National Park System in the same manner and by the same means
as provided in section 4(n) of the Land and Water Conservation
Fund Act of 1965, as in effect immediately before the enactment
of the Visitor Services Improvement and Outdoor Legacy Act of
1996.
``(C) Within 12 months after the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of 1996,
the Secretary of the Interior and the Secretary of
Transportation shall jointly submit a report to the appropriate
committees of Congress outlining revisions to the commercial
tour fee schedule for aircraft which encourages the use of
quiet aircraft technology.
``(7) Transportation provided by the secretary.--Where the
administering Secretary provides transportation to visit all or
a portion of any area, he may impose a charge for such service.
Collection of such fees may occur at the transportation staging
area or any reasonably convenient location, whether inside or
outside of the area boundary. The administering Secretary may
enter into arrangements with qualified public or private
entities pursuant to which such entities may collect such fees.
Such funds collected shall be retained at the area where the
service was provided and expended for costs associated with the
transportation system.
``(8) Persons 12 years of age or under.--The admission fee
for a person who is 12 years of age or under at any area for
which admission fees are charged on a per person basis shall be
no greater than 50 percent of the per person admission fee of a
person older than 12 years.
``(e) Establishment of Accounts and Deposit of Recreation Fees.--
``(1) Establishment.--The Secretary of the Treasury shall
establish a special account in the Treasury for each agency
which collects recreation fees under this section. Within each
such account, the administering Secretary shall separately
account for receipts and disbursements of funds for each area.
``(2) Deposits.--(A) The administering Secretary shall
deposit in each agency account all receipts from fees collected
pursuant to this section by any Federal agency (or by any
public or private entity under contract with a Federal agency).
``(B) All funds from the sale of the Golden Eagle Passport
shall be divided among the agencies based on a formula which
the administering Secretaries shall devise and which considers
total recreation admission fees collected by the agency and
total recreation use at designated admission fee areas provided
by the agency. Funds from the sale of the Golden Eagle Passport
shall be deposited as recreation fees collected into the
appropriate agency account.
``(C) All funds from the sale of geographic admission permits
under subsection (d)(3) shall be divided among the areas for
which such permits were issued on the basis of visitor use,
length of stay, and other pertinent factors as determined by
the administering Secretaries and shall be deposited as
recreation fees collected from those areas into the appropriate
agency account.
``(3) Fee collection costs.--Notwithstanding any other
provision of law, the administering Secretary may, in any
fiscal year, withdraw from the special account established
under paragraph (1) an amount up to 15 percent of all receipts
collected under this section in the preceding fiscal year. The
amounts so withdrawn shall be retained by the administering
Secretaries, and shall be available, without further
appropriation, for expenditure by the Secretary concerned to
cover fee collection costs, and shall remain available until
expended. For the purposes of this paragraph, for any fiscal
year, the term `fee collection costs' means those costs for
personnel and infrastructure directly associated with the
collection of fees imposed under this section.
``(4) Use of recreation fees.--Amounts covered into the
special account for each agency during each fiscal year shall
be available after the end of such fiscal year for
appropriation for visitor services, except as provided in
paragraphs (3) and (5). Funds credited to the special account
shall remain available until expended.
``(5) Amounts in excess of pre-1996 authorized recreation
receipts.--Beginning in fiscal year 1996 and each fiscal year
thereafter, all funds deposited in special accounts in the
Treasury for each agency under this section which are in
addition to funds collected in fiscal year 1995 shall be made
immediately available to that agency without further
appropriation. Of the amounts made available under this
paragraph after the application of paragraph (3), 75 percent
shall be allocated among the units or areas of each agency in
the same proportion as fees collected from that specific area
bear to the total amount of fees collected from all areas of
that agency for the fiscal year. In addition, one-third of the
amount of recreation fees collected from the area which exceeds
the target recreation revenue goal specified in subsection
(c)(5) for that area shall be made available to that area
without further appropriation. The remainder of the fees
collected pursuant to this section shall be allocated among
each agency's areas on the basis of need as determined by the
Secretary. All such funds shall remain available until
expended. Funds deposited into accounts under this paragraph
may only be used (A) to fund visitor services on Federal lands,
(B) for repair, rehabilitation, or replacement of visitor use
facilities, and (C) for construction of new facilities
necessary to establish a recreation fee program at any area.
``(f) Accountability of Funding.--The Comptroller General of the
United States shall conduct periodic audits to ensure that amounts
received under this section are fully accounted for and not diverted to
administrative overhead or other programs not directly related to
visitor services.
``(g) Enforcement of Fee Collection Policies.--In accordance with the
provisions of this section, the administering Secretaries may prescribe
rules and regulations for areas under their administration for the
collection of any fee established pursuant to this section. Persons
authorized by the administering Secretaries to enforce any such rules
or regulations issued under this section may, within areas under the
administration or authority of such administering Secretary and with
or, if the offense is committed in his presence, without a warrant,
arrest any person who violates such rules and regulations. Any person
so arrested may be tried and sentenced by the United States magistrate
specifically designated for that purpose by the court by which he was
appointed, in the same manner and subject to the same conditions as
provided in subsections (b), (c), (d), and (e) of section 3401 of title
18, United States Code. Any violations of the rules and regulations
issued under this subsection shall be punishable by a fine as provided
by law.
``(h) Non-Federal Reservations.--The administering Secretary, under
such terms and conditions as he deems appropriate, may contract with
any public or private entity to provide visitor reservation services.
Any such contract may provide that the contractor shall be permitted to
deduct a commission to be fixed by the agency head from the amount
charged the public for providing such services and to remit the net
proceeds therefrom to the contracting agency.
``(i) Use of Volunteers For Fee Collection.--When authorized by the
administering Secretary, volunteers at designated areas may collect
fees authorized or established pursuant to this section. The
administering Secretary shall ensure that such volunteers have adequate
training for this purpose. The administering Secretary may require a
surety bond for any such volunteer performing services under this
subsection. Funds available to the collecting agency may be used to
cover the cost of any such surety bond.
``(j) Mitigation of Any Impacts of Recreational Fees on Low-Income
Individuals.--In carrying out this section, the administering
Secretaries shall implement such programs as are necessary to ensure
any impacts of recreational fees on low-income persons are minimized.
The administering Secretaries shall determine any effects on low-income
individuals of recreation use and admission fees and shall jointly
submit recommendations to the Congress regarding actions to be taken to
resolve such impacts. Such recommendations shall be included as part of
the four-year report required to be submitted under subsection (m)(1).
``(k) Limitations on Fees.--
``(1) Activities not subject to fees.--Nothing in this
section shall be construed to--
``(A) authorize Federal hunting or fishing licenses
or fees;
``(B) affect any rights or authority of the States
with respect to fish and wildlife;
``(C) authorize the collection of fees from any
person who has a right of access for hunting or fishing
privileges under a specific provision of law or treaty;
``(D) authorize charges for commercial or other
activities not related to recreation; or
``(E) authorize an admission fee or a commercial tour
fee at any area for organized school groups on outings
conducted for educational purposes.
``(2) Through travel.--No admission fee shall be charged for
travel by private, noncommercial vehicle or commercial tour
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, 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 the area. Nor shall
any fee be charged for travel by private, noncommercial vehicle
over any road or highway to any land in which such person has
any property right if such land is within any such designated
area.
``(3) Persons conducting governmental business.--No admission
fee shall be charged to persons engaged in the conduct of
official Federal, State or local government business or to
others authorized by the administering Secretary to conduct
administrative duties within the area.
``(4) Lifetime admission permits.--No admission fee shall be
charged under this section to any person who possesses a
lifetime admission permit issued under section 4(a)(4) of this
Act as in effect on the day before the date of the enactment of
the Visitor Services Improvement and Outdoor Legacy Act of
1996.
``(l) Annual Reporting Requirements.--Reports indicating the number
and location of fee collection areas, visitor use statistics, fees
collected, and other pertinent data, shall be coordinated and compiled
by the administering Secretaries and transmitted to the Committee on
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
These reports shall be transmitted annually not later than the
submission of the President's budget under section 1105 of title 31,
United States Code, and shall include any recommendations which the
Secretaries may have with respect to improving the recreation fee
program.
``(m) Implementation Report; Effective Date For Fees And Targets.--
Not later than four years after the date of enactment of the Visitor
Services Improvement and Outdoor Legacy Act of 1996, the administering
Secretaries shall submit reports to Congress on the implementation of
this section. Such reports shall include the policy statement developed
under subsection (a)(2), the likely level of potential cost recovery
from the recreation fee program for each agency, the fees to be charged
under this section, and the target recreation revenue goals for each
area subject to this section. Such fees and target recreation revenue
goals shall be effective beginning with the fifth fiscal year beginning
after the enactment of the Visitor Services Improvement and Outdoor
Legacy Act of 1996 unless Congress enacts a joint resolution before the
beginning of such fiscal year specifying otherwise.
``(n) Exemption of Fees.--Amounts collected under this section which
exceed the 1995 authorized recreation receipts shall not be taken into
account for the purposes of the Act of May 23, 1908, and the Act of
March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8,
1937, and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States
Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-1-4-460l-
11), and any other provision of law relating to revenue allocation.
``(o) Authorization of Appropriations.--
``(1) First 4 years.--During the first four fiscal years
beginning after the enactment of the Visitor Services
Improvement and Outdoor Legacy Act of 1996, there is authorized
to be appropriated for a fiscal year amounts which would have
been appropriated for that fiscal year under section 4 of the
Land and Water Conservation Fund Act of 1965, as such section
was in effect on the day before the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of 1996.
``(2) Guarantee of funding enhancement beginning with the 5th
fiscal year.--(A) Effective for the fifth fiscal year beginning
after the enactment of the Visitor Services Improvement and
Outdoor Legacy Act of 1996 and thereafter, after target
recreation revenue goals are submitted to the Congress under
subsection (m), there is authorized to be appropriated for each
agency for each fiscal year an amount such that the total
funding available for visitor services from recreational fees
and appropriated amounts is not less than 125 percent of the
adjusted 1995 base amount.
``(B) For the purpose of subparagraph (A), the term `adjusted
1995 base amount' means the amount appropriated for visitor
services for fiscal year 1995 increased or decreased for a
fiscal year by the percentage (if any) by which the average
Consumer Price Index for the preceding fiscal year exceeds the
average Consumer Price Index for fiscal year 1995. For purposes
of this subparagraph, the term `Consumer Price Index' means the
Consumer Price Index for all-urban consumers published by the
Bureau of Labor Statistics, Department of Labor.''.
SEC. 4. CONFORMING AMENDMENTS.
(a)(1)(A) Title I of the Department of the Interior and Related
Agencies Appropriations Act, 1994 is amended by striking out the third
proviso under the heading ``administrative provisions'' which is under
the heading ``National Park Service'' (related to recovery of costs
associated with special use permits).
(B) For those recreational activities for which a fee was charged
prior to September 30, 1995, under the provision of law amended by
subparagraph (A), the Secretary may continue to charge and retain such
fees until such park is able to receive reimbursement under section 4
of the Land and Water Conservation Fund Act of 1965, as amended by this
Act.
(2) Section 3 of the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 3), is amended--
(A) by inserting ``(a)'' after ``3.''; and
(B) by adding at the end the following:
``(b) The Secretary shall publish regulations governing commercial or
nonrecreational special uses of units of the National Park System for
which a fee is not authorized to be charged under section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6), including
(but not limited to) such activities as filming, special athletic or
sporting events, weddings, cultural events and festivals. After
adoption of such regulations, the Secretary may retain an amount equal
to the direct administrative costs associated with issuing any permits
and managing such activities (including, but not limited to, personnel
costs, clean up costs, and other special services) for which such
permit is issued. Such amounts retained shall be credited to the
appropriation current at the time, and may only be spent for activities
directly in support of the purposes for which the permit was issued.
Such amounts retained are authorized to remain available until
expended.''.
(b) The following Public Laws are amended as follows:
(1) Section 5(e) of Public Law 87-657 (16 U.S.C. 459c-5(e)),
as amended, is hereby repealed.
(2) Section 3(b) of Public Law 87-750 (16 U.S.C. 398e(b)) is
hereby repealed.
(3) Section 4(e) of Public Law 92-589 (16 U.S.C. 460bb-3), as
amended, is further amended by striking the first sentence.
(4) Section 6(j) of Public Law 95-348 (92 Stat. 493) is
hereby repealed.
(5) Section 207 of Public Law 96-199 (94 Stat. 77) is hereby
repealed.
(6) Section 106 of Public Law 96-287 (94 Stat. 600) is
amended by striking the last sentence.
(7) Section 204 of Public Law 96-287 (94 Stat. 601) is
amended by striking the last sentence.
(8) Section 5 of Public Law 96-428 (94 Stat. 1842) is hereby
repealed.
(9) Public Law 100-55 (101 Stat. 371) is hereby repealed.
(10) Section 203 of the Alaska National Interest Lands
Conservation Act shall not apply with respect to charging an
admission fee at Denali National Park and Preserve in Alaska.
SEC. 5. SAVINGS PROVISION RELATING TO AREAS ADMINISTERED BY THE UNITED
STATES ARMY CORPS OF ENGINEERS.
Areas at civil works projects administered by the United States Army
Corps of Engineers shall be subject to section 4 of the Land and Water
Conservation Fund Act of 1965, as in effect immediately before the
enactment of this Act, in lieu of being subject to the amendments made
by this Act.
Purpose of the Bill
The purpose of H.R. 2107 is to improve the overall quality
of the visitor recreation experience on Federal lands through
increased funding provided by an innovative and incentive-based
recreation fee program combined with a targeted appropriation.
Background and Need for Legislation
Recreation use fees for Federal lands date back to at least
1907, when an entrance fee was charged at Mount Ranier National
Park. In fact, as recently as 1937, both Yosemite and
Yellowstone National Parks paid for themselves through
recreation fees.
However, the Federal Government's recreation fee program is
now seriously outdated. The admission fee at Mount Ranier
National Park has not increased for 89 years. Visitors who use
Federal lands pay only about 11 percent of the $970 million
annual cost of services provided to them. The balance of the
costs of annual visitor services, and the entire cost of
development of visitor facilities, is subsidized by the
taxpayer at large.
If the level of funding for visitor programs was adequate,
the need for reforming the recreation fee program would not be
so critical. However, such is clearly not the case. All Federal
land management agencies report acute funding shortages. The
National Park Service alone reports a $6 billion backlog in
major facility construction, which would require 40 years to
address at existing funding levels. Park roads are crumbling,
wastewater treatment facilities are in non-compliance with
health standards and visitor interpretive programs have been
seriously cut back.
The Land and Water Conservation Act of 1965 (LWCFA),
included in Section 4 a broad-based recreation fee program for
Federal lands. The underlying philosophy of the LWCFA was that
recreation use fees (along with motorboat fuel taxes and
general receipts) would be used to underwrite the cost of land
acquisition at the Federal level, and acquisition and
development of parks at the state level. Just three years
later, when it was recognized that recreation fees were
inadequate to meet the needs of those programs, LWCFA was
amended to authorize the use of up to $900 million annually
from receipts of offshore oil and gas activities.
Since 1965, there have been a number of piecemeal
modifications to the fee collection provisions of LWCFA. Among
the most significant were 1987 amendments which permitted fees
collected by the National Park Service only to be
reappropriated back to the agency to cover operational costs.
While the National Park Service has substantially increased its
recreation fee collection, to $76 million in 1994, the agency
collects far less than is authorized. In 1993, the Interior
Inspector General reported that 63 parks authorized to collect
fees were not, resulting in a failure to collect nearly $54
million (Report No. 93-I-793).
Since fee monies must be reappropriated the following year,
and because the actual appropriations to the National Park
Service for park operations has far exceeded the increase due
to fees alone, it is impossible for park managers, or the
public, to understand the relationship between recreation fees
and funding available. Further, both the General Accounting
Office and the Interior Inspector General have expressed
concern about the tracking of recreation fees.
Last year, the General Accounting Office reported that the
National Park Service was at a crossroads, and that drastic
action was needed to avoid a crisis within the agency (GAO RCED
95-238). Recreation fees was part of the solution to the
National Park Service problems recommended by the General
Accounting Office. However, another adjustment to the existing
LWCFA provisions appears unlikely to provide the fundamental
changes necessary to address the visitor program funding
problems faced by the Federal land management agencies.
Committee Action
H.R. 2107 was introduced on July 26, 1995, by Congressman
James V. Hansen. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Forests and Lands. On August 3, 1995, the
Subcommittee held a hearing on H.R. 2107 (H. Hrg. 104-35). On
December 19, 1996, the Subcommittee met to mark up H.R. 2107.
An amendment in the nature of a substitute was offered by Mr.
Hansen, and adopted by voice vote. The bill was then ordered
favorably reported to the Full Committee. On March 13, 1996,
the Full Resources Committee met to consider H.R. 2107.
Congressman Hansen offered an amendment in the nature of a
substitute. The following amendments were offered to the Hansen
amendment:
(1) Congressman Don Young of Alaska offered and withdrew an
amendment which removed Army Corps of Engineers facilities from
the new recreational fee structure.
(2) Congressman Bill Richardson offered an amendment which
reinstated the golden eagle passport; the amendment failed on a
rollcall vote of 14-23, as follows:
committee on resources--104th congress, Rollcall No. 1
Bill: H.R. 2107, Short Title, Recreation Fees.
Amendment or matter voted on: Richardson No. 2--Golden Age
Passport.
----------------------------------------------------------------------------------------------------------------
Members Yeas Nays Present Members Yes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... ........ X ......... Mr. Miller....... ........ X .........
Mr. Tauzin..................... ........ X ......... Mr. Markey....... X ........ .........
Mr. Hansen..................... ........ X ......... Mr. Rahall....... X ........ .........
Mr. Saxton..................... X ........ ......... Mr. Vento........ X ........ .........
Mr. Gallegly................... ........ ........ ......... Mr. Kildee....... X ........ .........
Mr. Duncan..................... ........ X ......... Mr. Williams..... ........ ........ .........
Mr. Hefley..................... ........ X ......... Mr. Gejdenson.... X ........ .........
Mr. Dootlittle................. ........ X ......... Mr. Richardson... X ........ .........
Mr. Allard..................... ........ X ......... Mr. DeFazio...... X ........ .........
Mr. Gilchrest.................. ........ X ......... Mr. Faleomavaega. ........ ........ .........
Mr. Calvert.................... ........ X ......... Mr. Johnson...... X ........ .........
Mr. Pombo...................... ........ X ......... Mr. Abercrombie.. ........ X .........
Mr. Torkildsen................. ........ ........ ......... Mr. Studds....... ........ ........ .........
Mr. Hayworth................... ........ X ......... Mr. Ortiz........ ........ ........ .........
Mr. Cremeans................... ........ X ......... Mr. Pickett...... ........ ........ .........
Mrs. Cubin..................... ........ X ......... Mr. Pallone...... X ........ .........
Mr. Cooley..................... ........ X ......... Mr. Dooley....... ........ X .........
Mrs. Chenoweth................. ........ ........ ......... Mr. Romero- X ........ .........
Barcelo.
Mrs. Smith..................... ........ ........ ......... Mr. Hinchey...... X ........ .........
Mr. Radanovich................. ........ ........ ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... ........ X ......... Mr. Farr......... ........ X .........
Mr. Thornberry................. ........ X ......... Mr. Kennedy...... X ........ .........
Mr. Hastings................... ........ X .........
Mr. Metcalf.................... ........ X .........
Mr. Longley.................... ........ ........ .........
Mr. Shadegg.................... ........ X .........
Mr. Ensign..................... X ........ .........
----------------------------------------------------------------------------------------------------------------
(3) Congressman Richardson offered an amendment to prohibit
an admission fee for persons 16 years old or less. Congressman
Wayne Allard offered a substitute to the Richardson amendment
which set fees for persons 12 years old at 50 percent or less
of the fee charged for persons older than 12, in those cases
where fees were charged on a per person basis. The Allard
substitute was adopted on a rollcall vote of 17-13, as follows:
committee on resources--104th congress, rollcall no. 2
Bill: H.R. 2107, Short Title, Recreation Fees.
Amendment or matter voted on: Allard Amendment offered as
Substitute to Richardson amendment No. 3.
Amendment or matter voted on: Allard Amendment offered as
Substitute to Richardson amendment No. 3.
----------------------------------------------------------------------------------------------------------------
Members Yeas Nays Present Members Yes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... X ........ ......... Mr. Miller....... ........ X .........
Mr. Tauzin..................... X ........ ......... Mr. Markey....... ........ X .........
Mr. Hansen..................... X ........ ......... Mr. Rahall....... ........ ........ .........
Mr. Saxton..................... X ........ ......... Mr. Vento........ ........ ........ .........
Mr. Gallegly................... ........ ........ ......... Mr. Kildee....... ........ X .........
Mr. Duncan..................... ........ ........ ......... Mr. Williams..... ........ ........ .........
Mr. Hefley..................... ........ ........ ......... Mr. Gejdenson.... ........ X .........
Mr. Dootlittle................. ........ ........ ......... Mr. Richardson... ........ X .........
Mr. Allard..................... X ........ ......... Mr. DeFazio...... ........ X .........
Mr. Gilchrest.................. X ........ ......... Mr. Faleomavaega. ........ ........ .........
Mr. Calvert.................... X ........ ......... Mr. Johnson...... ........ X .........
Mr. Pombo...................... X ........ ......... Mr. Abercrombie.. ........ X .........
Mr. Torkildsen................. ........ ........ ......... Mr. Studds....... ........ ........ .........
Mr. Hayworth................... X ........ ......... Mr. Ortiz........ ........ ........ .........
Mr. Cremeans................... X ........ ......... Mr. Pickett...... ........ ........ .........
Mrs. Cubin..................... X ........ ......... Mr. Pallone...... ........ X .........
Mr. Cooley..................... X ........ ......... Mr. Dooley....... ........ X .........
Mrs. Chenoweth................. ........ ........ ......... Mr. Romero- ........ X .........
Barcelo.
Mrs. Smith..................... ........ ........ ......... Mr. Hinchey...... ........ X .........
Mr. Radanovich................. ........ ........ ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... X ........ ......... Mr. Farr......... ........ ........ .........
Mr. Thornberry................. X ........ ......... Mr. Kennedy...... ........ X .........
Mr. Hastings................... X ........ .........
Mr. Metcalf.................... ........ ........ .........
Mr. Longley.................... ........ ........ .........
Mr. Shadegg.................... X ........ .........
Mr. Ensign..................... X ........ .........
----------------------------------------------------------------------------------------------------------------
The Richardson amendment, as amended, was then adopted by
voice vote. The Committee then recessed until March 28, 1996.
On March 28, 1996, the Committee continued its
consideration of H.R. 2107. To the pending Hansen amendment in
the nature of a substitute, the following amendments were
offered:
(1) Congressman Don Young reoffered his amendment to exempt
Army Corps of Engineers facilities from the new recreational
fee system; the amendment was adopted by voice vote.
(2) Congressman James V. Hansen offered amendments en bloc
to allow an increase in the set aside for fee collection if
collection costs increased and to clarify that recreation fees
collected in fiscal year 1995 will be the baseline above which
all new recreation fees will be available without
appropriation; the amendments were adopted by voice vote.
(3) Congressman Tim Johnson of South Dakota offered an
amendment to exempt Mount Rushmore National Memorial from
recreation fee collection; the amendment was adopted by voice
vote.
(4) Congresswoman Barbara Cubin offered an amendment, later
modified technically by voice vote, to delete authority for the
federal government to charge fee for hunting and fishing; the
amendment was adopted by voice vote.
(5) Congressman Bill Richardson offered an amendment to cap
admission fees; it failed by voice vote.
(6) Congressman Bill Richardson offered amendments en bloc
to eliminate fees for campgrounds and visitor centers; the
amendments were defeated by voice vote.
(7) Congressman Sam Gejdenson offered an amendment to
restore fees for commercial aircraft tours over national parks.
Congressman James V. Hansen offered an amendment to the
Gejdenson amendment which requires a report on appropriate fee
schedules to encourage the use of quiet aircraft technology.
The Hansen amendment to the Gejdenson amendment was adopted by
voice vote, and the Gejdenson amendment, as amended, was
adopted by voice vote.
(8) Congressman Bill Richardson offered a substitute
amendment, which failed on a rollcall vote of 15-24, as
follows:
COMMITTEE ON RESOURCES--104TH CONGRESS, ROLLCALL NO. 1
Bill: H.R. 2107, Short Title, Recreation Fees.
Amendment or matter voted on: Richardson amendment No. 17,
Amendment in Nature of Substitute.
----------------------------------------------------------------------------------------------------------------
Members Yeas Nays Present Members Yeas Yays Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... ........ X ......... Mr. Miller....... X ........ .........
Mr. Tauzin..................... ........ X ......... Mr. Markey....... X ........ .........
Mr. Hansen..................... ........ X ......... Mr. Rahall....... ........ ........ .........
Mr. Saxton..................... ........ X ......... Mr. Vento........ X ........ .........
Mr. Gallegly................... ........ X ......... Mr. Kildee....... X ........ .........
Mr. Duncan..................... ........ ........ ......... Mr. Williams..... ........ ........ .........
Mr. Hefley..................... ........ ........ ......... Mr. Gejdenson.... X ........ .........
Mr. Doolittle.................. ........ X ......... Mr. Richardson... X ........ .........
Mr. Allard..................... ........ X ......... Mr. DeFazio...... X ........ .........
Mr. Gilchrest.................. ........ X ......... Mr. Faleomavaega. ........ ........ .........
Mr. Calvert.................... ........ X ......... Mr. Johnson...... X ........ .........
Mr. Pombo...................... ........ X ......... Mr. Abercrombie.. X ........ .........
Mr. Torkildsen................. ........ ........ ......... Mr. Studds....... ........ ........ .........
Mr. Hayworth................... ........ X ......... Mr. Ortiz........ X ........ .........
Mr. Cremeans................... ........ X ......... Mr. Pickett...... ........ X .........
Mrs. Cubin..................... ........ X ......... Mr. Pallone...... X ........ .........
Mr. Cooley..................... ........ X ......... Mr. Dooley....... ........ X .........
Mrs. Chenoweth................. ........ X ......... Mr. Romero- X ........ .........
Barcelo.
Mrs. Smith..................... ........ ........ ......... Mr. Hinchey...... X ........ .........
Mr. Radanovich................. ........ X ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... ........ X ......... Mr. Farr......... X ........ .........
Mr. Thornberry................. ........ X ......... Mr. Kennedy...... X ........ .........
Mr. Hastings................... ........ ........ .........
Mr. Metcalf.................... ........ X .........
Mr. Longley.................... ........ X .........
Mr. Shadegg.................... ........ X .........
Mr. Ensign..................... ........ X .........
----------------------------------------------------------------------------------------------------------------
The Hansen amendment in the nature of a substitute, as
amended, was adopted by voice vote. H.R. 2107, as amended, was
then ordered favorably reported to the House of Representatives
by a rollcall vote of 26-12, as follows:
committee on resources--104th congress, rollcall no. 2
Bill: H.R. 1207, Short Title, Recreation Fees.
Amendment or matter voted on: Final passage.
----------------------------------------------------------------------------------------------------------------
Members Yeas Nays Present Members Yeas Yays Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... ........ ........ ......... Mr. Miller....... ........ X .........
Mr. Tauzin..................... X ........ ......... Mr. Markey....... ........ X .........
Mr. Hansen..................... X ........ ......... Mr. Rahall....... ........ ........ .........
Mr. Saxton..................... X ........ ......... Mr. Vento........ ........ X .........
Mr. Gallegly................... X ........ ......... Mr. Kildee....... ........ X .........
Mr. Duncan..................... ........ ........ ......... Mr. Williams..... ........ ........ .........
Mr. Hefley..................... ........ ........ ......... Mr. Gejdenson.... ........ X .........
Mr. Doolittle.................. X ........ ......... Mr. Richardson... ........ X .........
Mr. Allard..................... X ........ ......... Mr. DeFazio...... ........ X .........
Mr. Gilchrest.................. X ........ ......... Mr. Faleomavaega. ........ ........ .........
Mr. Calvert.................... X ........ ......... Mr. Johnson...... ........ X .........
Mr. Pombo...................... X ........ ......... Mr. Abercrombie.. ........ X .........
Mr. Torkildsen................. X ........ ......... Mr. Studds....... ........ ........ .........
Mr. Hayworth................... X ........ ......... Mr. Ortiz........ X ........ .........
Mr. Cremeans................... X ........ ......... Mr. Pickett...... X ........ .........
Mrs. Cubin..................... X ........ ......... Mr. Pallone...... ........ X .........
Mr. Cooley..................... X ........ ......... Mr. Dooley....... X ........ .........
Mrs. Chenoweth................. ........ ........ ......... Mr. Romero- X ........ .........
Barcelo.
Mrs. Smith..................... ........ ........ ......... Mr. Hinchey...... ........ X .........
Mr. Radanovich................. X ........ ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... X ........ ......... Mr. Farr......... X ........ .........
Mr. Thornberry................. X ........ ......... Mr. Kennedy...... ........ X .........
Mr. Hastings................... ........ ........ .........
Mr. Metcalf.................... X ........ .........
Mr. Longley.................... X ........ .........
Mr. Shadegg.................... X ........ .........
Mr. Ensign..................... X ........ .........
----------------------------------------------------------------------------------------------------------------
Section-by-Section Analysis
Section 1. Short Title
Section 1 provides the short title of the bill.
Section 2. Purpose
Section 2 provides the purpose of the bill which is to
improve the quality of the visitor experience on Federal lands.
This goal would be accomplished through increased funding which
would be provided through a combination of increased fees along
with targeted appropriations.
Section 3. Repeal of Existing Recreation Fee Program and Establishment
of New Recreation Fee Program
Section 3 provides a comprehensive revision of the existing
language of Section 4 of the Land and Water Conservation Fund
Act of 1965 (LWCFA) which pertains to recreation fees. Although
there have been a number of amendments to this section over the
last 30 years, this is the first comprehensive rewrite of the
section.
New LWCFA section (a)(1) outlines the Congressional goals
of the new section. The Committee has heard ample testimony to
support the fact that funding for visitor use and recreation
programs for all land management agencies is currently
inadequate. These shortfalls exist despite Congressional
appropriation increases for many of these activities. At a time
when balancing the budget is a high priority to all Americans,
the prognosis for substantial increases in funds through the
appropriation process in the near future, even for the most
popular programs, is not good. Further, the Committee is aware
that recreational users of Federal lands currently only provide
about 10 percent of the cost of recreation services provided
through recreation fees. The Committee believes that it is
appropriate for those persons who are directly benefitting from
these recreation and visitor service programs to pay a greater
share of the cost, as opposed to those who never take advantage
of the services.
Section (a)(2) outlines a number of very important
parameters to be considered by the Secretaries in establishing
a recreation fee policy. The Committee expects the Secretaries
to issue a joint policy with respect to fees which will provide
some level of consistency among the various agencies. This is
very important to the recreating public. At the same time, the
Committee recognizes that individual agencies can and will
issue specific guidelines and regulations within the overall
framework of the policy to meet their particular needs.
Section (a)(2)(B) provides that the agencies adopt policies
which maximize the number of persons who pay fees. This is
critical for maximizing the amount of revenue collected while
at the same time permitting recreation fees to remain as low as
possible.
Section (a)(2)(D) provides that the agencies will develop
fee programs which will ensure equity among user groups. The
Committee is concerned that no particular user group be asked
to pay more than their fair share. The Committee understands
that commercial tour fees and concessions fees are really just
another form of recreation use fees. While it is much simpler
for agencies to collect such recreation fees through others
with whom they have a contractual relationship, the Committee
expects that the public, which elects to utilize such services
and facilities, will not be charged disproportionately.
Further, this language is intended to address situations where
fees are paid to a state, which then makes grants to a Federal
agency, such as the California Green Sticker program.
Section (a)(2)(E) provides that agencies will develop
accounting procedures which ensure that recreation fees
collected are directed back to the needs of the public who paid
the fees. The Committee recognizes that the success of the
recreation fee program will depend to a large degree on the
public being able to recognize that the fees they pay have made
a difference in the overall quality of their recreation
experience and nature of facilities available. To the extent
that agencies divert funds away from visitor service programs
to overhead or Washington, D.C. office functions, they will be
less able to ensure that the quality of the visitor experience
is improved. The Committee recognizes that this is likely to
necessitate some change in accounting procedures among the
agencies affected under this bill, and supports such changes.
Section (a)(2)(G) requires that the agencies consider
convenience to the public in establishing recreation fee
programs. This is also considered important to public
acceptance of the program. In particular, the Committee would
support a comprehensive fee for the use of any area rather than
requiring a number of small individual charges for services or
facilities.
Section 4(b) provides operational definitions.
Section (b)(1) provides that this provision of law will
continue to guide the fee collection activities of the Forest
Service, National Park Service, Bureau of Land Management, Fish
and Wildlife Service and Bureau of Reclamation.
Section (b)(8) provides the definition of visitor services
as used in the section. This definition is critically important
to the overall success of this legislation since it defines the
manner in which recreation fees can be spent. The definition
includes not only the cost of visitor programs but costs
associated with protection of resources directly related to
public use.
New LWCFA section 4(c) states the overall policy of the
legislation. It recognizes that recreation fees are comprised
of admission fees, use fees and concession fees. Admission fees
may only be charged at areas managed by the National Park
Service and other areas of concentrated use. Recreation use
fees may be collected at any areas where specialized
recreational services are offered.
Section (c)(2) specifies the factors that agencies shall
consider when establishing the amount of fees. The Committee
agrees that the Administration needs to be granted flexibility
in establishing individual fee levels and that it is
inappropriate for Congress to determine a one size fits all fee
for the wide array of services and facilities provided by the
Federal Government. At the same time, the Committee has
provided guidance, but no particular formula, to the agencies
to ensure that similar factors are considered by the agencies
when they establish those fee levels.
Section (c)(3) provides for public comment in the
establishment of recreation fees. The Committee heard testimony
seeking an opportunity for public comment in the establishment
of recreation fees. As the new legislation provides broader
discretion to the Administration in the setting of admission
fees than current law, the Committee agrees that public comment
is necessary and appropriate. Further, due to the length of
time required for commercial tour companies to organize their
tours, the legislation provides for commercial tour fees to be
set 12 months in advance.
Section (c)(6) provides that the administering Secretaries
will set a target revenue goal for each area they administer.
Such a goal is important to estimate the total recreation fee
revenue which will be generated by each agency and to ensure
accountability of the Federal land managers.
Section (c)(7) provides that persons assigned exclusively
to fee collection duties, over and above the number of persons
now assigned to such duties, would not be counted toward any
full-time equivalent ceiling for the agency. The Committee
understands that existing staffing levels for some agencies are
already at the current ceiling. Therefore, it is impossible for
those agencies to hire additional personnel to collect fees,
unless the agencies divert existing staff from other duties or
contract out this function. The Committee has included this
provision to ensure that existing personnel ceilings do not
become a barrier to implementation of this legislation.
New LWCFA section (d) outlines the various types of
recreation fees which may be charged pursuant to this Act.
Section (d)(1) describes the admission permit. Admission
fees may only be charged at units of the park system and other
areas of concentrated public use.
Section (d)(2) describes the annual Golden Eagle Passport.
Section (d)(2)(B) provides for the non-Federal sale of the
Golden Eagle Passport. The Committee notes that this section
provides for non-Federal entities to maintain inventories of
Golden Eagle Passports on consignment.
Section (d)(5) provides the policy for establishing
recreation use fees. Unlike admission fees, use fees can be
charged by any of the agencies wherever specialized services
are provided. The Committee has specifically provided for
charging for backcountry camping by permit, but notes that this
is not intended to apply to at-large camping on Forest Service
or Bureau of Land Management lands, where no permit is
required.
Section (d)(6)(A) provides for charging of a commercial
tour use fee at each area where an admission fee is charged.
The language provides that such fees will be charged on a per
vehicle basis to avoid the administrative problems associated
with charging on a per person basis.
Section (d)(6)(B) provides for continuation of the existing
commercial air tour fee at Grand Canyon, Haleakala and Hawaii
Volcanoes National Parks.
Section (d)(6)(C) provides for the Secretaries of
Transportation and Interior to develop a fee schedule for air
tour operations which encourages the use of quiet aircraft
technology.
Section (d)(7)(A) provides that where the Secretaries
provide transportation to visit an area, they may charge a fee
for such service and retain any revenues. The Committee
strongly supports and encourages the development of
transportation systems to reduce vehicular congestion at
popular destinations.
New LWCFA section (e) provides for the establishment of
special accounts for deposit of recreation fee revenues. The
Secretary of the Treasury shall establish an account for each
agency into which all recreation fees collected by that agency
would be deposited. Funds from the sales of Golden Eagle
Passports and annual geographic permits would also be deposited
into these accounts based on a formula to be developed by the
Secretaries.
Funds deposited into the special accounts would be
available for appropriation to cover visitor service costs.
Each agency would be permitted to withdraw from the special
account up to 15 percent of the previous year's fee collections
to cover the costs of collections. The 15 percent would be
available for expenditure without further appropriations
action, while the remaining funds deposited into the special
accounts (except as provided in section (e)(5)) would be
available for appropriation in the following year.
Section (e)(5) provides that recreation fees in excess of
those collected by each agency in fiscal year 1995 would be
immediately available to that agency without further
appropriation. The Committee intends for the 15 percent to be
deducted before determining amounts made available under this
subsection. Of those amounts which would be available without
further appropriation, 75 percent would be available for
expenditure at the area where it is collected. In addition, one
third of the amount which is collected which is above the
target revenue goal for each area would be returned to the area
where it is collected. Funds over and above the 75 percent to
remain in the area where they are collected plus funds made
available for exceeding the target revenue goals would be
available for expenditure at other areas managed by the agency,
as determined by the administering Secretary. The funds would
be available until expended. Funds would be available for
visitor services, as well as repair, replacement and
rehabilitation of visitor facilities. The Committee has limited
the construction of new facilities to those necessary to
establish fee collection programs because of the Committee's
concern about expanding the maintenance backlog of the
agencies.
New LWCFA section (j) protects low-income individuals from
being priced off the Federal lands. While the Committee is
concerned about how increases in recreation fees could impact
low-income persons, the Committee notes that information
regarding the income level of Federal recreation users is
limited. Therefore, the Committee expects the administering
Secretaries to collect adequate information to determine
whether their policies are having an impact on low-income
persons, to modify their policies accordingly and to forward
that information to Congress as appropriate.
New LWCFA section (k) provides a number of exemptions to
these fee collection policies including: persons with a right
of hunting or fishing by law or treaty, school groups, through
travelers, persons conducting government business and persons
accessing private property.
New LWCFA section (m) provides that the Secretaries shall
submit an implementation report to Congress no later that four
years after the date of enactment. Such report is to detail the
potential cost recovery from the recreation fees for each
agency and the target recreation revenue goals for each area.
The Committee intends that this implementation report should
set a long-term direction for the recreation fee program. Prior
to submittal of this report, the agencies are expected to fully
implement all authorities provided under this Act.
New LWCFA section (n) provides that recreation fees
collected in excess of the 1995 authorized amounts would be
exempt from the cost-sharing provisions imposed by a variety of
existing statutes. The Committee decided to protect the
existing revenue stream to the counties, while at the same time
ensuring that a maximum amount of funds is available for on-
site management of visitor services.
New LWCFA section (o) provides for the authorization of
appropriations. For the first four years after enactment,
funding would continue to be authorized as currently provided
in Section 4 of LWCFA. After that four year period, funding for
visitor services would total at least 125 percent of the fiscal
year 1995 base level, adjusted for inflation, through a
combination of appropriations plus recreation fees. The
Committee has inserted this language to ensure that increases
for visitor services provided by increased recreation fees are
not offset by reductions in appropriations.
Section 4. Conforming Amendments
Section 4 deletes language from the 1994 Interior and
Related Agencies Appropriations Act which permits the National
Park Service to establish a recreation fee policy inconsistent
with the LWCFA. The Committee has provided a new authority
which permits the National Park Service to continue to charge
for special park uses and transition language which permits
those recreational activities for which the Park Service is
currently charging a fee to continue until the agency can
receive funds through the amendments to the LWCFA provided in
this legislation. Specifically, this language would provide for
continuation of the fishing fee at Yellowstone National Park
and the fee for tunnel escorts at Zion National Park.
Section 4(b) eliminates a number of legislative provisions
which prohibit admission fee collection at certain park areas.
Section 5. Savings Provision Relating to Areas Administered by the
United States Army Corps of Engineers
Section 5 provides that the existing recreation fee
collection program for the Corps of Engineers would continue
without change.
Committee Oversight Findings and Recommendations
With the respect to the requirements of clause 2(l)(3) of
rule XI of the Rules of the House of Representatives, and
clause 2(b)(1) of rule X of the Rules of the House of
Representatives, the Committee on Resources' oversight findings
and recommendations are reflected in the body of this report.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 2107 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
Cost of the Legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 2107. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance with House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
2107 does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures. H.R.
2107 increases offsetting receipts by a total $184 million from
1997-2002. The bill also provides new spending authority.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 2107.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2107 from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 20, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2107, the Visitor
Services Improvement and Outdoor Legacy Act of 1996.
Enactment of H.R. 2107 would affect direct spending.
Therefore, pay-as-you-go procedures would apply to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
congressional budget office cost estimate
1. Bill number: H.R. 2107.
2. Bill title: Visitor Services Improvement and Outdoor
Legacy Act of 1996.
3. Bill status: As ordered reported by the House Committee
on Resources on March 28, 1996.
4. Bill purpose: H.R. 2107 would direct the U.S. Department
of Agriculture (USDA) and the Department of the Interior (DOI)
to implement new recreation fee programs designed to improve
the recovery of visitor-related costs. To provide greater
authority and new incentives to the agencies within the two
departments that collect recreation fees, the bill would amend
the Land and Water Conservation Fund Act of 1965 (LWCFA) to:
eliminate existing caps on admission fees at
recreation sites, including those for single visits,
annual park passes, and Golden Eagle Passports;
remove certain limitations on imposing admission and
recreation use fees, including the repeal of existing
prohibitions against such charges at specific national
park units;
remove current restrictions that impede federal
agencies from collecting recreation fees and marketing
Golden Eagle Passport through nonfederal vendors;
reduce the number of visitors that pay no recreation
fees by modifying existing special fee provisions for
children, senior citizens, and handicapped visitors;
and
authorize the agencies to retain and spend fee
receipts that exceed their fiscal year 1995
collections.
In addition, the bill would require the two departments to
develop target receipt levels for each recreation area under
their jurisdictions, effective the fifth year after the
legislation's enactment. Once the participating agencies have
established site-specific targets, the respective secretaries
would submit these targets, along with corresponding fee
schedules, cost-recovery projections, and progress reports, to
the Congress. For each year after this submission is made, the
bill would authorize the appropriation of whatever sums are
necessary in order to provide each participating agency with
125 percent of the amount it received in 1995 (adjusted for
inflation) for visitor services.
5. Estimated cost to the Federal Government: CBO estimates
that implementing H.R. 2107 would increase offsetting receipts
by a total of about $184 million between fiscal years 1997 and
2002. Because the bill would create new budget authority of
more than this amount, however, the net impact on the federal
budget would be an increase in outlays of about $72 million
over the next six years. The budgetary effects of the
legislation are summarized in Table 1.
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 2107
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
DIRECT SPENDING
Net spending under current law: \1\
Estimated budget authority................... -79 -83 -86 -88 -90 -93 -95
Estimated outlays............................ -83 -90 -88 -85 -90 -93 -95
Proposed changes:
Estimated budget authority................... ....... 5 7 17 19 22 26
Estimated outlays............................ ....... 3 3 9 14 19 24
Estimated spending under H.R. 2107:
Estimated budget authority................... -79 -78 -79 -71 -71 -71 -69
Estimated outlays............................ -83 -87 -85 -76 -76 -74 -67
----------------------------------------------------------------------------------------------------------------
\1\ These amounts represent offsetting receipts from recreation fees charged by agencies within DOI and USDA,
net of associated direct spending. For fiscal years 1997 and 1998, net spending under current law includes new
receipts to be earned (and spent) under the temporary authority provided by Public Law 104-134, the Omnibus
Consolidated Rescissions and Appropriations Act, which directs USDA and DOI to initiate fee demonstration
programs at up to 50 recreation sites for each participating agency.
The costs of this bill fall within budget function 300.
This estimate does not include any additional amounts that
may be appropriated to agencies that exceed target receipt
levels after fiscal year 2001 because it is not possible to
estimate such amounts until each participating agency develops
and submits targets for areas under its jurisdiction.
6. Basis of estimate: For purposes of this estimate, CBO
assumes that H.R. 2107 would be enacted by October 1, 1996, and
that USDA and DOI would implement the mandated new fee programs
over the following two years in accordance with the
legislation's specific requirements for public notification and
joint rulemaking. We also assume that most rate increases would
be phased in over a period of several years. All estimates are
based on information provided by the National Park Service
(NPS), the Office of Management and Budget, and other federal
agencies. Estimated receipts and spending authority for fiscal
years 1997 and 1998 are in addition to amounts that will be
collected and spent under the fee demonstration program
authorized by the Omnibus Consolidated Rescissions and
Appropriations Act (OCRA).
Finally, the estimates shown in Tables 1 through 3 include
receipts and direct spending of the NPS, the Forest Service,
and the Bureau of Land Management (BLM). No amounts have been
included for the Bureau of Reclamation or the U.S. Fish and
Wildlife Service because we estimate that the bill would have
no significant effect on their existing fee programs and
associated spending.
Offsetting Receipts.--CBO estimates that additional fee
collections under H.R. 2107 would reach about $30 million in
fiscal year 1999 and rise to about $50 million annually by
2002. As a result of routine planning activities and public
notification and joint rulemaking procedures specified by the
bill, new receipts would be much lower initially: less than $2
million in 1997 and about $12 million in 1998. In total, CBO
estimates that offsetting receipts would increase by $184
million over the 1997-2002 period. The estimated impact on
offsetting receipts is shown in Table 2.
TABLE 2.--ESTIMATED IMPACT OF H.R. 2107 ON OFFSETTING RECEIPTS
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
DIRECT SPENDING
Offsetting receipts under current law: \1\
Estimated budget authority............................ -107 -113 -103 -106 -109 -112
Estimated outlays..................................... -107 -113 -103 -106 -109 -112
Proposed changes:
Estimated budget authority............................ -2 -12 -30 -42 -48 -50
Estimated outlays..................................... -2 -12 -30 -42 -48 -50
Offsetting receipts under H.R. 2107:
Estimated budget authority............................ -109 -125 -133 -148 -157 -162
Estimated outlays..................................... -109 -125 -133 -148 -157 -162
----------------------------------------------------------------------------------------------------------------
\1\ For fiscal year 1997 and 1998, current-law receipts include amounts earned under OCRA.
Based on the historical performance of federal land-
management agencies under previously enacted statutes, CBO
expects that the vast majority of all new receipts realized
from enacting H.R. 2107 would be earned by the NPS. However,
because H.R. 2107 would provide a strong incentive to collect
more fees (by allowing the collecting agency to retain 100
percent of any additional receipts earned rather than the 15
percent they may now spend under the LWCFA), it is possible
that other agencies covered by the bill would try to improve
their fee collection efforts. If so, the increase in offsetting
receipts would be higher than shown in Table 2, and new direct
spending (shown below) would rise correspondingly. Such
increases, if they occur at all, would probably be relatively
small (in comparison to NPS earnings). Moreover, new fee
programs at other agencies would probably require much longer
implementation periods because the agencies most likely to be
affected--the Forest Service and the Bureau of Land
Management--would probably need more time to develop new fee
schedules, hire additional personnel, and construct the
necessary facilities at collection sites.
Direct Spending.--The new spending authority provided by
H.R. 2107 would increase federal outlays by about $5 million in
fiscal year 1997. The amount of additional spending would
increase over time to about $74 million in 2002, for a total of
$256 million over the six-year period. The additional budget
authority and outlays estimated for the bill are shown in Table
3.
H.R. 2107 would authorize the Forest Service and DOI to
retain and spend any additional fee receipts above the amounts
they collected in fiscal year 1995. As a result of this
provision, new mandatory budget authority would increase not
only by the amount of new receipts earned under the bill but
also by any receipt increases realized from growth in
visitation or other changes that would have occurred even in
the absence of new legislation. Of the amounts shown in Table 3
as new spending authority, about $2 million in 1997 and a total
of $184 million through 2002 would stem from the new fee
programs mandated by the bill. The balance--$5 million and a
total of $96 million through 2002--would be the result of
growth in receipts collected by the NPS, BLM, and the Forest
Service under current law. Estimated increases in new budget
authority and outlays are net of small savings that would
result from a provision of H.R. 2107 that would delay the
availability of funds to cover collection costs, which are
currently made available without appropriation in the year
received.
TABLE 3.--ESTIMATED IMPACT OF H.R. 2107 ON DIRECT SPENDING
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
Spending under current law:\1\
Estimated budget authority............................ 24 27 15 16 16 17
Estimated outlays..................................... 20 25 18 16 16 17
Proposed changes:
Estimated budget authority............................ 7 19 47 61 70 76
Estimated outlays..................................... 5 15 39 56 67 74
Estimated spending under H.R. 2107:
Estimated budget authority............................ 30 46 63 77 87 92
Estimated outlays..................................... 25 41 57 72 83 91
----------------------------------------------------------------------------------------------------------------
\1\ Estimated budget authority and outlays under current law include amounts retained and spent under OCRA,
which allows each participating agency to spend without further appropriation 100 percent of any amounts it
earns above a certain threshold (in addition to the 15 percent automatically made available under section 4(i)
of the LWCFA).
7. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. CBO estimates that enacting
H.R. 2107 would affect direct spending by increasing both
offsetting receipts and mandatory spending. Therefore, pay-as-
you-go procedures would apply. The net increase in direct
spending is shown below.
[By fiscal year, in millions of dollars]
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays...................... 0 3 3
Change in receipts..................... (\1\) (\1\) (\1\)
------------------------------------------------------------------------
\1\ Not applicable.
8. Estimated impact on State, local, and tribal
governments: H.R. 2107 contains no intergovernmental mandates
as defined in Public Law 104-4. The bill could impose some
costs on state governments, in the form of lost receipts, but
these costs would not be the result of an enforceable duty and,
therefore, would not be costs of a mandate.
Enacting this bill could reduce the amount of recreation
receipts paid to states in future years, because it provides
that states may not share in recreation fees collected in
excess of the 1995 authorized level. While the phrase ``1995
authorized level'' could be interpreted to refer to whatever
amount of receipts could be collected in future years under the
laws in effect in 1995, CBO believes it would probably be
interpreted to refer to the amount actually collected in that
year. Under this interpretation, the provision not only would
preclude states from sharing in the additional receipts
collected as a result of this bill, but also could affect
states' share of receipts collected under current law.
This provision would affect fees collected by the Forest
Service--the only federal agency that currently shares
recreation fees with states. States receive 25 percent of
recreation fees collected by the Forest Service. We expect
that, under current law, Forest Service recreation receipts for
each of the next few years will be about $2 million greater
than the 1995 level. If this program is interpreted to apply to
this increase, H.R. 2107 would result in states losing receipts
of $500,000 annually to which they are currently entitled.
Receipts are expected to increase under current law for a
number of reasons, including an increase in the number of
visitors that pay recreation fees.
H.R. 2107 would also allow federal agencies to authorize
state or local governments to sell admission permits and to
contract with these governments to provide visitor reservation
services. These activities would be voluntary on the part of
participating state or local governments.
9. Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in Public Law
104-4.
10. Previous CBO estimate: None.
11. Estimate prepared by: Federal Cost Estimate: Deborah
Reis; State and Local Government Impact: Marjorie Miller;
Private-Sector Impact: Amy Downs.
12. Estimate approved by: Robert A. Sunshine, Paul N. Van
de Water, Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 2107 contains no unfunded mandates.
Departmental Reports
The Committee has received no departmental reports on H.R.
2107.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
LAND AND WATER CONSERVATION FUND ACT OF 1965
* * * * * * *
TITLE I--LAND AND WATER CONSERVATION PROVISIONS
* * * * * * *
[admission and use fees; establishment and regulations
[Sec. 4. (a) Admission Fees.--Entrance or admission fees
shall be charged only at designated units of the National Park
System or National Conservation Areas administered by the
Department of the Interior and National Recreation Areas,
National Monuments, National Volcanic Monuments, National
Scenic Areas, and no more than 21 areas of concentrated public
use administered by the Department of Agriculture. For purposes
of this subsection, the term ``area of concentrated public
use'' means an area that is managed primarily for outdoor
recreation purposes, contains at least one major recreation
attraction, where facilities and services necessary to
accommodate heavy public use are provided, and public access to
the area is provided in such a manner that admission fees can
be efficiently collected at one or more centralized locations.
No admission fees of any kind shall be charged or imposed for
entrance into any other federally owned areas which are
operated and maintained by a Federal agency and used for
outdoor recreation purposes.
[(1)(A)(i) For admission into any such designated
area, an annual admission permit (to be known as the
Golden Eagle Passport) shall be available, for a fee of
not more than $25. The permittee and any person
accompanying him in a single, private noncommercial
vehicle, or alternatively, the permittee and his
spouse, children, and parents accompanying him where
entry to the area is by any means other than private,
noncommercial vehicle, shall be entitled to general
admission into any area designated pursuant to this
subsection. The annual permit shall be valid for a
period of 12 months from the date the annual fee is
paid. The annual permit shall not authorize any uses
for which additional fees are charged pursuant to
subsections (b) and (c) of this section. The annual
permit shall be nontransferable and the unlawful use
thereof shall be punishable in accordance with
regulations established pursuant to subsection (e). The
annual permit shall be available for purchase at any
such designated area.
[(ii) The Secretary of the Interior and the Secretary
of Agriculture may authorize businesses, nonprofit
entities, and other organizations to sell and collect
fees for the Golden Eagle Passport subject to such
terms and conditions as the Secretaries may jointly
prescribe. The Secretaries shall develop detailed
guidelines for promotional advertising of non-Federal
Golden Eagle Passport sales and shall monitor
compliance with such guidelines. The Secretaries may
authorize the sellers to withhold amounts up to, but
not exceeding 8 percent of the gross fees collected
from the sale of such passports as reimbursement for
actual expenses of the sales. Receipts from such non-
Federal sales of the Golden Eagle Passport shall be
deposited into the special account established in
subsection (i), to be allocated between the Secretary
of the Interior and the Secretary of Agriculture in the
same ratio as receipts from admission into Federal fee
areas administered by the Secretary of Agriculture and
the Secretary of the Interior pursuant to subsection
(a).
[(B) For admission into a specific designated unit of
the National Park System, or into several specific
units located in a particular geographic area, the
Secretary is authorized to make available an annual
admission permit for a reasonable fee. The fee shall
not exceed $15 regardless of how many units of the park
system are covered. The permit shall convey the
privileges of, and shall be subject to the same terms
and conditions as, the Golden Eagle Passport, except
that it shall be valid only for admission into the
specific unit or units of the National Park System
indicated at the time of purchase.
[(2) Reasonable admission fees for a single visit at
any designated area shall be established by the
administering Secretary for persons who choose not to
purchase the annual permit. A ``single visit'' means
more or less continuous stay within a designated area.
Payment of a single visit admission fee shall authorize
exits from and reentries to a single designated area
for a period of from one to fifteen days, such period
to be defined for each designated area by the
administering Secretary based upon a determination of
the period of time reasonably and ordinarily necessary
for such a single visit. The fee for a single-visit
permit at any designated area applicable to those
persons entering by private, noncommercial vehicle
shall be no more than $5 per vehicle. The single-visit
permit shall admit the permittee and all persons
accompanying him in a single vehicle. The fee for a
single-visit permit at any designated area applicable
to those persons entering by any means other than a
private noncommercial vehicle shall be no more than $3
per person. Except as otherwise provided in this
subsection, the maximum fee amounts set forth in this
paragraph shall apply to all designated areas.
[(3) No admission fee shall be charged 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, 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 the area.
Nor shall any fee be charged for travel by private,
noncommercial vehicle over any road or highway to any
land in which such person has any property right if
such land is within any such designated area. In the
Smoky Mountains National Park, unless fees are charged
for entrance into said park on main highways and
thoroughfares, fees shall not be charged for entrance
on other routes into said park or any part thereof.
Notwithstanding any other provision of this Act, no
admission fee may be charged at any unit of the
National Park System which provides significant outdoor
recreation opportunities in an urban environment and to
which access is publicly available at multiple
locations.
[(4) The Secretary of the Interior and the Secretary
of Agriculture shall establish procedures providing for
the issuance of a lifetime admission permit (to be
known as the ``Golden Age Passport'') to any citizen
of, or person domiciled in, the United States sixty-two
years of age or older applying for such permit. Such
permit shall be nontransferable, shall be issued for a
one-time charge of $10, and shall entitle the permittee
and any person accompanying him in a single, private,
noncommercial vehicle, or alternatively, the permittee
and his spouse and children accompanying him where
entry to the area is by any means other than private,
noncommercial vehicle, to general admission into any
area designated pursuant to this subsection. No other
free permits shall be issued to any person: Provided,
That no fees of any kind shall be collected from any
persons who have a right of access for hunting or
fishing privileges under a specific provision of law or
treaty or who are engaged in the conduct of official
Federal, State, or local Government business and
Provided further, That for no more than three years
after the date of enactment of this Act, visitors to
the United States will be granted entrance, without
charge, to any designated admission fee area upon
presentation of a valid passport.
[(5) The Secretary of the Interior and the Secretary
of Agriculture shall establish procedures providing for
the issuance of a lifetime admission permit to any
citizen of, or person domiciled in, the United States,
if such citizen or person applies for such permit, and
is blind or permanently disabled. Such procedures shall
assure that such permit shall be issued only to persons
who have been medically determined to be blind or
permanently disabled for purposes of receiving benefits
under Federal law as a result of said blindness or
permanent disability as determined by the Secretaries.
Such permit shall be nontransferable, shall be issued
without charge, and shall entitle the permittee and any
person accompanying him in a single, private,
noncommercial vehicle, or alternatively, the permittee
and his spouse and children accompanying him where
entry to the area is by any means other than private,
noncommercial vehicle, to general admission into any
area designated pursuant to this subsection.
[(6)(A) No later than 60 days after the date of
enactment of this paragraph, the Secretary of the
Interior shall submit to the Committee on Interior and
Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate a report on the
entrance fees proposed to be charged at units of the
National Park System. The report shall include a list
of units of the National Park System and the entrance
fee proposed to be charged at each unit. The Secretary
of the Interior shall include in the report an
explanation of the guidelines used in applying the
criteria in subsection (d).
[(B) Following submittal of the report to the
respective committees, any proposed changes to matters
covered in the report, including the addition or
deletion of park units or the increase or decrease of
fee levels at park units shall not take effect until 60
days after notice of the proposed change has been
submitted to the committees.
[(7) No admission fee may be charged at any unit of
the National Park System for admission of any person 16
years of age or less.
[(8) No admission fee may be charged at any unit of
the National Park System for admission of organized
school groups or outings conducted for educational
purposes by schools or other bona fide educational
institutions.
[(9) No admission fee may be charged at the following
units of the National Park System: U.S.S. Arizona
Memorial, Independence National Historical Park, any
unit of the National Park System within the District of
Columbia, Arlington House--Robert E. Lee National
Memorial, San Juan National Historic Site, and
Canaveral National Seashore.
[(10) For each unit of the National Park System where
an admission fee is collected, the Director shall
annually designate at least one day during periods of
high visitation as a ``Fee-Free Day'' when no admission
fee shall be charged.
[(11) In the case of the following parks, the fee for
a single-visit permit applicable to those persons
entering by private, noncommercial vehicle (the
permittee and all persons accompanying him in a single
vehicle) shall be no more than $10 per vehicle and the
fee for a single-visit permit applicable to persons
entering by any means other than a private
noncommercial vehicle shall be no more than $5 per
person: Yellowstone National Park and Grand Teton
National Park and after the end of fiscal year 1990,
Grand Canyon National Park. In the case of Yellowstone
and Grand Teton, a single-visit fee collected at one
unit shall also admit the vehicle or person who paid
such fee for a single-visit to the other unit.
[(12) Notwithstanding section 203 of the Alaska
National Interest Lands Conservation Act, the Secretary
may charge an admission fee under this section at
Denali National Park and Preserve in Alaska.
[(b) Recreation Use Fees.--Each Federal agency developing,
administering, providing or furnishing at Federal expense,
specialized outdoor recreation sites, facilities, equipment, or
services shall, in accordance with this subsection and
subsection (d) of this section, provide for the collection of
daily recreation use fees at the place of use or any reasonably
convenient location: Provided, That in no event shall there be
a charge by any such agency for the use, either singly or in
any combination, of drinking water, wayside exhibits, roads,
overlook sites, visitors' centers, scenic drives, or toilet
facilities, nor shall there be any such charge solely for the
use of picnic tables: Provided, That in no event shall there be
a charge for the use of any campground not having a majority of
the following: tent or trailer spaces, picnic tables, drinking
water, access road, refuse containers, toilet facilities,
personal collection of the fee by an employee or agent of the
Federal agency operating the facility, reasonable visitor
protection, and simple devices for containing a campfire (where
campfires are permitted). For the purposes of this subsection,
the term ``specialized outdoor recreation sites'' includes, but
is not limited to, campgrounds, swimming sites, boat launch
facilities, and managed parking lots. Any Golden Age Passport
permittee, or permittee under paragraph (5) of subsection (a)
of this section, shall be entitled upon presentation of such
permit to utilize such special recreation facilities at a rate
of 50 per centum of the established use fee.
[(c) Recreation Permits.--Special recreation permits for uses
such as group activities, recreation events, motorized
recreation vehicles, and other specialized recreation uses may
be issued in accordance with procedures and at fees established
by the agency involved.
[(d) All fees established pursuant to this section shall be
fair and equitable, taking into consideration the direct and
indirect cost to the Government, the benefits to the recipient,
the public policy or interest served, the comparable recreation
fees charged by non-Federal public agencies, the economic and
administrative feasibility of fee collection and other
pertinent factors. Clear notice that a fee has been established
pursuant to this section shall be prominently posted at each
area and at appropriate locations therein and shall be included
in publications distributed at such areas. It is the intent of
this Act that comparable fees should be charged by the several
Federal agencies for comparable services and facilities.
[(e) In accordance with the provisions of this section, the
heads of appropriate departments and agencies may prescribe
rules and regulations for areas under their administration for
the collection of any fee established pursuant to this section.
Persons authorized by the heads of such Federal agencies to
enforce any such rules or regulations issued under this
subsection may, within areas under the administration or
authority of such agency head and with or, if the offense is
committed in his presence, without a warrant, arrest any person
who violates such rules and regulations. Any person so arrested
may be tried and sentenced by the United States magistrate
specifically designated for that purpose by the court by which
he was appointed, in the same manner and subject to the same
conditions as provided in title 18, United States Code, section
3401, subsections (b), (c), (d), and (e), as amended. Any
violations of the rules and regulations issued under this
subsection shall be punishable by a fine of not more than $100.
[(f) The head of any Federal agency, under such terms and
conditions as he deems appropriate, may contract with any
public or private entity to provide visitor reservation
services. Any such contract may provide that the contractor
shall be permitted to deduct a commission to be fixed by the
agency head from the amount charged the public for providing
such services and to remit the net proceeds therefrom to the
contracting agency.
[(g) Nothing in this Act shall authorize Federal hunting or
fishing licenses or fees or charges for commercial or other
activities not related to recreation, nor shall it affect any
rights or authority of the States with respect to fish and
wildlife, nor shall it repeal or modify any provision of law
that permits States or political subdivisions to share in the
revenues from Federal lands or any provision of law that
provides that any fees or charges collected at particular
Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that provision of
law.
[(i)(1)(A) Except in the case of fees collected by the United
States Fish and Wildlife Service or the Tennessee Valley
Authority, all receipts from fees collected pursuant to this
section by any Federal agency (or by any public or private
entity under contract with a Federal agency) shall be covered
into a special account for that agency established in the
Treasury of the United States. Fees collected by the Secretary
of Agriculture pursuant to this subsection shall continue to be
available for the purposes of distribution to States and
counties in accordance with applicable law.
[(B) Notwithstanding subparagraph (A), in any fiscal year,
the Secretary of Agriculture and the Secretary of the Interior
may withhold from the special account established under
subparagraph (A) such portion of all receipts collected from
fees imposed under this section in such fiscal year as the
Secretary of Agriculture or the Secretary of the Interior, as
appropriate, determines to be equal to the fee collection costs
for that fiscal year: Provided, That such costs shall not
exceed 15 percent of all receipts collected from fees imposed
under this section in that fiscal year. The amounts so withheld
shall be retained by the Secretary of Agriculture or the
Secretary of the Interior, as appropriate, and shall be
available, without further appropriation, for expenditure by
the Secretary concerned to cover fee collection costs in that
fiscal year. The Secretary concerned shall deposit into the
special account established pursuant to subparagraph (A) any
amounts so retained which remain unexpended and unobligated at
the end of the fiscal year. For the purposes of this
subparagraph, for any fiscal year, the term ``fee collection
costs'' means those costs for personnel and infrastructure
directly associated with the collection of fees imposed under
this section.
[(2) Amounts covered into the special account for each agency
during each fiscal year shall, after the end of such fiscal
year, be available for appropriation solely for the purposes
and in the manner provided in this subsection. No funds shall
be transferred from fee receipts made available under this Act
to each unit of the national park system: Provided, however,
That in making appropriations, funds derived from such fees may
be used for any purpose authorized therein. Funds credited to
the special account shall remain available until expended.
[(3) For agencies other than the National Park Service, such
funds shall be made available for resource protection,
research, interpretation, and maintenance activities related to
resource protection in areas managed by that agency at which
outdoor recreation is available. To the extent feasible, such
funds should be used for purposes (as provided for in this
paragraph) which are directly related to the activities which
generated the funds, including but not limited to water-based
recreational activities and camping.
[(4) Amounts covered into the special account for the
National Park Service shall be allocated among park system
units in accordance with subsection (j) for obligation or
expenditure by the Director of the National Park Service for
the following purposes:
[(A) In the case of receipts from the collection of
admission fees: for resource protection, research, and
interpretation at units of the National Park System.
[(B) In the case of receipts from the collection of
user fees: for resource protection, research,
interpretation, and maintenance activities related to
resource protection at units of the National Park
System.
[(j)(1) 10 percent of the funds made available to the
Director of the National Park Service under subsection (i) in
each fiscal year shall be allocated among units of the National
Park System on the basis of need in a manner to be determined
by the Director.
[(2) 40 percent of the funds made available to the Director
of the National Park Service under subsection (i) in each
fiscal year shall be allocated among units of the National Park
System in accordance with paragraph (3) of this subsection and
50 percent shall be allocated in accordance with paragraph (4)
of this subsection.
[(3) The amount allocated to each unit under this paragraph
for each fiscal year shall be a fraction of the total
allocation to all units under this paragraph. The fraction for
each unit shall be determined by dividing the operating
expenses at that unit during the prior fiscal year by the total
operating expenses at all units during the prior fiscal year.
[(4) The amount allocated to each unit under this paragraph
for each fiscal year shall be a fraction of the total
allocation to all units under this paragraph. The fraction for
each unit shall be determined by dividing the user fees and
admission fees collected under this section at that unit during
the prior fiscal year by the total of user fees and admission
fees collected under this section at all units during the prior
fiscal year.
[(5) Amounts allocated under this subsection to any unit for
any fiscal year and not expended in that fiscal year shall
remain available for expenditure at that unit until expended.
[(k) When authorized by the head of the collecting agency,
volunteers at designated areas may sell permits and collect
fees authorized or established pursuant to this section. The
head of such agency shall ensure that such volunteers have
adequate training regarding--
[(1) the sale of permits and the collection of fees,
[(2) the purposes and resources of the areas in which
they are assigned, and
[(3) the provision of assistance and information to
visitors to the designated area.
The Secretary shall require a surety bond for any such
volunteer performing services under this subsection. Funds
available to the collecting agency may be used to cover the
cost of any such surety bond. The head of the collecting agency
may enter into arrangements with qualified public or private
entities pursuant to which such entities may sell (without cost
to the United States) annual admission permits (including
Golden Eagle Passports) at any appropriate location. Such
arrangements shall require each such entity to reimburse the
United States for the full amount to be received from the sale
of such permits at or before the agency delivers the permits to
such entity for sale.
[(l)(1) Where the National Park Service provides
transportation to view all or a portion of any unit of the
National Park System, the Director may impose a charge for such
service in lieu of an admission fee under this section. The
charge imposed under this paragraph shall not exceed the
maximum admission fee under subsection (a).
[(2) Notwithstanding any other provision of law, half of the
charges imposed under paragraph (1) shall be retained by the
unit of the National Park System at which the service was
provided. The remainder shall be covered into the special
account referred to in subsection (i) in the same manner as
receipts from fees collected pursuant to this section. Fifty
percent of the amount retained shall be expended only for
maintenance of transportation systems at the unit where the
charge was imposed. The remaining 50 percent of the retained
amount shall be expended only for activities related to
resource protection at such units.
[(m) Where the primary public access to a unit of the
National Park System is provided by a concessioner, the
Secretary may charge an admission fee at such units only to the
extent that the total of the fee charged by the concessioner
for access to the unit and the admission fee does not exceed
the maximum amount of the admission fee which could otherwise
be imposed under subsection (a).
[(n)(1) In the case of each unit of the National Park System
for which an admission fee is charged under this section, the
Secretary of the Interior shall establish, by October 1, 1993,
a commercial tour use fee to be imposed on each vehicle
entering the unit for the purpose of providing commercial tour
services within the unit. Fee revenue derived from such
commercial tour use fees shall be deposited into the special
account established under subsection (i).
[(2) The Secretary shall establish the amount of fee per
entry as follows:
[(A) $25 per vehicle with a passenger capacity of 25
persons or less, and
[(B) $50 per vehicle with a passenger capacity of
more than 25 persons.
[(3) The Secretary may periodically make reasonable
adjustments to the commercial tour use fee imposed under this
subsection.
[(4) The commercial tour use fee imposed under this
subsection shall not apply to either of the following:
[(A) Any vehicle transporting organized school groups
or outings conducted for educational purposes by
schools or other bona fide educational institutions.
[(B) Any vehicle entering a park system unit pursuant
to a contract issued under the Act of October 9, 1965
(16 U.S.C. 20-20g) entitled ``An Act relating to the
establishment of concession policies in the areas
administered by the National Park Service and for other
purposes.''.
[(5)(A) The provisions of this subsection shall apply to
aircraft entering the airspace of units of the National Park
System identified in section 2(b) and section 3 of Public Law
100-91 for the specific purpose of providing commercial tour
services within the airspace of such units.
[(B) The provisions of this subsection shall also apply to
aircraft entering the airspace of other units of the National
Park System for the specific purpose of providing commercial
tour services if the Secretary determines that the level of
such services is equal to or greater than the level at those
units of the National Park System specified in subparagraph
(A).]
recreation fee program
Sec. 4. (a) Program Goals and Policies.--
(1) Congressional goals.--It is the policy of
Congress that the Federal land management agencies
develop and implement high quality recreation programs
adequate to meet the needs of the American people and
to fund a portion of the cost of providing recreation
services through recreation fees.
(2) Administrative policies.--The administering
Secretaries shall jointly issue an integrated policy
for the establishment and collection of recreation fees
under this section. Such policy shall--
(A) permit flexibility with regard to the
amounts charged;
(B) provide for maximization of the number of
persons who pay fees to ensure that fees remain
at the lowest possible level;
(C) provide that comparable fees be charged
by the several Federal agencies for similar
services and facilities;
(D) provide for the establishment of fees in
a manner which is equitable among user groups
and which accounts for any other fees, such as
commercial tour fees and concession fees, which
are paid by user groups and used on Federal
lands for recreational purposes;
(E) define administrative overhead and
specify accounting procedures to ensure that
administrative overhead is not included in the
cost of visitor services provided;
(F) provide for a uniform procedure for
accounting for fees collected under this
section; and
(G) recognize the importance of the
convenience of the public by avoiding fee
programs which are overly complex or which
would require the payment of numerous fees at a
particular area.
(b) Definitions.--For the purposes of this section:
(1) Administering secretaries.--The term
``administering Secretaries'' means--
(A) the Secretary of Agriculture with respect
to the Forest Service; and
(B) the Secretary of the Interior with
respect to the National Park Service, Bureau of
Land Management, United States Fish and
Wildlife Service, and Bureau of Reclamation.
(2) Agency.--The term ``agency'' means an agency
referred to in paragraph (1) (A), (B), or (C).
(3) Area.--The term ``area'' means an administrative
area managed by an agency, such as a unit of the
National Park System, a national forest, a national
wildlife refuge, and a project area with respect to the
Bureau of Reclamation, but does not include Bureau of
Reclamation areas managed by a non-Federal entity.
(4) Area of concentrated public use.--The term ``area
of concentrated public use'' means an area which--
(A) provides developed facilities or services
necessary to accommodate public use maintained
at Federal expense;
(B) contains at least one major visitor
attraction, including (but not limited to) a
lake, river, historical or cultural site, or
geologic feature; and
(C) provides public access such that
admission fees can be cost-effectively
collected.
(5) Recreation fees.--The term ``recreation fees''
means admission fees, recreation use fees, and fees
granted to Federal agencies from States whether
collected by agency personnel or others.
(6) Admission fees.--The term ``admission fees''
means fees charged for entry into any area designated
by the administering Secretary.
(7) Recreation use fee.--The term ``recreation use
fee'' means the charge for specialized recreation
services or facilities furnished at Federal Government
expense, including (but not limited to) campgrounds,
boat ramps, and back country camping by permit.
(8) Visitor services.--The term ``visitor services''
means services and costs directly associated with
management of recreation visitors to Federal lands,
including (but not limited to) such programs as
maintenance of facilities which serve primarily visitor
recreation use (such as campgrounds, scenic roads,
trails, visitor centers and picnic areas), public
information and interpretation, resource protection
directly related to public use (such as stream
improvement to improve fishing or mitigation of impacts
to resources resulting from visitor use), and other
activities of personnel assigned predominantly to
management of visitors or public safety programs, but
not including costs of regional and Washington
headquarters offices or any administrative services
such as personnel, budget and finance, and procurement.
(9) Pre-1996 authorized recreation receipts.--The
term ``pre-1996 authorized recreation receipts'' means
the receipts that would have been received for a fiscal
year from fees collected under section 4 of the Land
and Water Conservation Fund Act of 1965 as such section
was in effect on the day before the date of the
enactment of the Visitor Services Improvement and
Outdoor Legacy Act of 1996.
(10) Concession fees.--The term ``concession fees''
means fees paid to the United States pursuant to
provisions of law other than this section for the
privilege of providing concession services, fees paid
for the lease of government-owned facilities, and
amounts paid for construction of visitor facilities.
(c) Establishment.--
(1) In general.--In order to improve the quality of
the visitor experience on Federal lands, the
administering Secretaries shall establish and implement
a fee program in accordance with this section which
provides for partial recovery of the costs of visitor
services provided through admission fees, recreation
use fees, and concession fees. In carrying out such
program, the administering Secretaries are authorized
and directed to collect admission fees in accordance
with this section at areas administered by the National
Park Service and areas of concentrated public use. In
addition, the administering Secretaries shall collect
recreation use fees at areas under their
administration.
(2) Factors in establishing and adjusting amount of
fees.--(A) All fees established pursuant to this
section shall be fair and equitable, taking into
consideration the direct and indirect cost to the
Federal Government, the benefits to the recipient, the
public policy or interest served, the comparable
recreation fees charged by other public and private
entities, the economic and administrative feasibility
of fee collection, convenience to the recreation user,
and other pertinent factors.
(B) Any adjustments in fees shall take into account
the factors specified in subparagraph (A).
(3) Public comment and federal register notice on
admission and commercial tour fees.--(A) In the case of
public admission fees, the administering Secretaries
shall publish in the Federal Register, for a 30-day
comment period, a proposed schedule of all changes to
such fees not later than six months prior to such fee
changes.
(B) In the case of changes to commercial tour fees or
initiating a new commercial tour fee, the administering
Secretaries shall publish in the Federal Register--
(i)(I) for a 30-day comment period, a
proposed schedule of all significant changes in
such fees not later than 14 months prior to
such fee change or initiation; and
(II) a final schedule not later than 12
months prior to such fee change or initiation;
and
(ii) a schedule of all changes (other than
those subject to clause (i)), in such fees not
later than six months prior to such fee
changes.
(4) Continuation of fee authority.--Until an
admission or commercial tour fee is initiated and in
effect under this section, the admission or commercial
tour fee at an area administered by the agencies shall
be determined in accordance with the applicable laws in
effect on the day before the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of
1996.
(5) Notice of fees.--Clear notice that a fee has been
established pursuant to this section, and the amount
thereof, shall be prominently posted at appropriate
locations in each area and shall be included in agency
publications distributed with respect to such areas.
(6) Target recreation revenue goals.--Effective for
the fifth fiscal year beginning after the enactment of
this section, the administering Secretary shall develop
annually a target recreation revenue goal for each area
administered by the Secretary which reflects the
estimated ability for such area to collect recreation
fees. The administering Secretary shall develop that
target based on historical data, projected visitation,
and such other data as are available to the Secretary.
(7) Fee collection personnel.--Personnel exclusively
assigned to fee collection duties, which are over and
above the number of such personnel assigned exclusively
to fee collection duties on the day prior to enactment
of this Act, shall not be counted against any full-time
equivalent ceiling established for that agency.
(d) Recreation Fees.--
(1) Single admission visits.--Reasonable admission
fees for a single visit to any designated area shall be
established by the administering Secretary. A ``single
visit'' means a more or less continuous stay within a
designated area. Payment of a single visit admission
fee shall authorize exits from and reentries to a
single designated area for a period of from one to
fifteen days, such period to be defined for each
designated area by the administering Secretary based
upon a determination of the period of time reasonably
and ordinarily necessary for such a single visit. The
single visit entrance fee for private parties and
commercial tours shall be set by the administering
Secretaries and may be adjusted, taking into account
the factors specified in subsection (c)(2). The
Secretaries shall ensure that where appropriate the
admission fee schedule developed provides economic
incentives for use of alternative modes of
transportation, including mass transportation, at areas
experiencing high levels of automobile traffic. The
administering Secretaries are authorized to implement
admission fee practices which vary by day of the week,
season, expedite entry and reduce congestion.
(2) Annual admission permits: golden eagle
passport.--(A) Golden eagle passport.--For admission
into any area at which admission fees are charged
pursuant to this section, an admission permit, to be
known as the ``Golden Eagle Passport'', valid for a 12-
month period, shall be available. The fee for the
passport shall be set jointly by the administering
Secretaries, taking into account the factors specified
in subsection (c)(2). The permittee and all persons
accompanying the permittee in a single, private, non-
commercial vehicle or, alternatively, the permittee and
the permittee's spouse, children, and parents
accompanying the permittee shall be entitled to general
admission into any area designated pursuant to this
section. The permit shall be nontransferable, and the
unlawful use thereof shall be punishable in accordance
with regulations established pursuant to subsection
(g). The permit shall be available for purchase at any
such designated area.
(B) The administering Secretaries may authorize units
of State or local government, organizations,
businesses, and nonprofit entities to sell and collect
admission fees, including the Golden Eagle Passport,
subject to such conditions as the Secretaries may
jointly prescribe. The Secretaries shall develop
detailed guidelines for promotional advertising of non-
Federal passport sales and monitor compliance with
those guidelines. The Secretaries may authorize the
seller or sellers to maintain an inventory of Golden
Eagle Passports for periods not to exceed six months
and to withhold amounts up to, but not exceeding, eight
percent of the gross fees collected from Golden Eagle
Passport sales as reimbursement for actual expenses of
the sales.
(3) Annual geographic admission permits.--For
admission into a specific designated area or into
several specific areas located in a particular
geographic region at which admission fees are charged
pursuant to this section, the administering Secretary
or Secretaries are authorized to make available an
annual admission permit. The permit shall convey the
privileges of, and shall be subject to the same terms
and conditions as, the Golden Eagle Passport, except
that it shall be valid only for admission into the
specific area or areas indicated at the time of
purchase.
(4) Golden access passport.--The Secretary of the
Interior and the Secretary of Agriculture shall
establish procedures providing for the issuance of a
lifetime admission permit to any citizen of, or person
legally domiciled in, the United States, if such
citizen or person applies for such permit and is
permanently disabled. Such procedures shall ensure that
a lifetime admission permit shall be issued only to
persons who have been medically determined to be
permanently disabled. A lifetime admission permit shall
be nontransferable, shall be issued without charge, and
shall entitle the permittee and one accompanying
individual to general admission into any area
designated pursuant to this section, notwithstanding
the method of travel.
(5) Recreation use fees.--Each agency developing,
administering, providing, or furnishing at Federal
expense services for such activities as camping,
including back country camping under permit, guarded
swimming sites, boat launch facilities, group
activities including picnic sites, managed parking
lots, motorized recreation use and other recreation
uses, shall in accordance with this section provide for
the collection of recreation use fees at the place of
use or any reasonably convenient location. The
administering Secretary may establish both daily and
annual recreation use fees. Fees may not be charged by
any such agency for the use, either singly or in any
combination, of drinking water, wayside exhibits,
overlook sites, toilet facilities, or picnic tables.
(6) Commercial tour use fee.--(A) For each area for
which an admission fee is charged under this section,
the administering Secretary shall charge any fee on a
per vehicle basis for each vehicle or vessel and
passengers entering the area for the purpose of
providing commercial tour services.
(B) The Secretary of the Interior shall charge a
commercial tour fee for aircraft entering the airspace
of units of the National Park System in the same manner
and by the same means as provided in section 4(n) of
the Land and Water Conservation Fund Act of 1965, as in
effect immediately before the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of 1996.
(C) Within 12 months after the date of enactment of
the Visitor Services Improvement and Outdoor Legacy Act
of 1996, the Secretary of the Interior and the
Secretary of Transportation shall jointly submit a
report to the appropriate committees of Congress
outlining revisions to the commercial tour fee schedule
for aircraft which encourages the use of quiet aircraft
technology.
(7) Transportation provided by the secretary.--Where
the administering Secretary provides transportation to
visit all or a portion of any area, he may impose a
charge for such service. Collection of such fees may
occur at the transportation staging area or any
reasonably convenient location, whether inside or
outside of the area boundary. The administering
Secretary may enter into arrangements with qualified
public or private entities pursuant to which such
entities may collect such fees. Such funds collected
shall be retained at the area where the service was
provided and expended for costs associated with the
transportation system.
(8) Persons 12 years of age or under.--The admission
fee for a person who is 12 years of age or under at any
area for which admission fees are charged on a per
person basis shall be no greater than 50 percent of the
per person admission fee of a person older than 12
years.
(e) Establishment of Accounts and Deposit of Recreation
Fees.--
(1) Establishment.--The Secretary of the Treasury
shall establish a special account in the Treasury for
each agency which collects recreation fees under this
section. Within each such account, the administering
Secretary shall separately account for receipts and
disbursements of funds for each area.
(2) Deposits.--(A) The administering Secretary shall
deposit in each agency account all receipts from fees
collected pursuant to this section by any Federal
agency (or by any public or private entity under
contract with a Federal agency).
(B) All funds from the sale of the Golden Eagle
Passport shall be divided among the agencies based on a
formula which the administering Secretaries shall
devise and which considers total recreation admission
fees collected by the agency and total recreation use
at designated admission fee areas provided by the
agency. Funds from the sale of the Golden Eagle
Passport shall be deposited as recreation fees
collected into the appropriate agency account.
(C) All funds from the sale of geographic admission
permits under subsection (d)(3) shall be divided among
the areas for which such permits were issued on the
basis of visitor use, length of stay, and other
pertinent factors as determined by the administering
Secretaries and shall be deposited as recreation fees
collected from those areas into the appropriate agency
account.
(3) Fee collection costs.--Notwithstanding any other
provision of law, the administering Secretary may, in
any fiscal year, withdraw from the special account
established under paragraph (1) an amount up to 15
percent of all receipts collected under this section in
the preceding fiscal year. The amounts so withdrawn
shall be retained by the administering Secretaries, and
shall be available, without further appropriation, for
expenditure by the Secretary concerned to cover fee
collection costs, and shall remain available until
expended. For the purposes of this paragraph, for any
fiscal year, the term ``fee collection costs'' means
those costs for personnel and infrastructure directly
associated with the collection of fees imposed under
this section.
(4) Use of recreation fees.--Amounts covered into the
special account for each agency during each fiscal year
shall be available after the end of such fiscal year
for appropriation for visitor services, except as
provided in paragraphs (3) and (5). Funds credited to
the special account shall remain available until
expended.
(5) Amounts in excess of pre-1996 authorized
recreation receipts.--Beginning in fiscal year 1996 and
each fiscal year thereafter, all funds deposited in
special accounts in the Treasury for each agency under
this section which are in addition to funds collected
in fiscal year 1995 shall be made immediately available
to that agency without further appropriation. Of the
amounts made available under this paragraph after the
application of paragraph (3), 75 percent shall be
allocated among the units or areas of each agency in
the same proportion as fees collected from that
specific area bear to the total amount of fees
collected from all areas of that agency for the fiscal
year. In addition, one-third of the amount of
recreation fees collected from the area which exceeds
the target recreation revenue goal specified in
subsection (c)(5) for that area shall be made available
to that area without further appropriation. The
remainder of the fees collected pursuant to this
section shall be allocated among each agency's areas on
the basis of need as determined by the Secretary. All
such funds shall remain available until expended. Funds
deposited into accounts under this paragraph may only
be used (A) to fund visitor services on Federal lands,
(B) for repair, rehabilitation, or replacement of
visitor use facilities, and (C) for construction of new
facilities necessary to establish a recreation fee
program at any area.
(f) Accountability of Funding.--The Comptroller General of
the United States shall conduct periodic audits to ensure that
amounts received under this section are fully accounted for and
not diverted to administrative overhead or other programs not
directly related to visitor services.
(g) Enforcement of Fee Collection Policies.--In accordance
with the provisions of this section, the administering
Secretaries may prescribe rules and regulations for areas under
their administration for the collection of any fee established
pursuant to this section. Persons authorized by the
administering Secretaries to enforce any such rules or
regulations issued under this section may, within areas under
the administration or authority of such administering Secretary
and with or, if the offense is committed in his presence,
without a warrant, arrest any person who violates such rules
and regulations. Any person so arrested may be tried and
sentenced by the United States magistrate specifically
designated for that purpose by the court by which he was
appointed, in the same manner and subject to the same
conditions as provided in subsections (b), (c), (d), and (e) of
section 3401 of title 18, United States Code. Any violations of
the rules and regulations issued under this subsection shall be
punishable by a fine as provided by law.
(h) Non-Federal Reservations.--The administering Secretary,
under such terms and conditions as he deems appropriate, may
contract with any public or private entity to provide visitor
reservation services. Any such contract may provide that the
contractor shall be permitted to deduct a commission to be
fixed by the agency head from the amount charged the public for
providing such services and to remit the net proceeds therefrom
to the contracting agency.
(i) Use of Volunteers For Fee Collection.--When authorized by
the administering Secretary, volunteers at designated areas may
collect fees authorized or established pursuant to this
section. The administering Secretary shall ensure that such
volunteers have adequate training for this purpose. The
administering Secretary may require a surety bond for any such
volunteer performing services under this subsection. Funds
available to the collecting agency may be used to cover the
cost of any such surety bond.
(j) Mitigation of Any Impacts of Recreational Fees on Low-
Income Individuals.--In carrying out this section, the
administering Secretaries shall implement such programs as are
necessary to ensure any impacts of recreational fees on low-
income persons are minimized. The administering Secretaries
shall determine any effects on low-income individuals of
recreation use and admission fees and shall jointly submit
recommendations to the Congress regarding actions to be taken
to resolve such impacts. Such recommendations shall be included
as part of the four-year report required to be submitted under
subsection (m)(1).
(k) Limitations on Fees.--
(1) Activities not subject to fees.--Nothing in this
section shall be construed to--
(A) authorize Federal hunting or fishing
licenses or fees;
(B) affect any rights or authority of the
States with respect to fish and wildlife;
(C) authorize the collection of fees from any
person who has a right of access for hunting or
fishing privileges under a specific provision
of law or treaty;
(D) authorize charges for commercial or other
activities not related to recreation; or
(E) authorize an admission fee or a
commercial tour fee at any area for organized
school groups on outings conducted for
educational purposes.
(2) Through travel.--No admission fee shall be
charged for travel by private, noncommercial vehicle or
commercial tour 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,
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 the area. Nor shall
any fee be charged for travel by private, noncommercial
vehicle over any road or highway to any land in which
such person has any property right if such land is
within any such designated area.
(3) Persons conducting governmental business.--No
admission fee shall be charged to persons engaged in
the conduct of official Federal, State or local
government business or to others authorized by the
administering Secretary to conduct administrative
duties within the area.
(4) Lifetime admission permits.--No admission fee
shall be charged under this section to any person who
possesses a lifetime admission permit issued under
section 4(a)(4) of this Act as in effect on the day
before the date of the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of 1996.
(l) Annual Reporting Requirements.--Reports indicating the
number and location of fee collection areas, visitor use
statistics, fees collected, and other pertinent data, shall be
coordinated and compiled by the administering Secretaries and
transmitted to the Committee on Resources of the United States
House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate. These reports
shall be transmitted annually not later than the submission of
the President's budget under section 1105 of title 31, United
States Code, and shall include any recommendations which the
Secretaries may have with respect to improving the recreation
fee program.
(m) Implementation Report; Effective Date for Fees and
Targets.--Not later than four years after the date of enactment
of the Visitor Services Improvement and Outdoor Legacy Act of
1996, the administering Secretaries shall submit reports to
Congress on the implementation of this section. Such reports
shall include the policy statement developed under subsection
(a)(2), the likely level of potential cost recovery from the
recreation fee program for each agency, the fees to be charged
under this section, and the target recreation revenue goals for
each area subject to this section. Such fees and target
recreation revenue goals shall be effective beginning with the
fifth fiscal year beginning after the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of 1996 unless
Congress enacts a joint resolution before the beginning of such
fiscal year specifying otherwise.
(n) Exemption of Fees.--Amounts collected under this section
which exceed the 1995 authorized recreation receipts shall not
be taken into account for the purposes of the Act of May 23,
1908, and the Act of March 1, 1911 (16 U.S.C. 500), the Act of
March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7
U.S.C. 1012), the Act of August 8, 1937, and the Act of May 24,
1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926 (43
U.S.C. 869-4), chapter 69 of title 31, United States Code,
section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-1-
4-460l-11), and any other provision of law relating to revenue
allocation.
(o) Authorization of Appropriations.--
(1) First 4 years.--During the first four fiscal
years beginning after the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of 1996,
there is authorized to be appropriated for a fiscal
year amounts which would have been appropriated for
that fiscal year under section 4 of the Land and Water
Conservation Fund Act of 1965, as such section was in
effect on the day before the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of
1996.
(2) Guarantee of funding enhancement beginning with
the 5th fiscal year.--(A) Effective for the fifth
fiscal year beginning after the enactment of the
Visitor Services Improvement and Outdoor Legacy Act of
1996 and thereafter, after target recreation revenue
goals are submitted to the Congress under subsection
(m), there is authorized to be appropriated for each
agency for each fiscal year an amount such that the
total funding available for visitor services from
recreational fees and appropriated amounts is not less
than 125 percent of the adjusted 1995 base amount.
(B) For the purpose of subparagraph (A), the term
``adjusted 1995 base amount'' means the amount
appropriated for visitor services for fiscal year 1995
increased or decreased for a fiscal year by the
percentage (if any) by which the average Consumer Price
Index for the preceding fiscal year exceeds the average
Consumer Price Index for fiscal year 1995. For purposes
of this subparagraph, the term ``Consumer Price Index''
means the Consumer Price Index for all-urban consumers
published by the Bureau of Labor Statistics, Department
of Labor.
----------
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1994
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
National Park Service
* * * * * * *
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 447 passenger motor
vehicles, of which 323 shall be for replacement only, including
not to exceed 345 for police-type use, 12 buses, and 5
ambulances: Provided, That none of the funds in this Act may be
used to upgrade the Burr Trail National Rural Scenic Road in
Utah except to meet health, safety and environmental concerns:
Provided further, That none of the funds appropriated to the
National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: [Provided further, That notwithstanding any other
provision of law, the National Park Service may hereafter
recover all costs of providing necessary services associated
with special use permits, such reimbursements to be credited to
the appropriation current at that time:] Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in
which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain)
from the receipt by the Speaker of the House of Representatives
and the President of the Senate of a full and comprehensive
report on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in support of
the proposed project.
* * * * * * *
----------
ACT OF AUGUST 25, 1916
CHAP. 408.--AN ACT To establish a National Park Service, and for other
purposes
* * * * * * *
Sec. 3. (a) That the Secretary of the Interior shall make and
publish such rules and regulations as he may deem necessary or
proper for the use and management of the parks, monuments, and
reservations under the jurisdiction of the National Park
Service, and any violations of any of the rules and regulations
authorized by this Act shall be punished as provided for in
section fifty of the Act entitled ``An Act to codify and amend
the penal laws of the United States,'' approved March fourth,
nineteen hundred and nine, as amended by section six of the Act
of June twenty-fifth, nineteen hundred and ten (Thirty-sixth
United States Statutes at Large, page eight hundred and fifty-
seven). He may also, upon terms and conditions to be fixed by
him, sell or dispose of timber in those cases where in his
judgment the cutting of such timber is required in order to
control the attacks of insects or diseases or otherwise
conserve the scenery or the natural or historic objects in any
such park, monument, or reservation. He may also provide in his
discretion for the destruction of such animals and of such
plant life as may be detrimental to the use of any of said
parks, monuments, or reservations. He may also grant
privileges, leases, and permits for the use of land for the
accommodation of visitors in the various parks, monuments, or
other reservations herein provided for, but for periods not
exceeding thirty years; and no natural curiosities, wonders, or
objects of interest shall be leased, rented, or granted to
anyone on such terms as to interfere with free access to them
by the public: Provided, however, That the Secretary of the
Interior may, under such rules and regulations and on such
terms as he may prescribe, grant the privilege to graze live
stock within any national park, monument, or reservation herein
referred to when in his judgment such use is not detrimental to
the primary purpose for which such park, monument, or
reservation was created, except that this provision shall not
apply to the Yellowstone National Park: And provided further,
That the Secretary of the Interior may grant said privileges,
leases, and permits and enter into contracts relating to the
same with responsible persons, firms, or corporations without
advertising and without securing competitive bids: And provided
further, That no contract, lease, permit, or privilege granted
shall be assigned or transferred by such grantees, permittees,
or licensees, without the approval of the Secretary of the
Interior first obtained in writing: And provided further, That
the Secretary may, in his discretion, authorize such grantees,
permittees, or licensees to execute mortgages and issue bonds,
shares of stock, and other evidences of interest in or
indebtedness upon their rights, properties, and franchises, for
the purposes of installing, enlarging, or improving plant and
equipment and extending facilities for the accommodation of the
public within such national parks and monuments.
(b) The Secretary shall publish regulations governing
commercial or nonrecreational special uses of units of the
National Park System for which a fee is not authorized to be
charged under section 4 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6), including (but not limited to)
such activities as filming, special athletic or sporting
events, weddings, cultural events and festivals. After adoption
of such regulations, the Secretary may retain an amount equal
to the direct administrative costs associated with issuing any
permits and managing such activities (including, but not
limited to, personnel costs, clean up costs, and other special
services) for which such permit is issued. Such amounts
retained shall be credited to the appropriation current at the
time, and may only be spent for activities directly in support
of the purposes for which the permit was issued. Such amounts
retained are authorized to remain available until expended.
* * * * * * *
----------
ACT OF SEPTEMBER 13, 1962
AN ACT To establish the Point Reyes National Seashore in the State of
California, and for other purposes
* * * * * * *
Sec. 5. (a) * * *
* * * * * * *
[(e) Notwithstanding any other provision of law, no fee or
admission charge may be levied for admission of the general
public to the seashore.]
* * * * * * *
----------
ACT OF OCTOBER 5, 1962
AN ACT To revise the boundaries of the Virgin Island National Park,
Saint John, Virgin Islands, and for other purposes
* * * * * * *
Sec. 3. (a) * * *
[(b) Notwithstanding any provision of law to the contrary, no
fee or charge shall be imposed for entrance or admission into
the Virgin Islands National Park.]
* * * * * * *
----------
ACT OF OCTOBER 27, 1972
AN ACT To establish the Golden Gate National Recreation Area in the
State of California, and for other purposes
* * * * * * *
administration
Sec. 4. (a) * * *
* * * * * * *
[(e) No fees or admission charges shall be levied for
admission of the general public to the recreation area except
to portions under lease or permit for a particular and limited
purpose authorized by the Secretary. The Secretary may
authorize reasonable charges for public transportation and for
admission to the sailing vessel Balclutha any other historic
vessels of the National Maritime Museum.]
* * * * * * *
----------
ACT OF AUGUST 18, 1978
AN ACT To authorize appropriations for certain insular areas of the
United States, and for other purposes
* * * * * * *
war in the pacific national historical park
Sec. 6. (a) * * *
* * * * * * *
[(j) Notwithstanding any provision of law to the contrary, no
fee or charge shall be imposed for entrance or admission into
the War in the Pacific National Historical Park.]
* * * * * * *
----------
ACT OF MARCH 5, 1980
AN ACT To establish the Channel Islands National Park, and for other
purposes
* * * * * * *
TITLE II
* * * * * * *
[Sec. 207. Notwithstanding any other provision of law, no
fees shall be charged for entrance or admission to the park.]
* * * * * * *
----------
ACT OF JUNE 28, 1980
AN ACT To establish the Biscayne National Park, to improve the
administration of the Fort Jefferson National Monument, to enlarge the
Valley Forge National Historical Park, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--BISCAYNE NATIONAL PARK
* * * * * * *
Sec. 106. In addition to the sums previously authorized to be
appropriated for Biscayne National Monument, there are
authorized to be appropriated such sums as may be necessary for
the administration of the park, and not to exceed $8,500,000
for the acquisition of lands and interests therein, as provided
in this title. [Notwithstanding any other provision of law, no
fees shall be charged for entrance or admission to the park.]
* * * * * * *
TITLE II--FORT JEFFERSON NATIONAL MONUMENT
* * * * * * *
Sec. 204. There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this title.
[Notwithstanding any other provisions of law, no fees shall be
charged for entrance or admission to the monument.]
* * * * * * *
----------
ACT OF OCTOBER 10, 1980
AN ACT To establish the Martin Luther King, Junior, National Historic
Site in the State of Georgia, and for other purposes
* * * * * * *
[Sec. 5. Notwithstanding any other provision of law, no fees
shall be charged for entrance or admission to the national
historic site or the preservation district established by this
Act.]
* * * * * * *
----------
ACT OF JUNE 19, 1987
AN ACT To prohibit the imposition of an entrance fee at the Statue of
Liberty National Monument, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That,
notwithstanding any other provision of law, after the date of
enactment of this Act, the Secretary of the Interior shall not
charge any entrance or admission fee at the Statue of Liberty
National Monument, New Jersey and New York.]
DISSENTING VIEWS ON H.R. 2107--RECREATION FEES
We do not support H.R. 2107 in its present form. We believe
the majority has undermined what could and should be bipartisan
legislation, similar to that approved on a bipartisan basis by
the committee in the last Congress. While there is room to
increase Federal recreation fees as a means to enhance the
management of Federal lands, the bill in its present form goes
too far.
At the height of the summer recreation season, when tens of
millions of Americans most enjoy their national parks and other
public lands, this legislation proposes massive changes in fee
structures that are financially unfair to seniors, families and
children, and overly generous to private business that operate
in our parks.
We are concerned with the scope and nature of fees to be
charged; the proposed fees impact on senior citizens, families
and other recreational users; as well as how agencies would be
funded under what is a convoluted authorization of
appropriations. We are especially disturbed by the fact that
while recreational users of our Federal lands are being asked
to bear an increased financial burden for the management of
these lands, the same is not being asked of the many subsidized
individuals, businesses, and industries whose consumptive use
of Federal lands have far more impact.
We are troubled by the inconsistent manner in which the
majority is applying recreation fees. Under this bill, the
prohibition on charging admission fees will be repealed for
some national parks, while other parks will be allowed to
maintain such a prohibition. Further, despite the committee's
clear legislative jurisdiction on recreation fees at Corps of
Engineers [COE] sites, the majority abdicated the committee's
jurisdiction. In doing so, it is setting up an unfair situation
whereby recreation fees for the identical use of Federal
facilities differ solely because such facilities are located on
COE-administered lands rather than all the other Federal lands
covered by the bill.
The majority's decision to eliminate the Golden Age
Passport for senior citizens is manifestly unfair. Many of
those who will be most impacted by this change in policy are
those who can likely least afford it. Despite the stereotype,
senior citizens in Winnebagos and campers are the exception
rather than the rule. The stark fact is that senior citizens
have a high poverty rate.
We supported an alternative that would have permitted
seniors to purchase the passport at less than the full price
required by this legislation while placing reasonable
restrictions on the use of the Golden Age Passport. We believe
these reforms to be far more reasonable than outright repeal of
the passport.
We also strongly oppose the majority's imposition of new
entrance fees on children. Current law provides free admission
to those 16 years of age or less. We believe this policy to be
pro-children and pro-family. Many talk about our parks as
classrooms but now the majority wants kids to pay to attend
class.
How much additional revenue can the majority expect to
squeeze out of children? Our national shrines and the national
heritage embodied in our public lands provide an exceptional
and unique place in which to instill a solid value system in
our children. We should be encouraging this, not hindering it.
It is unfortunate that the majority that proposes
substantial increases in park fees--at the height of the summer
recreation season--has been unwilling even to hold a hearing on
H.R. 721, to reduce the generous subsidies corporations receive
from the use of public resources. It is regrettable that the
majority apparently believes that only private citizens, not
timber, mining, and other corporations that profit from the
resources of this Nation, should be called upon to pay more.
We are also disappointed that the majority put no dollar
limit on the fees that can be charged. While we support
reasonable admission fees, we do not accept the notion that
such fees should be unlimited, which will interfere with public
access and the reasons for which the parks were created in the
first place. It will be a sad day when families and other
visitors have to look in their wallets to see if they can
afford to use our great system of national parks, forests, and
public lands, in which they, the public, share ownership.
We want to be able to support a fair and reasonable
recreation fee program. We voted for the substitute offered by
Mr. Richardson, which was the text of the bipartisan recreation
fee legislation that the committee reported in the 103d
Congress with the support of the administration. It is nearly
identical to the recreation fee legislation that the Senate
adopted last fall.
Rather than moving a bill that does not have broad support,
we hope that the House will support amendments to ensure that
we have a fair and reasonable recreation fee program that we
can all support.
George Miller.
Maurice Hinchey.
Dale E. Kildee.
Bruce F. Vento.
Edward J. Markey.
Sam Gejdenson.
Bill Richardson.
A P P E N D I X
----------
Committee on Transportation and Infrastructure,
House of Representatives,
Washington, DC, March 26, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Don: It has come to my attention, that during your
Committee's markup of H.R. 2107, the ``Visitor Services
Improvement and Outdoor Legacy Act of 1996,'' questions were
raised by members of your committee challenging assertions that
the portion of the amendment that would alter recreation user
fees assessed at Army Corps of Engineers (Corps) water
resources projects would be within the jurisdiction of the
Committee on Transportation and Infrastructure. The purpose of
this letter is to provide you with the backbround material that
you might require to fully respond to these questions.
The issue of recreational user fees at Corps projects is
one that has traditionally been, and continues to be, one of
great importance to me personally and to the Committee on
Transportation and Infrastructure. This committee and its
predecessor, the Committee on Public Works and Transportation,
has traditionally given a great deal of scrutiny to any
proposal that would have the effect of raising user fees at
Corps projects.
Any proposal by the Resources Committee that could result
in a change in recreation user fees at Corps projects would
force me to seek a sequential referral for both substantive and
jurisdictional reasons. Given the past jurisdictional
determinations by the House Parliamentarian relating to Section
4 of the Land and Water Conservation Fund Act, I am confident
that the Committee on Transportation and Infrastructure would
receive a sequential referral. For example, our Committee
jurisdiction in these matters was recognized consistently
during consideration of omnibus budget reconciliation
legislation in 1993.
In an effort to help facilitate consideration of the bill
by the full House and to address my substantive and
jurisdictional concerns, I propose that the Resource Committee
reconsider the amendment that was jointly developed by our
respective staffs and offered but withdrawn by you at your
recent markup of H.R. 2107 and that we work together to resolve
jurisdictional issues with an exchange of letters. If you have
any questions or comments or if I may be of further assistance
please do not hesitate to contact me. I look forward to
resolving this important matter in a mutually acceptable
manner.
With kind personal regards, I remain
Sincerely,
Bud Shuster, Chairman.
----------
Committee on Transportation and Infrastructure,
House of Representatives,
Washington, DC, April 30, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The purpose of this letter is to clarify
jurisdictional issues related to H.R. 2107, the ``Visitor
Services Improvement and Outdoor Legacy Act of 1996.'' I
greatly appreciate that the Committee on Transportation and
Infrastructure's substantive concerns were addressed during the
Committee on Resources' consideration of this legislation and
your willingness to address these issues.
The Committee on Transportation and Infrastructure has
jurisdiction over the civil works programs of the Corps of
Engineers. The issue of recreation user fees at Corps projects
is one that has traditionally been, and continues to be, of
great importance to me personally and to the Committee on
Transportation and Infrastructure. This committee and its
predecessor, the Committee on Public Works and Transportation,
have traditionally given a great deal of scrutiny to any
proposal that would affect user fees at Corps projects.
As introduced, H.R. 2107 would have changed recreational
user fees charged at Corps of Engineers civil works projects.
The Committee reported version of H.R. 2107 includes clarifying
language in section 5 that user fees at Corps of Engineers
civil works projects would be treated as they are under current
law; that is, they would not be affected by the changes to
other programs made by the bill.
Because the amendment to section 5 of H.R. 2107 retains
current law regarding the imposition of user fees at Army Corps
civil works projects, I do not intend to seek a sequential
referral of this legislation. Your assistance and that of your
staff in resolving the outstanding issues related to this
legislation is greatly appreciated.
With kind personal regards, I remain
Sincerely,
Bud Shuster, Chairman.
----------
Committee on Resources,
House of Representatives,
Washington, DC, May 6, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Washington,
DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2107, the Visitor Services Improvement and Outdoor Legacy Act
of 1995. You are correct that the bill as reported will
continue the existing recreational fee collection system for
Army Corps of Engineers civil works projects and I appreciate
your willingness to waive a sequential referral of the bill
based on this understanding.
Thank you again for your cooperation on this matter and I
look forward to working with you in the future on issues which
affect both of our Committees. I will be pleased to include
your letter and this response in the Committee report on H.R.
2107.
Sincerely,
Don Young, Chairman.
----------
Committee on Agriculture,
House of Representatives,
Washington, DC, July 23, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a copy of H.R.
2107 the ``Visitor Services Improvement and Outdoor Legacy Act
of 1996'' as ordered reported by your Committee, and
acknowledging the Committee on Agriculture's right to a
sequential referral.
As you know, H.R. 2107 as amended does in fact affect fees
within National Forest System units not created from public
domain that are within the jurisdiction of this Committee.
However, in the interest of expediting consideration of H.R.
2107, I do not intend to request a sequential referral of the
bill to the Committee on Agriculture. This action is not
intended to waive this Committee's jurisdiction over this
matter, and should this legislation go to conference, this
Committee reserves the right to request to be included as
conferees on any provision within the Committee on
Agriculture's jurisdiction in the event of a House-Senate
conference on this bill or its Senate equivalent.
Once again, I appreciate your cooperation in this matter
and look forward to working with you on matters of shared
jurisdiction between our respective committees.
Sincerely,
Pat Roberts, Chairman.