[House Report 108-790]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-790
HOUSE OF REPRESENTATIVES
2d Session Part 1
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FEDERAL LANDS RECREATION ENHANCEMENT ACT
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November 19, 2004.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3283]
The Committee on Resources, to whom was referred the bill
(H.R. 3283) to improve recreational facilities and visitor
opportunities on Federal recreational lands by reinvesting
receipts from fair and consistent recreational fees and passes,
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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Lands
Recreation Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Recreation fee authority.
Sec. 4. Public participation.
Sec. 5. Recreation passes.
Sec. 6. Cooperative agreements.
Sec. 7. Special account and distribution of fees and revenues.
Sec. 8. Expenditures.
Sec. 9. Reports.
Sec. 10. Sunset provision.
Sec. 11. Volunteers.
Sec. 12. Enforcement and protection of receipts.
Sec. 13. Repeal of superseded admission and use fee authorities.
Sec. 14. Relation to other laws and fee collection authorities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Standard amenity recreation fee.--The term ``standard
amenity recreation fee'' means the recreation fee authorized by
section 3(f).
(2) Expanded amenity recreation fee.--The term ``expanded
amenity recreation fee'' means the recreation fee authorized by
section 3(g).
(3) Entrance fee.--The term ``entrance fee'' means the
recreation fee authorized to be charged to enter onto lands
managed by the National Park Service or the United States Fish
and Wildlife Service.
(4) Federal land management agency.--The term ``Federal land
management agency'' means the National Park Service, the United
States Fish and Wildlife Service, the Bureau of Land
Management, the Bureau of Reclamation, or the Forest Service.
(5) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' means lands or waters
managed by a Federal land management agency.
(6) National parks and federal recreational lands pass.--The
term ``National Parks and Federal Recreational Lands Pass''
means the interagency national pass authorized by section 5.
(7) Passholder.--The term ``passholder'' means the person who
is issued a recreation pass.
(8) Recreation fee.--The term ``recreation fee'' means an
entrance fee, standard amenity recreation fee, expanded amenity
recreation fee, or special recreation permit fee.
(9) Recreation pass.--The term ``recreation pass'' means the
National Parks and Federal Recreational Lands Pass or one of
the other recreation passes available as authorized by section
5.
(10) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
(B) the Secretary of Agriculture, with respect to the
Forest Service.
(11) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture
acting jointly.
(12) Special account.--The term ``special account'' means the
special account established in the Treasury under section 7 for
a Federal land management agency.
(13) Special recreation permit fee.--The term ``special
recreation permit fee'' means the fee authorized by section
3(h).
SEC. 3. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005 and
thereafter, the Secretary may establish, modify, charge, and collect
recreation fees at Federal recreational lands and waters as provided
for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be established
in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate
with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of
recreation fees on recreation users and recreation service
providers.
(3) The Secretary shall consider comparable fees charged
elsewhere and by other public agencies and by nearby private
sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate
Recreation Resource Advisory Committee, as provided in section
4(c).
(6) The Secretary shall consider such other factors or
criteria as determined appropriate by the Secretary.
(c) Special Considerations.--The Secretary shall establish the
minimum number of recreation fees and shall avoid the collection of
multiple or layered recreation fees for similar uses, activities, or
programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or services.--
The Secretary shall not charge any standard amenity recreation
fee or expanded amenity recreation fee for Federal recreational
lands and waters administered by the Bureau of Land Management,
the Forest Service, or the Bureau of Reclamation under this Act
for any of the following:
(A) Solely for parking, undesignated parking, or
picnicking along roads or trailsides.
(B) For general access unless specifically authorized
under this section.
(C) For dispersed areas with low or no investment
unless specifically authorized under this section.
(D) For persons who are driving through, walking
through, boating through, horseback riding through, or
hiking through Federal recreational lands and waters
without using the facilities and services.
(E) For camping at undeveloped sites that do not
provide a minimum number of facilities and services as
described in subsection subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over
any national parkway or any road or highway established
as a part of the Federal-aid System, as defined in
section 101 of 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
any unit or area at which recreation fees are charged
under this Act.
(H) For travel by private, noncommercial vehicle,
boat, or aircraft over any road or highway, waterway,
or airway to any land in which such person has any
property right if such land is within any unit or area
at which recreation fees are charged under this Act.
(I) For any person who has a right of access for
hunting or fishing privileges under a specific
provision of law or treaty.
(J) For any person who is engaged in the conduct of
official Federal, State, or local government business.
(K) For special attention or extra services necessary
to meet the needs of the disabled.
(2) Treatment of entities paying certain fees.--An entity
that pays a special recreation permit fee or similar permit fee
shall not be subject to additional fees, other than a cost
recovery fee associated with the special recreation permit fee
or similar permit fee or a road cost-sharing fee charged under
another law, for the use of highways or roads open to private
noncommercial use within the exterior boundaries of any Federal
recreational lands and waters.
(3) Prohibition on fees for certain persons or places.--The
Secretary shall not charge an entrance fee or standard amenity
recreation fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial educational
purposes by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park
System within the District of Columbia, or Arlington
House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky
Mountains National Park or any part thereof unless fees
are charged for entrance into that park on main
highways and thoroughfares.
(F) Entrance on units of the National Park System
containing deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (Public
Law 96-487; 16 U.S.C. 410-2), with the exception of
Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System
created, expanded, or modified by the Alaska National
Interest Lands Conservation Act (Public Law 96-487).
(I) Any person who visits a unit or area under the
jurisdiction of the United States Fish and Wildlife
Service and who has been issued a valid migratory bird
hunting and conservation stamp issued under section 2
of the Act of March 16, 1934 (16 U.S.C. 718b; commonly
known as the ``Duck Stamp Act'').
(J) Any person engaged in a nonrecreational activity
authorized under a valid permit issued under any other
Act, including a valid grazing permit.
(4) No restriction on recreation opportunities.--Nothing in
this Act shall limit the use of recreation opportunities only
to areas designated for collection of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The Secretary of the
Interior may charge an entrance fee for a unit of the National
Park System, including a national monument administered by the
National Park Service, or for a unit of the National Wildlife
Refuge System.
(2) Prohibited sites.--The Secretary shall not charge an
entrance fee for Federal recreational lands and waters managed
by the Bureau of Land Management, the Bureau of Reclamation, or
the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by subsection
(d), the Secretary may charge a standard amenity recreation fee for
Federal recreational lands and waters under the jurisdiction of the
Bureau of Land Management, the Bureau of Reclamation, or the Forest
Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that
provides a broad range of interpretive services, programs, and
media.
(4) An area--
(A) that provides significant opportunities for
outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS and usfws authority.--Except as limited by subsection
(d), the Secretary of the Interior may charge an expanded
amenity recreation fee, either in addition to an entrance fee
or by itself, at Federal recreational lands and waters under
the jurisdiction of the National Park Service or the United
States Fish and Wildlife Service when the Secretary of the
Interior determines that the visitor uses a specific or
specialized facility, equipment, or service.
(2) Other federal land management agencies.--Except as
limited by subsection (d), the Secretary may charge an expanded
amenity recreation fee, either in addition to a standard
amenity fee or by itself, at Federal recreational lands and
waters under the jurisdiction of the Forest Service, the Bureau
of Land Management, or the Bureau of Reclamation, but only for
the following facilities or services:
(A) Use of developed campgrounds that provide at
least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee
or agent of the Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a
campfire.
(B) Use of highly developed boat launches with
specialized facilities or services such as mechanical
or hydraulic boat lifts or facilities, multi-lane paved
ramps, paved parking, restrooms and other improvements
such as boarding floats, loading ramps, or fish
cleaning stations.
(C) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites,
audio tour devices, portable sanitation devices,
binoculars or other equipment.
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive program
or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or first-aid
services are administered from facilities staffed by
public employees or employees under a contract or
reciprocal agreement with the Federal Government.
(J) Use of developed swimming sites that provide at
least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) Special Recreation Permit Fee.--The Secretary may charge a
special recreation permit fee for uses such as group activities,
recreation events, motorized recreation vehicle use, and other
specialized recreation uses of Federal recreational lands and waters.
SEC. 4. PUBLIC PARTICIPATION.
(a) In General.--As required in this section, the Secretary shall
provide the public with opportunities to participate in the development
of or changing of a recreation fee established under this Act.
(b) Advance Notice.--The Secretary shall publish a notice in the
Federal Register of the establishment of a new recreation fee area for
each agency 6 months before establishment. The Secretary shall publish
notice of a new recreation fee or a change to an existing recreation
fee established under this Act in local newspapers and publications
located near the site at which the recreation fee would be established
or changed.
(c) Public Involvement.--Before establishing any new recreation fee
area, the Secretary shall provide opportunity for public involvement
by--
(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will demonstrate
on an annual basis how they have provided information to the
public on the use of recreation fee revenues; and
(3) publishing the guidelines in paragraphs (1) and (2) in
the Federal Register.
(d) Recreation Resource Advisory Committee.--
(1) Establishment.--
(A) Authority to establish.--Except as provided in
subparagraphs (C) and (D), the Secretary shall
establish a Recreation Resource Advisory Committee in
each State or region for the Forest Service and the
Bureau of Land Management to advise the Secretary, as
described in paragraph (2), regarding the establishment
of a standard amenity recreation fee or expanded
amenity recreation fee.
(B) Number of committees.--The Secretary may have as
many additional Recreation Resource Advisory Committees
in a State or region as the Secretary considers
necessary for the effective operation of this Act.
(C) Exception.--The Secretary shall not establish a
Recreation Resource Advisory Committee in a State if
the Secretary determines, in consultation with the
Governor of the State, that sufficient interest does
not exist to ensure that participation on the Committee
is balanced in terms of the points of view represented
and the functions to be performed.
(D) Use of other entities.--In lieu of establishing a
Recreation Resource Advisory Committee under
subparagraph (A), the Secretary may use a Resource
Advisory Committee established pursuant to another
provision of law and in accordance with that law or a
recreation fee advisory board otherwise established by
the Secretary to perform the duties specified in
paragraph (2).
(2) Duties.--A Recreation Resource Advisory Committee may
make suggestions and recommendations to the Secretary--
(A) related to public concerns in the State or region
covered by the Committee;
(B) concerning the implementation of a recreation
fee, the elimination of a recreation fee, or the
establishment of a specific recreation fee site in the
State or region covered by the Committee; and
(C) concerning the expansion and limitations of the
recreation fee program to new areas and concerning the
fee to be charged, provided that the Committee can
document general public support for such a change.
(3) Meetings.--A Recreation Resource Advisory Committee shall
meet at least annually, but may, at the discretion of the
Secretary, meet as often as needed to deal with citizen
concerns about the recreation fee program in a timely manner.
(4) Notice of denial.--If the Secretary denies the
recommendation of a Recreation Resource Advisory Committee, the
Secretary shall issue a notice that identifies the reasons for
rejecting the recommendations to the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate not later than 30 days before
the Secretary implements a decision pertaining to that
recommendation.
(5) Composition of the advisory committee.--
(A) Number.--A Recreation Resource Advisory Committee
shall be comprised of 11 members.
(B) Nominations.--The Governor and the designated
county official from each county in the relevant State
may submit a list of nominations in the categories
described under subparagraph (D).
(C) Appointment.--The Secretary may appoint members
of the Recreation Resource Advisory Committee from the
list as provided in subparagraph (B).
(D) Broad and balanced representation.--In appointing
the members of a Recreation Resource Advisory
Committee, the Secretary shall provide for a balanced
and broad representation from the recreation community
that shall include the following:
(i) Five persons who represent recreation
users and that include, as appropriate, persons
representing the following:
(I) Winter motorized recreation, such
as snowmobiling.
(II) Winter non-motorized recreation,
such as snowshoeing, cross country and
down hill skiing, and snowboarding.
(III) Summer motorized recreation,
such as motorcycles, boaters, and off-
highway vehicles.
(IV) Summer nonmotorized recreation,
such as backpacking, horseback riding,
mountain biking, canoeing, and rafting.
(V) Hunting and fishing.
(ii) Three persons who represent interest
groups that include, as appropriate, the
following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and
guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to
represent the State.
(II) A person who represents affected
Indian tribes.
(III) A person who represents
affected local government interests.
(6) Term.--
(A) Length of term.--The Secretary shall appoint the
members of a Recreation Resource Advisory Committee for
staggered terms of two and three years beginning on the
date of the members are first appointed. The Secretary
may reappoint members to subsequent two- or three-year
terms.
(B) Effect of vacancy.--The Secretary shall make
appointments to fill a vacancy on a Recreation Resource
Advisory Committee as soon as practicable after the
vacancy has occurred.
(C) Effect of unexpected vacancy.--Where an
unexpected vacancy occurs, the Governor and the
designated county officials from each county in the
relevant state shall provide the Secretary with a list
of nominations in the relevant category, as described
under paragraph (5)(D), not later than two months after
notification of the vacancy. To the extent possible, a
vacancy shall be filled in the same category and term
in which the original appointment was made.
(7) Chairperson.--The chairperson of a Recreation Resource
Advisory Committee shall be selected by the majority vote of
the members of the Committee.
(8) Quorum.--Eight members shall constitute a quorum. A
quorum must be present to constitute an official meeting of a
Recreation Resource Advisory Committee.
(9) Approval procedures.--A Recreation Resource Advisory
Committee shall establish procedures for making recommendations
to the Secretary. A recommendation may be submitted to the
Secretary only if the recommendation is approved by a majority
of the members of the Committee from each of the categories
specified in paragraph (5)(D) and general public support for
the recommendation is documented.
(10) Compensation.--Members of the Recreation Resource
Advisory Committee shall not receive any compensation.
(11) Public participation in the recreation resource advisory
committee.--
(A) Notice of meetings.--All meetings of a Recreation
Resource Advisory Committee shall be announced at least
one week in advance in a local newspaper of record and
the Federal Register, and shall be open to the public.
(B) Records.--A Recreation Resource Advisory
Committee shall maintain records of the meetings of the
Recreation Resource Advisory Committee and make the
records available for public inspection.
(12) Federal advisory committee act.--A Recreation Resource
Advisory Committee is subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
(e) Miscellaneous Administrative Provisions Regarding Recreation Fees
and Recreation Passes.--
(1) Notice of entrance fees, standard amenity recreation
fees, and passes.--The Secretary shall post clear notice of any
entrance fee, standard amenity recreation fee, and available
recreation passes at appropriate locations in each unit or area
of a Federal land management agency where an entrance fee or a
standard amenity recreation fee is charged. The Secretary shall
include such notice in publications distributed at the unit or
area.
(2) Notice of recreation fee projects.--To the extent
practicable, the Secretary shall post clear notice of locations
where work is performed using recreation fee or recreation pass
revenues collected under this Act.
SEC. 5. RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall establish,
and may charge a fee for, an interagency national pass to be
known as the ``America the Beautiful--the National Parks and
Federal Recreational Lands Pass'', which shall cover the
entrance fee and standard amenity recreation fee for all
Federal recreational lands and waters for which an entrance fee
or a standard amenity recreation fee is charged.
(2) Image competition for recreation pass.--The Secretaries
shall hold an annual competition to select the image to be used
on the National Parks and Federal Recreational Lands Pass for a
year. The competition shall be open to the public and used as a
means to educate the American people about Federal recreational
lands and waters.
(3) Notice of establishment.--The Secretaries shall publish a
notice in the Federal Register when the National Parks and
Federal Recreational Lands Pass is first established and
available for purchase.
(4) Duration.--The National Parks and Federal Recreational
Lands Pass shall be valid for a period of 12 months from the
date of the issuance of the recreation pass to a passholder,
except in the case of the age and disability discounted passes
issued under subsection (b).
(5) Price.--The Secretaries shall establish the price at
which the National Parks and Federal Recreational Lands Pass
will be sold to the public.
(6) Sales locations and marketing.--
(A) In general.--The Secretary shall sell the
National Parks and Federal Recreational Lands Pass at
all Federal recreational lands and waters at which an
entrance fee or a standard amenity recreation fee is
charged and at such other locations as the Secretaries
consider appropriate and feasible.
(B) Use of vendors.--The Secretary may enter into fee
management agreements as provided in section 6.
(C) Marketing.--The Secretaries shall take such
actions as are appropriate to provide for the active
marketing of the National Parks and Federal
Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries shall issue
guidelines on administration of the National Parks and Federal
Recreational Lands Pass, which shall include agreement on
price, the distribution of revenues between the Federal land
management agencies, the sharing of costs, benefits provided,
marketing and design, adequate documentation for age and
disability discounts under subsection (b), and the issuance of
that recreation pass to volunteers. The Secretaries shall take
into consideration all relevant visitor and sales data
available in establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the development
and implementation of the National Parks and Federal
Recreational Lands Pass Program.
(9) Prohibition on other national recreation passes.--The
Secretary may not establish any national recreation pass,
except as provided in this section.
(b) Discounted Passes.--
(1) Age discount.--The Secretary shall make the National
Parks and Federal Recreational Lands Pass available, at a cost
of $10.00, to any United States citizen or person domiciled in
the United States who is 62 years of age or older, if the
citizen or person provides adequate proof of such age and such
citizenship or residency. The National Parks and Federal
Recreational Lands Pass made available under this subsection
shall be valid for the lifetime of the pass holder.
(2) Disability discount.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass available,
without charge, to any United States citizen or person
domiciled in the United States who has been medically
determined to be permanently disabled for purposes of section
7(20)(B)(i)of the Rehabilitation Act of 1973 (29 U.S.C.
705(20)(B)(i)), if the citizen or person provides adequate
proof of the disability and such citizenship or residency. The
National Parks and Federal Recreational Lands Pass made
available under this subsection shall be valid for the lifetime
of the passholder.
(c) Site-Specific Agency Passes.--The Secretary may establish and
charge a fee for a site-specific pass that will cover the entrance fee
or standard amenity recreation fee for particular Federal recreational
lands and waters for a specified period not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish and
charge a fee for a regional multientity pass that will be
accepted by one or more Federal land management agencies or by
one or more governmental or nongovernmental entities for a
specified period not to exceed 12 months. To include a Federal
land management agency or governmental or nongovernmental
entity over which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such agency
or entity.
(2) Regional multientity pass agreement.--In order to
establish a regional multientity pass under this subsection,
the Secretary shall enter into a regional multientity pass
agreement with all the participating agencies or entities on
price, the distribution of revenues between participating
agencies or entities, the sharing of costs, benefits provided,
marketing and design, and the issuance of the pass to
volunteers. The Secretary shall take into consideration all
relevant visitor and sales data available when entering into
this agreement.
(e) Discounted or Free Admission Days or Use.--The Secretary may
provide for a discounted or free admission day or use of Federal
recreational lands and waters.
(f) Effect on Existing Passports and Permits.--
(1) Existing passports.--A passport issued under section 4 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a) or title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995), such as
the Golden Eagle Passport, the Golden Age Passport, the Golden
Access Passport, and the National Parks Passport, that was
valid on the day before the publication of the Federal Register
notice required under subsection (a)(3) shall be valid in
accordance with the terms agreed to at the time of issuance of
the passport, to the extent practicable, and remain in effect
until expired, lost, or stolen.
(2) Permits.--A permit issued under section 4 of the Land and
Water Conservation Fund Act of 1965 that was valid on the day
before the date of the enactment of this Act shall be valid and
remain in effect until expired, revoked, or suspended.
SEC. 6. COOPERATIVE AGREEMENTS.
(a) Fee Management Agreement.--Notwithstanding chapter 63 of title
31, United States Code, the Secretary may enter into a fee management
agreement, including a contract, that can provide for reasonable
commission, reimbursement, or discount, with any governmental or
nongovernmental entity, including those in a gateway community, to
provide a fee collection and processing service, including visitor
reservation services, emergency medical services, the sale of passes,
or marketing. An agreement under this subsection with a governmental
entity may also provide for the provision of law enforcement services.
(b) Revenue Sharing.--A State or legal subdivision that enters into
an agreement with the Secretary under subsection (a) may share in a
percentage of the revenues collected at the site in accordance with
that fee management agreement.
(c) County Proposals.--The Secretary shall consider any proposal to
provide a fee collection and processing service under subsection (a)
submitted by a county. If the Secretary decides not to enter into a fee
management agreement with the county under subsection (a), the
Secretary shall notify the county in writing of the decision,
identifying the reasons for the decision. The fee management agreement
may include cooperative site planning and management provisions.
SEC. 7. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.
(a) Special Account.--The Secretary of the Treasury shall establish a
special account in the Treasury for each Federal land management
agency.
(b) Deposits.--Subject to subsections (c), (d), and (e), revenues
collected by each Federal land management agency under this Act shall--
(1) be deposited in its special account; and
(2) remain available for expenditure, without further
appropriation, until expended.
(c) Distribution of Recreation Fees and Single-Site Agency Pass
Revenues.--
(1) Local distribution of funds.--
(A) Retention of revenues.--Not less than 80 percent
of the recreation fees and agency pass revenues
collected at a specific unit or area of a Federal land
management agency shall remain available for
expenditure, without further appropriation, until
expended at that unit or area.
(B) Reduction.--The Secretary may reduce the
percentage allocation otherwise applicable under
subparagraph (A) to a unit or area of a Federal land
management agency, but not below 60 percent, for a
fiscal year if the Secretary determines that the
revenues collected at the unit or area exceed the
reasonable needs of the unit or area for which
expenditures may be made for that fiscal year.
(2) Agency-wide distribution of funds.--The balance of the
recreation fees and site-specific agency pass revenues
collected at a specific unit or area of a Federal land
management and not distributed in accordance with paragraph (1)
shall remain available to that Federal land management agency
for expenditure on an agency-wide basis, without further
appropriation, until expended.
(3) Other amounts.--Other amounts collected at other
locations, including recreation fees collected by other
entities or through a reservation service, shall remain
available, without further appropriation, until expended in
accordance with guidelines established by the Secretary.
(d) Distribution of National Parks and Federal Recreational Lands
Pass Revenues.--Revenues collected from the sale of the National Parks
and Federal Recreational Lands Pass shall be deposited in the special
accounts established for the Federal land management agencies in
accordance with the guidelines issued under section 5(a)(7).
(e) Distribution of Regional Multientity Pass Revenues.--Revenues
collected from the sale of a regional multientity pass authorized under
section 5(d) shall be deposited in each participating Federal land
management agency's special account in accordance with the terms of the
multientity agreement for the regional multientity pass.
SEC. 8. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts available for
expenditure at a specific site or area--
(1) shall be accounted for separately from the amounts
collected;
(2) may be distributed agency-wide; and
(3) shall be used only for--
(A) repair, maintenance, and facility enhancement
related directly to visitor enjoyment, visitor access,
and health and safety;
(B) interpretation, visitor information, visitor
service, visitor needs assessments, and signs;
(C) habitat restoration directly related to wildlife-
dependant recreation that is limited to hunting,
fishing, wildlife observation, or photography;
(D) law enforcement related to public use and
recreation; and
(E) direct operating or capital costs associated with
the recreation fee program.
(b) Limitation on Use of Fees.--The Secretary may not use any
recreation fees for biological monitoring on Federal recreational lands
and waters under the Endangered Species Act of 1973 for listed or
candidate species.
(c) Administration, Overhead, and Indirect Costs.--The Secretary may
use not more than an average of 15 percent of total revenues collected
under this Act for administration, overhead, and indirect costs related
to the recreation fee program by that Secretary.
(d) Transitional Exception.--Notwithstanding any other provision of
this Act, the Secretary may use amounts available in the special
account of a Federal land management agency to supplement
administration and marketing costs associated with--
(1) the National Parks and Federal Recreational Lands Pass
during the five-year period beginning on the date the joint
guidelines are issued under section 5(a)(7); and
(2) a regional multientity pass authorized section 5(d)
during the five-year period beginning on the date the regional
multientity pass agreement for that recreation pass takes
effect.
SEC. 9. REPORTS.
Not later than May 1, 2006, and every three years thereafter, the
Secretary shall submit to the Congress a report detailing the status of
the recreation fee program conducted for Federal recreational lands and
waters, including an evaluation of the recreation fee program, examples
of projects that were funded using such fees, and future projects and
programs for funding with fees, and containing any recommendations for
changes in the overall fee system.
SEC. 10. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall terminate
10 years after the date of the enactment of this Act.
SEC. 11. VOLUNTEERS.
(a) Authority to Use Volunteers.--The Secretary may use volunteers,
as appropriate, to collect recreation fees and sell recreation passes.
(b) Waiver or Discount of Fees; Site-Specific Agency Pass.--In
exchange for volunteer services, the Secretary may waive or discount a
recreation fee that would otherwise apply to the volunteer or issue to
the volunteer a site-specific agency pass authorized under section
5(c).
(c) National Parks and Federal Recreational Lands Pass.--In
accordance with the guidelines issued under section 5(a)(7), the
Secretaries may issue a National Parks and Federal Recreational Lands
Pass to a volunteer in exchange for significant volunteer services
performed by the volunteer.
(d) Regional Multientity Passes.--The Secretary may issue a regional
multientity pass authorized under section 5(d) to a volunteer in
exchange for significant volunteer services performed by the volunteer,
if the regional multientity pass agreement under which the regional
multientity pass was established provides for the issuance of the pass
to volunteers.
SEC. 12. ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) Enforcement Authority.--The Secretary concerned shall enforce
payment of the recreation fees authorized by this Act.
(b) Evidence of Nonpayment.--If the display of proof of payment of a
recreation fee, or the payment of a recreation fee within a certain
time period is required, failure to display such proof as required or
to pay the recreation fee within the time period specified shall
constitute nonpayment.
(c) Joint Liability.--The registered owner and any occupant of a
vehicle charged with a nonpayment violation involving the vehicle shall
be jointly liable for penalties imposed under this section, unless the
registered owner can show that the vehicle was used without the
registered owner's express or implied permission.
(d) Limitation on Penalties.--The failure to pay a recreation fee
established under this Act shall be punishable as a Class A or Class B
misdemeanor, except that in the case of a first offense of nonpayment,
the fine imposed may not exceed $100, notwithstanding section 3571(e)
of title 18, United States Code.
SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.
(a) Land and Water Conservation Fund Act.--Subsections (a), (b), (c),
(d), (e), (f), (g), and (i) of section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et seq.) are repealed,
except that the Secretary may continue to issue Golden Eagle Passports,
Golden Age Passports, and Golden Access Passports under such section
until the date the notice required by section 5(a)(3) is published in
the Federal Register regarding the establishment of the National Parks
and Federal Recreational Lands Pass.
(b) Recreational Fee Demonstration Program.--Section 315 of the
Department of the Interior and Related Agencies Appropriations Act,
1996 (as contained in section 101(c) of Public Law 104-134; 16 U.S.C.
460l-6a), is repealed.
(c) Admission Permits for Refuge Units.--Section 201 of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.
(d) National Park Passport, Golden Eagle Passport, Golden Age
Passport, and Golden Access Passport.--Effective on the date the notice
required by section 5(a)(3) is published in the Federal Register, the
following provisions of law authorizing the establishment of a national
park passport program or the establishment and sale of a national park
passport, Golden Eagle Passport, Golden Age Passport, or Golden Access
Passport are repealed:
(1) Section 502 of the National Parks Omnibus Management Act
of 1998 (Public Law 105-391; 16 U.S.C. 5982).
(2) Title VI of the National Parks Omnibus Management Act of
1998 (Public Law 105-391; 16 U.S.C. 5991-5995).
(e) Treatment of Unobligated Funds.--
(1) Land and water conservation fund special accounts.--
Amounts in the special accounts established under section
4(i)(1) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a(i)(1)) for Federal land management agencies that
are unobligated on the date of the enactment of this Act shall
be transferred to the appropriate special account established
under section 7 and shall be available to the Secretary in
accordance with this Act. A special account established under
section 4(i)(1) of the Land and Water Conservation Fund Act of
1965 for a Federal agency that is not a Federal land management
area, and the use of such special account, is not affected by
the repeal of section 4 of the Land and Water Conservation Fund
Act of 1965 by subsection (a) of this section.
(2) National parks passport.--Any funds collected under title
VI of the National Parks Omnibus Management Act of 1998 (Public
Law 105-391; 16 U.S.C. 5991-5995) that are unobligated on the
day before the publication of the Federal Register notice
required under section 5(a)(3) shall be transferred to the
special account of the National Park Service for use in
accordance with this Act. The Secretary of the Interior may use
amounts available in that special account to pay any
outstanding administration, marketing, or close-out costs
associated with the national parks passport.
(3) Recreational fee demonstration program.--Any funds
collected in accordance with section 315 of the Department of
the Interior and Related Agencies Appropriations Act, 1996 (as
contained in section 101(c) of Public Law 104-134; 16 U.S.C.
460l-6a), that are unobligated on the day before the date of
the enactment of this Act shall be transferred to the
appropriate special account and shall be available to the
Secretary in accordance with this Act.
(4) Admission permits for refuge units.--Any funds collected
in accordance with section 201 of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3911) that are available as
provided in subsection (c)(A) of such section and are
unobligated on the day before the date of the enactment of this
Act shall be transferred to the special account of the United
States Fish and Wildlife Service for use in accordance with
this Act.
(f) Effect of Regulations.--A regulation or policy issued under a
provision of law repealed by this section shall remain in effect to the
extent such a regulation or policy is consistent with the provisions of
this Act until the Secretary issues a regulation, guideline, or policy
under this Act that supersedes the earlier regulation.
SEC. 14. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.
(a) Federal and State Laws Unaffected.--Nothing in this Act shall
authorize Federal hunting or fishing licenses or fees or charges for
commercial or other activities not related to recreation, affect any
rights or authority of the States with respect to fish and wildlife, or
repeal or modify any provision of law that permits States or political
subdivisions of States to share in the revenues from Federal lands or,
except as provided in subsection (b), any provision of law that
provides that any fees or charges collected at particular Federal areas
be used for or credited to specific purposes or special funds as
authorized by that provision of law.
(b) Relation to Revenue Allocation Laws.--Amounts collected under
this Act may not be taken into account for the purposes of any of the
following laws:
(1) The sixth paragraph under the heading ``Forest service''
in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500;
commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading ``Forest
service'' in the Act of March 4, 1913 (16 U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1012).
(5) Title II of the Act of August 8, 1937, and the Act of May
24, 1939 (43 U.S.C. 1181f et seq.).
(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s;
commonly known as the Refuge Revenue Sharing Act).
(9) The Secure Rural Schools and Community Self-Determination
Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), except
that the exception made for such Act by this subsection is
unique and is not intended to be construed as precedent for
amounts collected from the use of Federal lands under any other
provision of law.
(10) Section 2 of the Boulder Canyon Project Adjustment Act
(43 U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16 U.S.C.
460l-12 et seq.).
(12) The first section of the Act of June 17, 1902, as
amended or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.;
commonly known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901
note).
(15) Section 5(a) of the Lincoln County Land Act of 2000
(Public Law 106-298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue
allocation.
(c) Consideration of Other Funds Collected.--Amounts collected under
any other law may not be disbursed under this Act.
(d) Sole Recreation Fee Authority.--Recreation fees charged under
this Act shall be in lieu of fees charged for the same purposes under
any other provision of law.
(e) Fees Charged by Third Parties.--Notwithstanding any other
provision of this Act, a third party may charge a fee for providing a
good or service to a visitor of a unit or area of the Federal land
management agencies in accordance with any other applicable law or
regulation.
(f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp
established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp
Act), shall not be covered by this Act.
Purpose of the Bill
The purpose of H.R. 3283 is to improve recreational
facilities and visitor opportunities on federal recreational
lands by reinvesting receipts from fair and consistent
recreational fees and passes, and for other purposes.
Background and Need for Legislation
Congress authorized, via the Fiscal Year 1996 Interior
Appropriations Act (Section 315 of Public Law 104-134), the
implementation of the Recreation Fee Demonstration Program
(``Fee Demo Program''). The program provides the National Park
Service (NPS), the Bureau of Land Management (BLM), the U.S.
Department of Agriculture Forest Service (USFS), and the U.S.
Fish and Wildlife Service (FWS) with the authority to test a
variety of new fees and to retain the majority of the revenue
raised for local management purposes. Prior to the Fee Demo
Program, several different statues gave the agencies authority
to collect fees. The difference between the Fee Demo Program
and other fee authorities is that Fee Demo provides the
agencies with the flexibility to test different types of fees
and retain most of the revenue at the site where the fee was
collected. The program allows 80% of the revenues to be
retained in the unit where they are collected. The other 20% of
the revenue is sent back to the General Treasury and is used on
an agency-wide basis under the discretion of the appropriate
Secretary. To date, over $900 million in Fee Demo funds have
been collected by the agencies.
The primary objectives for all the agencies was to raise
revenues to eliminate the backlog of deferred maintenance,
increase the quality and quantity of visitor services, provide
critical resource protection, and meet other high-priority
needs. Congress recognized that the program was primarily
developed in response to the land management agencies' concern
over their growing backlog maintenance needs. Backlogged
maintenance and infrastructure needs for these agencies is
substantial, and estimates reach into the billions of dollars.
At the beginning of Fiscal Year (FY) 2002, NPS had 233 Fee
Demo projects; FWS had 104 projects; BLM had 100 projects; and
USFS had 92 projects under the program. Because one of the
major goals of the Fee Demo program was to delegate
responsibility for spending fee revenues to project and site
managers, discretion in establishing priority and guidelines
for the allocation and spending of revenue has largely been
entrusted to these managers. All of the agencies currently
participating in the program have guidelines in place to govern
the Fee Demo projects. After evaluating the Fee Demo Program,
the agencies found that fees are a very useful revenue raising
tool. Over $175 million dollars were collected in FY 2002 under
the Fee Demo program. Fee demo revenues have increased in the
BLM, have held steady in the FWS and the USFS, while declining
slightly for the NPS. A majority of approved revenue projects
address the backlog of deferred maintenance.
A major concern with implementing the Fee Demo Program was
the possibility of creating an unreasonable barrier to public
use. The agencies have concluded that fees do not present such
a barrier to public use. Visitation to recreation sites
participating in the Fee Demo Program appears unaffected in any
significant way due to the implementation of new fees. The
total visitors to Fee Demo sites in FY 2002 was 252 million for
Department of the Interior sites. Research indicates that new
fees altered a very small percentage of visitation decisions
across the full spectrum of income levels, as recreation fees
are such a small part of the overall expense for a visit to a
recreation site that indeed, they play almost no role in the
decision-making process. In response to concerns that the fees
create barriers to public use, mitigation measures such as
providing reasonably priced annual passes and free days have
been put in place.
Undoubtedly, the visitor experience is paramount, and one
of the main purposes of H.R. 3283 and the Fee Demo Program is
to enhance the visitor experience by investing fees in
improving recreation opportunities. The agencies continue to
improve how quickly recreation fee revenues for projects are
approved and obligated. Further, they track obligations by
project category using a four-category sorting system. These
project categories include: visitor services, resource
protection, health and safety maintenance, and other. In FY
2002, $159 million of Fee Demo revenues were obligated for
projects within these categories. The aggregate of all four
agency collection costs since the program's inception have
averaged approximately 20%. In some cases, the agencies agree
that collection efficiency needs to be increased. However,
concluded that, high collection costs which occur at particular
locations, does not mean that costs are not appropriate.
H.R. 3283 would implement a permanent federal recreation
fee collection system for recreation opportunities intended to
enhance visitor experience by investing fees in improving
recreation opportunities and technology. The legislation would
direct the Secretaries of the Interior and Agriculture to
establish fair and equitable recreation fees at areas of
substantial agency investment. The Secretaries would be
directed to take into consideration the cost and benefit to the
federal government as well as the visitor. H.R. 3283 would
authorize three fees--``Basic'' recreation fee, ``Expanded''
recreation fee, and ``Special'' recreation fee--and includes
specific restrictions to ensure that any established fee would
be for managed recreation purposes that contain substantial
federal investment for the visitor.
The legislation was drafted to encourage streamlining,
simplifying and improving the recreation fee program and the
interagency National Pass Program. To fulfill this purpose of
the bill, the proposed legislation introduces the ``America the
Beautiful--The National Parks and Federal Recreational Lands
Pass Program.'' The ``America the Beautiful Pass'' would cover
any basic recreation fee at all units or areas for which a
basic recreation fee is charged, the price being set jointly by
the Secretaries. The Pass would be provided to citizens 62
years or older for ten dollars and would be provided free of
charge to any citizen permanently disabled.
The bill also affords the Secretaries the ability to
jointly enter into cooperative agreements with government and
non-governmental entities for the development and
implementation of the National Parks and Federal Lands Pass
Program. Congress intended the Fee Demo program to encourage
collaboration within federal agencies and among federal and
non-federal entities. In November 1998 the General Accounting
Office reported that there were a number of instances where
agencies had implemented collaborative approaches to collecting
fees that resulted in greater convenience to the public and
improved efficiency to the agencies. The public benefits from
collaborative efforts that minimize multiple fees, or allow
visitors to pay asingle fee or coordinate fee arrangements for
entrance into adjacent recreation areas operated by different agencies
or levels of government.
Committee Action
H.R. 3283 was introduced on October 8, 2003, by Congressman
Ralph Regula (R-OH). The bill was primarily referred to the
Committee on Resources, and additionally to the Committee on
Agriculture. Within the Committee on Resources, the bill was
referred to the Subcommittees on National Parks, Recreation and
Public Lands; Forest and Forest Health; Fisheries Conservation,
Wildlife and Oceans; and Water and Power. On May 6, 2004, the
Subcommittee on National parks, Recreation and Public Lands
held a hearing on the bill. On September 22, 2004, the Full
Resources Committee met to consider the bill. The Subcommittees
all were discharged from further consideration of the bill by
unanimous consent. Congressman Richard Pombo (R-CA) offered an
amendment in the nature of a substitute that made a number of
changes to the original text.
First, the amendment clarified where a fee may and may not
be charged while also establishing types of fees. This section
was overly prescriptive to alleviate concerns of those who no
longer trust certain federal land management agencies with the
recreation fee authority. For example, the amendment made clear
that the USFS and the BLM will not be permitted to charge
solely for parking, scenic pullouts, and other non-developed
areas while the NPS and the FWS may continue to charge an
entrance fee.
Second, the amendment added a new section of the bill that
would establish Recreation Advisory Committees (or RACs), which
would ensure public participation in the decision making
process when it comes to recreation fees and sites. These RACs
would be composed of a balanced and broad representation from
the recreation community as well as local government. The RACs
would make recommendations to the relevant Secretary regarding
the establishment, elimination, or adjustment of a fee. Should
the Secretary not accept a RAC's recommendation, the Secretary
must issue a notice identifying the reasons for rejection to
the Resources Committee no later than 30 days before
implementing a decision.
Third, the amendment would consolidate passes, creating a
federal lands pass that would cover any entrance fee and
standard amenity fee charged at a recreational site. There
would be no change to the current age or disability discounted
pass program. The Secretary would also have the authority to
develop site-specific or regional multientity passes.
Fourth, for those jurisdictions that contain national
forests, the amendment addressed those instances where 25% of
the fees collected are to be granted to the counties in which
the national forest is located. The amendment allows counties
to petition the Secretary of Agriculture to enter into a fee
management agreement and requires the Secretary to respond in
writing if the offer is not accepted.
Finally, the amendment clarifies the expenditures of the
bill by making clear that fees collected are limited to very
specific purposes that directly benefit the visitor. No funds
under the bill, for example, could be used for any biological
monitoring on federal recreational lands under the Endangered
Species Act for listed or candidate species. The amendment
authorizes the fee authority for ten years.
Congressman Rick Renzi (R-AZ) offered an amendment to the
Pombo amendment in the nature of a substitute. The Renzi
amendment would prohibit the Secretaries from charging a
standard or expanded amenity fee to persons horseback riding
through federal lands administered by BLM or USFS without using
the facilities or services. The amendment was adopted by
unanimous consent.
No further amendments were offered. The Pombo amendment in
the nature of a substitute, as amended, was adopted by voice
vote. The bill, as amended, was ordered favorably reported to
the House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. The Committee on Resources
believes that enactment of this bill would not alter the
existing budgetary impact of recreational fees charged in
connection with federal public lands by a significant amount
given the existing program.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures. The
bill will provide for the collection of fees, resulting in
revenue to the United States. The bill also authorizes the
direct expenditure of a portion of these fees by the charging
agencies.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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):
SECTION 4 OF THE LAND AND WATER CONSERVATION FUND ACT OF 1965
[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.
[(C) Units at Which Entrance Fees or Admissions Fees Cannot
Be Collected.--
[(i) Withholding of amounts.--Notwithstanding
subparagraph (A), section 315(c) of section 101(c) of
the Omnibus Consolidated Recessions and Appropriations
Act of 1996 (16 U.S.C. 460l-6a note; Public Law 104-
134), or section 107 of the Department of the Interior
and Related Agencies Appropriations Act, 1998 (16
U.S.C. 460l-6a note; Public Law 105-83), the Secretary
of the Interior shall withhold from the special account
under subparagraph (A) 100 percent of the fees and
charges collected in connection with any unit of the
National Park System at which entrance fees or
admission fees cannot be collected by reason of deed
restrictions.
[(ii) Use of amounts.--Amounts withheld under clause
(i) shall be retained by the Secretary and shall be
available, without further Act of appropriation, for
expenditure by the Secretary for the unit with respect
to which the amounts were collected for the purposes of
enhancing the quality of the visitor experience,
protection of resources, repair and maintenance,
interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation
(including fee collection), maintenance, and law
enforcement.
[(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.]
* * * * * * *
----------
SECTION 315 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1996
[Sec. 315. Recreational Fee Demonstration Program.--(a) The
Secretary of the Interior (acting through the Bureau of Land
Management, the National Park Service and the United States
Fish and Wildlife Service) and the Secretary of Agriculture
(acting through the Forest Service) shall each implement a fee
program to demonstrate the feasibility of user-generated cost
recovery for the operation and maintenance of recreation areas
or sites and habitat enhancement projects on Federal lands.
[(b) In carrying out the pilot program established pursuant
to this section, the appropriate Secretary shall select from
areas under the jurisdiction of each of the four agencies
referred to in subsection (a) areas, sites or projects for fee
demonstration. For each such demonstration, the Secretary,
notwithstanding any other provision of law--
[(1) shall charge and collect fees for admission to
the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services by
individuals and groups, or any combination thereof;
[(2) shall establish fees under this section based
upon a variety of cost recovery and fair market
valuation methods to provide a broad basis for
feasibility testing, including the provision of
discounted or free admission or use as the Secretary
considers appropriate;
[(3) may contract, including provisions for
reasonable commissions, with any public or private
entity to provide visitor services, including
reservations and information, and may accept services
of volunteers to collect fees charged pursuant to
paragraph (1);
[(4) may encourage private investment and
partnerships to enhance the delivery of quality
customer services and resource enhancement, and provide
appropriate recognition to such partners or investors;
and
[(5) may assess a fine of not more than $100 for any
violation of the authority to collect fees for
admission to the area or for the use of outdoor
recreation sites, facilities, visitor centers,
equipment, and services.
[(c)(1) Amounts collected at each fee demonstration area,
site or project shall be distributed as follows:
[(A) Eighty percent to a special account in the
Treasury for use without further appropriation, by the
agency which administers the site, to remain available
for expenditure in accordance with paragraph (2)(A).
[(B) Twenty percent to a special account in the
Treasury for use without further appropriation, by the
agency which administers the site, to remain available
for expenditure in accordance with paragraph (2)(B).
[(C) For agencies other than the Fish and Wildlife
Service and the National Park Service, up to 15% of
current year collections of each agency, but not
greater than fee collection costs for that fiscal year,
to remain available for expenditure without further
appropriation in accordance with paragraph (2)(C).
[(D) For agencies other than the Fish and Wildlife
Service, the balance to the special account established
pursuant to subparagraph (A) of section 4(i)(1) of the
Land and Water Conservation Fund Act, as amended.
[(E) For the Fish and Wildlife Service, the balance
shall be available to the Secretary of the Interior
until expended to be used in accordance with clauses
(i), (ii), and (iii) of section 201(c)(A) of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C.
3911(c)(A)).
[(2)(A) Expenditures from site specific special funds shall
be for further activities of the area, site or project from
which funds are collected, and shall be accounted for
separately.
[(B) Expenditures from agency specific special funds shall be
for use on an agency-wide basis and shall be accounted for
separately.
[(C) Expenditures from the fee collection support fund shall
be used to cover fee collection costs in accordance with
section 4(i)(1)(B) of the Land and Water Conservation Fund Act,
as amended: Provided, That funds unexpended and unobligated at
the end of the fiscal year shall not be deposited into the
special account established pursuant to section 4(i)(1)(A) of
said Act and shall remain available for expenditure without
further appropriation.
[(D) None of the funds collected under this section may be
used to plan, design, or construct a visitor center or any
other permanent structure without prior approval of the
Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate if the estimated
total cost of the structure exceeds $500,000.
[(3) In order to increase the quality of the visitor
experience at public recreational areas and enhance the
protection of resources, amounts available for expenditure
under this section may only be used for the area, site or
project concerned, for backlogged repair and maintenance
projects (including projects relating to health and safety) and
for interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation (including fee
collection), maintenance, and law enforcement relating to
public use. The agencywide accounts may be used for the same
purposes set forth in the preceding sentence, but for areas,
sites or projects selected at the discretion of the respective
agency head.
[(d)(1) Amounts collected under this section 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), the
Secure Rural Schools and Community Self-Determination Act of
2000 (Public Law 106-393; 16 U.S.C. 500 note), and any other
provision of law relating to revenue allocation.
[(2) Fees charged pursuant to this section shall be in lieu
of fees charged under any other provision of law.
[(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgating
regulations.
[(f) The authority to collect fees under this section shall
end on December 31, 2005. Funds in accounts established shall
remain available through September 30, 2008.]
----------
SECTION 201 OF THE EMERGENCY WETLANDS RESOURCES ACT OF 1986
[SEC. 201. SALE OF ADMISSION PERMIT AT CERTAIN REFUGE UNITS.
[(a) Sale of Admission Permits.--(1) Notwithstanding the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4
et seq.), in order to provide additional revenues for the
conservation of wetland resources of the Nation and for the
operation and maintenance of refuges--
[(A) the Secretary of the Interior may, at units of
the National Wildlife Refuge System designated by the
Secretary under paragraph (2)--
[(i) charge fees for admission permits;
[(ii) sell Golden Eagle passports and Golden
Age passports;
[(iii) issue at no charge lifetime admission
permits as authorized in section 4(a)(5) of the
Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-4-4601-11);
[(B) the amounts collected by the Secretary as a
result of the activities described in subparagraph (A)
shall be distributed as provided in subsection (c).
[(2) The Secretary shall designate a unit of the National
Wildlife Refuge System for purposes of this Act if the
Secretary determines, with respect to such unit, that--
[(A) The level of visitation for recreational
purposes is high enough to justify the collection of
fees for admission permits for economic reasons.
[(B) There is a practical mechanism in existence for
implementing and operating a system of collecting fees
for admission permits.
[(C) Imposition of a fee for admission permits is not
likely to result in undue economic hardship for a
significant number of visitors to the unit.
[(b) Exceptions.--(1) The Secretary may not require an
admission permit under subsection (a)(1) for entry by a person
into a designated unit if such person is the holder of--
[(A) a valid migratory bird hunting and conservation
stamp issued under section 2 of the Act of March 16,
1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp
Act);
[(B) a valid Golden Eagle Passport issued under
section 4(a)(1) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 4601-6a(a)(1));
[(C) a valid Golden Age Passport issued under section
4(a)(4) of such Act; or
[(D) a valid lifetime admission permit as authorized
in section 4(a)(5) of such Act.
[(2) Permits for a single visit to any designated unit
shall be made available by the Secretary of the Interior for a
reasonable fee, but not to exceed $3 for individuals or $7.50
per vehicle. For purposes of this subsection, the term ``single
visit'' means a more or less continuous stay within a
designated unit by a person or group described in subsection
(d). Payment of a single visit fee and issuance of a single
visit permit shall authorize exits from and re-entries to a
single designated unit for a period of from one to fifteen
days. Such period shall be defined for each designated unit by
the Secretary based upon a determination of the period of time
reasonably and ordinarily necessary for such a single visit.
[(3) Special admission permits for uses such as group
activities may be issued in accordance with procedures and at
fees established by the Secretary.
[(4) A person may not be required to purchase an admission
permit under subsection (a)(1) in order to travel by private
noncommercial vehicle over any road or highway--
[(A)(i) established as part of the National Federal
Aid System (as defined in section 101 of title 23,
United States Code); and
[(ii) commonly used by the public as a means of
travel between two places which are outside the
designated unit; or
[(B) to any land in which such person has a property
interest if such land is within any designated unit.
[(5) A person may not be required to purchase an admission
permit under subsection (a)(1) for entrance or admission to a
unit of the National Wildlife Refuge System created, expanded,
or modified by Public Law 96-487.
[(c) Distribution of Amounts Collected.--Amounts collected
from the sale of admission permits under this section and from
fees collected at any unit of the National Wildlife Refuge
System under subsections (b) and (c) of section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 4601--6a
(b), (c)) shall be distributed as follows:
[(A) Thirty per centum shall be available to the
Secretary of the Interior until expended. The Secretary
shall use such amount--
[(i) first, to defray the cost of collection;
[(ii) next, for operation and maintenance of
the collecting unit; and
[(iii) next, for operation and maintenance of
all units within the National Wildlife Refuge
System, except those units created, expanded,
or modified by Public Law 96-487.
[(B) Seventy percent shall be deposited into the
migratory bird conservation fund established under
section 4 of the Act of March 16, 1934 (16 U.S.C.
718d).
[(d) Persons Accompanying Permittees.--A person who holds a
stamp, passport, or permit described in subsection (b) shall be
entitled to general entrance into any designated unit, along
with--
[(1) any persons accompanying such person in a
single, private, noncommercial vehicle; or
[(2) where entry to the area is by any means other
than single, private, noncommercial vehicle, the person
and any accompanying spouse, children, or parents.
[(e) Restrictions.--A permit issued under this section is
nontransferable. Such a permit may not authorize any uses for
which fees are charged under the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601-4 et seq.).
[(f) Establishment of Fees; Posting of Notices.--(1) All
fees established pursuant to this section shall be fair and
equitable. In establishing such fees, the Secretary shall
consider the following:
[(A) The direct and indirect cost to the Government.
[(B) The benefits to the permit holder.
[(C) The public policy or interest served.
[(D) The comparable fees charged by non-Federal
public agencies.
[(E) The economic and administrative feasibility of
fee collection and other pertinent factors.
[(2) The Secretary shall require that notice that a fee has
been established under this section--
[(A) be prominently posted at each designated unit
and at appropriate locations in each such unit; and
[(B) to the extent practicable, be included in
publications distributed at such units.
[(g) Volunteers.--The Director of the United States Fish
and Wildlife Service may accept services of volunteers to sell
admission permits under this section or to sell Golden Eagle
and Golden Age Passports or Migratory Bird Hunting and
Conservation Stamps. The Director may use funds appropriated or
otherwise made available to the Service to cover the cost of
any surety bond that may be required of a volunteer performing
the services authorized under this subsection.]
----------
NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998
* * * * * * *
TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM
* * * * * * *
[SEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.
[Not later than 6 months after the date of enactment of this
title, the Secretary of the Interior and the Secretary of
Agriculture shall enter into an agreement providing for an
apportionment among each agency of all proceeds derived from
the sale of Golden Eagle Passports by private vendors. Such
proceeds shall be apportioned to each agency on the basis of
the ratio of each agency's total revenue from admission fees
collected during the previous fiscal year to the sum of all
revenue from admission fees collected during the previous
fiscal year for all agencies participating in the Golden Eagle
Passport Program.
[TITLE VI--NATIONAL PARK PASSPORT PROGRAM
[SEC. 601. PURPOSES.
[The purposes of this title are--
[(1) to develop a national park passport that
includes a collectible stamp to be used for admission
to units of the National Park System; and
[(2) to generate revenue for support of the National
Park System.
[SEC. 602. NATIONAL PARK PASSPORT PROGRAM.
[(a) Program.--The Secretary shall establish a national park
passport program. A national park passport shall include a
collectible stamp providing the holder admission to all units
of the National Park System.
[(b) Effective Period.--A national park passport stamp shall
be effective for a period of 12 months from the date of
purchase.
[(c) Transferability.--A national park passport and stamp
shall not be transferable.
[SEC. 603. ADMINISTRATION.
[(a) Stamp Design Competition.--(1) The Secretary shall hold
an annual competition for the design of the collectible stamp
to be affixed to the national park passport.
[(2) Each competition shall be open to the public and shall
be a means to educate the American people about the National
Park System.
[(b) Sale of Passports and Stamps.--(1) National park
passports and stamps shall be sold through the National Park
Service and may be sold by private vendors on consignment in
accordance with guidelines established by the Secretary.
[(2) A private vendor may be allowed to collect a commission
on each national park passport (including stamp) sold, as
determined by the Secretary.
[(3) The Secretary may limit the number of private vendors of
national park passports (including stamps).
[(c) Use of Proceeds.--
[(1) The Secretary may use not more than 15 percent
of the revenues derived from the sale of national park
passports (including stamps) to administer and promote
the national park passport program and the National
Park System.
[(2) Net proceeds from the sale of national park
passports shall be deposited in a special account in
the Treasury of the United States and shall remain
available until expended, without further
appropriation, for high priority visitor service or
resource management projects throughout the National
Park System.
[(d) Agreements.--The Secretary may enter into cooperative
agreements with the National Park Foundation and other
interested parties to provide for the development and
implementation of the national park passport program and the
Secretary shall take such actions as are appropriate to
actively market national park passports and stamps.
[(e) Fee.--The fee for a national park passport and stamp
shall be $50.
[SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.
[The Secretary of Interior shall--
[(1) make Golden Eagle Passports issued under section
4(a)(1)(A) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a(a)(1)(A)) or the
Recreational Fee Demonstration Program authorized by
section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (section
101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note),
available to foreign visitors to the United States; and
[(2) make such Golden Eagle Passports available for
purchase outside the United States, through commercial
tourism channels and consulates or other offices of the
United States.
[SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.
[(a) Park Passport Not Required.--A national park passport
shall not be required for--
[(1) a single visit to a national park that charges a
single visit admission fee under section 4(a)(2) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(a)(2)) or the Recreational Fee Demonstration
Program authorized by section 315 of the Department of
the Interior and Related Agencies Appropriations Act,
1996 (section 101(c) of Public Law 104-134; 16 U.S.C.
460l-6a note); or
[(2) an individual who has obtained a Golden Age or
Golden Access Passport under paragraph (4) or (5) of
section 4(a) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(a)).
[(b) Golden Eagle Passports.--A Golden Eagle Passport issued
under section 4(a)(1)(A) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(a)(1)(A)) or such
Recreational Fee Demonstration Program (16 U.S.C. 460l-6a note)
shall be honored for admission to each unit of the National
Park System.
[(c) Access.--A national park passport shall provide access
to each unit of the National Park System under the same
conditions, rules, and regulations as apply to access with a
Golden Eagle Passport as of the date of enactment of this
title.
[(d) Limitations.--A national park passport may not be used
to obtain access to other Federal recreation fee areas outside
of the National Park System.
[(e) Exemptions and Fees.--A national park passport does not
exempt the holder from or provide the holder any discount on
any recreation use fee imposed under section 4(b) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b))
or such Recreational Fee Demonstration Program (16 U.S.C. 460l-
6a note).]
* * * * * * *