[Senate Report 110-350]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 782
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-350

======================================================================



 
                     VETERANS EAGLE PARKS PASS ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 617]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 617) to make the National Parks and 
Federal Recreational Lands Pass available at a discount to 
certain veterans, having considered the same, reports favorably 
thereon with an amendment and an amendment to the title and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Public Land Military Pass Act''.

SEC. 2. NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS FOR ELIGIBLE 
                    INDIVIDUALS.

  Section 805(b) of division J of the Consolidated Appropriations Act, 
2005 (16 U.S.C. 6804(b)), is amended by adding at the end the 
following:
          ``(3) Cost to eligible individuals.--
                  ``(A) In general.--The Secretary shall make the 
                National Parks and Federal Recreational Lands Pass 
                available, at a cost of $10 (subject to the same rate 
                of increase as the regular cost of the National Parks 
                and Federal Recreational Lands Pass), to any individual 
                determined to be eligible under subparagraph (C).
                  ``(B) Term.--A National Parks and Federal 
                Recreational Lands Pass issued under this paragraph 
                shall be valid for 1 year after the date of issuance of 
                the pass.
                  ``(C) Proof of eligibility.--The Secretary, after 
                consultation with the Secretary of Veterans Affairs and 
                the Secretary of Defense, shall determine the 
                appropriate documentation that a veteran or an active 
                duty or reserve member of the United States Armed 
                Forces shall provide as proof that the veteran or 
                member is eligible for the discount available under 
                this paragraph.''.
    2. Amend the title so as to read: ``A bill to make the 
National Parks and Federal Recreational Lands Pass available at 
a discount to military personnel.''.

                                Purpose

    As ordered reported, the purpose of S. 617 is to require 
the Secretary of the Interior to issue a discounted annual 
``America the Beautiful: National Parks and Federal Lands 
Pass'' to any active duty, reserve member, or veteran of the 
U.S. Armed Forces, for an annual cost of $10.

                          Background and Need

    The Federal Lands Recreation Enhancement Act (16 U.S.C. 
6801 note) was enacted in 2004 and provides fee authority for 
the Federal land management agencies. The Act establishes an 
annual pass, known as the ``America the Beautiful--The National 
Parks and Federal Recreational Lands Pass,'' which entitles the 
holder to unlimited admission to Federal fee areas administered 
by the Department of the Interior and the Forest Service. The 
pass costs $80 for 2008, an increase from the $65 ``Golden 
Eagle Passport'' it replaced.
    In addition, the Federal Land Recreation Enhancement Act 
authorizes two lifetime passes, both modeled on similar passes 
under previous fee authorities. The first, known as the 
``Senior Pass,'' which replaced the former ``Golden Age 
Passport,'' provides lifetime admissions to fee areas for 
persons age 62 and older for a one-time cost of $10. The 
second, known as an ``Access Pass,'' replaced the former 
``Golden Access Passport,'' and provides lifetime admission to 
fee areas for persons with permanent disabilities, at no cost.
    In recognition of their service to their country, S. 617 
would authorize active duty, reserve members, and veterans of 
the United States Armed Forces to receive the ``America the 
Beautiful--The National Parks and Federal Recreational Lands 
Pass'' for an annual fee of $10, a significant discount from 
the $80 selling price. Veterans over the age of 62 are already 
eligible for the ``Senior Pass.''

                          Legislative History

    S. 617 was introduced by Senator Smith on February 15, 
2007. The bill is cosponsored by Senators Domenici, Craig, 
Landrieu, Cantwell, Isakson, Coleman, Burr, Hutchison, Salazar, 
Wyden, Chambliss, Collins, Murkowski, Stevens, and Brown. A 
similar bill, H.R. 5452, was introduced in the 109th Congress. 
The Subcommittee on National Parks held a hearing on the bill 
on July 12, 2007. (S. Hrg. 110-158.) At its business meeting on 
May 7, 2008, the Committee on Energy and Natural Resources 
ordered S. 617 favorably reported, with an amendment in the 
nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 617, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 617, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title. As introduced, S. 617 only provided a discounted 
annual pass for veterans of the U.S. Armed Forces. The 
substitute amendment expanded the class of eligible individuals 
to include active duty and reserve members of the Armed Forces. 
The amendment also authorizes the Secretary of the Interior, in 
consultation with the Secretary of Defense and the Secretary of 
Veterans Affairs, to determine the appropriate documentation 
required as proof of eligibility. The amendment is explained in 
detail in the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Public Land 
Military Pass Act''.
    Section 2 amends the Federal Lands Recreation Enhancement 
Act to require the Secretary of the Interior to make the 
National Parks and Federal Recreational Lands Pass available at 
an annual cost of $10, subject to periodic increases, to 
veterans or active duty or reserve members of the United States 
Armed Forces. The Secretary of the Interior, in consultation 
with the Secretary of Defense and the Secretary of Veterans 
Affairs, is authorized to determine the appropriate 
documentation required as proof of eligibility.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 617--Public Land Military Pass Act

    Summary: S. 617 would allow veterans, active-duty military 
personnel, and reservists to purchase National Parks and 
Federal Recreational Lands Passes for $10 a year. Such passes 
currently sell for $80 and can be used for admission to (or use 
of) recreation areas managed by the Department of the Interior 
(DOI) or the Forest Service.
    CBO estimates that enacting the bill would increase net 
direct spending by a total of $20 million over the 2009-2018 
period. Enacting S. 617 would not affect revenues. In addition, 
CBO estimates that implementing S. 617 would result in 
additional discretionary costs of about $20 million over the 
2009-2018 period, assuming appropriation of the necessary 
amounts.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 617 is shown in the following table. The 
effects of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2009    2010    2011    2012    2013    2014    2015    2016    2017    2018   2009-2013  2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Forgone Receipts from Fees:
    Estimated Budget Authority....................      25      25      25      25      25      25      25      25      25      25       125        250
    Estimated Outlays.............................      25      25      25      25      25      25      25      25      25      25       125        250
Effect on Spending of Recreation Fees:
    Estimated Budget Authority....................     -25     -25     -25     -25     -25     -25     -25     -25     -25     -25      -125       -250
    Estimated Outlays.............................     -11     -20     -24     -25     -25     -25     -25     -25     -25     -25      -105       -230
Net Change in Direct Spending:
    Estimated Budget Authority....................       0       0       0       0       0       0       0       0       0       0         0          0
    Estimated Outlays.............................      14       5       1       0       0       0       0       0       0       0        20         20

                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.....................       2       2       2       2       2       2       2       2       2       2        10         20
Estimated Outlays.................................       2       2       2       2       2       2       2       2       2       2        10         20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: Under S. 617, eligible individuals would 
be able to purchase a $10 annual pass that would entitle them 
to admission to or use of recreation areas managed by DOI or 
the Forest Service. Federal land management agencies such as 
the National Park Service (NPS) and the Forest Service 
currently charge $80 for such passes. The agencies also offer 
site-specific annual passes, at prices ranging between $10 and 
$50, as well as daily entrance or service rates, which can be 
as much as $25 per vehicle. In total, those agencies collect 
more than $250 million a year from recreation fees.
    Providing annual passes to recreation areas at a discounted 
rate would affect the federal budget. The magnitude of any 
change in offsetting receipts (and associated spending) would 
depend on several factors, including the number of eligible 
individuals who currently visit federal recreation areas, the 
types of fees (such as annual or per-visit), if any, that they 
currently pay, and the number of individuals who would take 
advantage of the discounted passes.
    Assuming that the 14 million veterans and other eligible 
individuals use federal recreation areas as often as the 
general population of Americans, we estimate that about 1.4 
million people would purchase the discounted pass rather than 
buy other annual passes or pay daily fees. (The number of 
eligible individuals using parks could increase as a result of 
the rate discount, but CBO expects that the change would be 
small.) As a result, we estimate that the net change in 
offsetting receipts from recreation area fees would be a 
reduction of about $250 million over the 2009-2018 period. Most 
of the loss (about $20 million a year) would be incurred by the 
NPS, primarily from reductions in daily fee collections.
    Spending of recreation fees (which are available for 
expenditure without further appropriation) also would fall as a 
result of the bill, but more slowly than receipts, because some 
of that spending generally lags fee collections by a year or 
more. Based on typical spending patterns for recreation 
projects, CBO estimates that direct spending from fees would 
fall by about $230 million over the 2009-2018 period under the 
bill. Thus, we estimate that enacting S. 617 would increase net 
direct spending over the 10-year period by $20 million.
    Based on information provided by the affected agencies, CBO 
estimates that DOI and the Forest Service would spend about $2 
million a year to administer the new pass program. That amount 
would include annual costs to produce and ship the new passes 
to recreation areas and up-front costs to establish standards 
for eligibility.
    Intergovernmental and private-sector impact: S. 617 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: MarDestinee Perez.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 617. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 617, as ordered reported.

                   Congressionally Directed Spending

    S. 617, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
July 12, 2007, Subcommittee hearing on S. 617 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 617, the Veterans 
Eagle Parks Pass Act. The legislation would require the 
Secretaries of the Interior and Agriculture to make the 
National Parks and Federal Recreational Lands Pass available at 
a cost of $10 to any veteran separated from military service 
under conditions other than dishonorable.
    In the 108th Congress, Congress enacted the Federal Lands 
Recreation Enhancement Act (Public Law 108-447) (REA), a major 
overhaul of the fee system that governs the National Park 
System, the National Wildlife Refuge System, the National 
Forest System, certain public lands administered by the Bureau 
of Land Management, and recreational lands administered by the 
Bureau of Reclamation.
    Our federal lands provide Americans and visitors from 
around the world special places for recreation, education, 
reflection, and solace. Public lands and waters managed by the 
Department of the Interior hosted over 470 million recreation 
visits. Ensuring that the federal lands continue to play this 
important role in American life and culture requires that we 
maintain visitor facilities and services and enhance visitor 
opportunities. Such efforts require a source of funding with 
which we can quickly respond to increases in visitor demand. 
Recreation fee revenues are a critical source of such 
supplemental funding that significantly enhance our efforts to 
address the deferred maintenance backlog at our National Parks, 
better manage other federal lands, and respond quickly to 
changes in visitation levels and service requirements.
    REA established a new multi-agency America the Beautiful--
National Parks and Federal Recreational Lands Pass (the new 
pass) to cover entrance fees for NPS and FWS and standard 
amenity recreation fees for BLM, Forest Service, and BOR, 
generally for a period of 12 months. Sales of the new passes 
began in January 2007 after an extensive interagency planning 
process. The new passes are more convenient to purchase, are 
more durable, and are designed with a collectible image of 
public lands. All new passes are now available to the public at 
thousands of interagency field sites. Annual passes, brochures, 
hangtags and decals also are available via the internet, by 
calling a toll free phone number and through select third-party 
vendors. Revenue from the sale of the new passes is used to 
improve visitor services and protect resources.
    As the Congress considered establishing the new pass, 
discussion occurred about which groups of people might be 
eligible for discounted passes. At one time, legislation was 
introduced to provide free passes to all September 11, 2001 
responders and their families. Other groups have also been 
suggested as potential groups to be considered for discounts. 
However, at that time, a decision was made ultimately by 
Congress to offer a discounted pass to senior citizens and a 
free lifetime pass to U.S. citizens or persons who permanently 
reside in the United States and who have a medical 
determination and documentation of blindness or permanent 
disability, including disabled veterans. We agree with this 
approach.
    Veterans have made tremendous contributions to this 
country, and we honor their service. Many National Park System 
units, including all of the memorials within the District of 
Columbia and the USS Arizona Memorial in Hawaii do not charge 
fees as required by law. Many other parks and National Wildlife 
Refuges, as well as most BLM and U.S. Forest Service locations 
do not charge fees.
    In 2006, in lieu of establishing a discount pass for 
Veterans, the Department of the Interior established an 
entrance fee-free day for all veterans and their accompanying 
family members on Veterans Day each year. We would like to 
extend the entrance fee-free day to all active duty military 
personnel and their family members, effective November 11, 
2007, and on each subsequent Veterans Day as an additional way 
to recognize them and thank them for their service. We 
understand the Secretary of Agriculture supports adopting this 
same policy with regard to standard amenity recreation fee 
sites managed by the U.S. Forest Service. We believe this is an 
appropriate way to honor all those who have served and are 
currently providing military service to our country without 
creating a precedent for carving out exceptions to the Federal 
Lands Recreation Enhancement Act, which was carefully developed 
to provide a comprehensive approach to fee management.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 617 as ordered 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):

                           Public Law 108-447


AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 2005, and 
                           for other purposes

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

(Approved December 8, 2004)

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

    This act may be cited as the ``Consolidated Appropriations 
Act, 2005''.

           *       *       *       *       *       *       *


     DIVISION E.--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *



             VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT


SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Federal 
Lands Recreation Enhancement Act''.

           *       *       *       *       *       *       *


SEC. 805. 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.
          (3) Cost to eligible individuals.--
                  (A) In general.--The Secretary shall make the 
                National Parks and Federal Recreational Lands 
                Pass available, at a cost of $10 (subject to 
                the same rate of increase as the regular cost 
                of the National Parks and Federal Recreational 
                Lands Pass), to any individual determined to be 
                eligible under subparagraph (C).
                  (B) Term.--A National Parks and Federal 
                Recreations Lands Pass issued under this 
                paragraph shall be valid for 1 year after the 
                date of issuance of the pass.
                  (C) Proof of eligibility.--The Secretary, 
                after consultation with the Secretary of 
                Veterans Affairs and the Secretary of Defense, 
                shall determine the appropriate documentation 
                that a veteran or an active duty or reserve 
                member of the United States Armed Forces shall 
                provide as proof that the veteran or member is 
                eligible for the discount available under this 
                paragraph.

                                  
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