[Senate Report 118-179]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 395
118th Congress    }                                     {       Report
                                  SENATE
 2d Session       }                                     {      118-179

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

 
       SHASTA-TRINITY NATIONAL FOREST MARINA FEES REAUTHORIZATION

                                _______
                                

                  May 16, 2024.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3046]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3046), to make permanent the authority to 
collect Shasta-Trinity National Forest marina fees, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill, do pass.

                                Purpose

    The purpose of S. 3046 is to make permanent the authority 
of the Forest Service to collect marina fees on the Shasta-
Trinity National Forest.

                          Background and Need

    The Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2008 (Public Law 110-161) 
established a special account for marina fees to be collected 
on the Shasta-Trinity National Forest in California, and to be 
deposited and made available for the purposes of direct 
operating or capital costs associated with the issuance of a 
marina permit as well as recreation enhancement projects and 
educational programs. The authorization to collect the fees 
expired in fiscal year 2019. S. 3046 would permanently extend 
the authority for the Forest Service to collect and expend the 
marina fees collected on Shasta-Trinity National Forest.

                          Legislative History

    S. 3046 was introduced by Senator Padilla on October 16, 
2023. A related bill, H.R. 3324, was introduced in the House of 
Representatives on May 15, 2023 by Representatives Huffman and 
LaMalfa. H.R. 3324 passed the House of Representatives on 
September 13, 2023. The Subcommittee on Public Lands, Forests, 
and Mining held a hearing on S. 3046 and H.R. 3324 on October 
25, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
3046.

                      Section-by-Section Analysis


Section 1. Permanent authorization to collect Shasta-Trinity National 
        Forest Marina fees

    Section 1 amends section 422 of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 
2008 (Public Law 110-161; 121 Stat. 2149; 123 Stat. 747; 128 
Stat. 346) by removing the fiscal year 2019 sunset date, which 
permanently authorizes the Forest Service to collect and expend 
revenues marina fees on the Shasta-Trinity National Forest.

                   Cost and Budgetary Considerations

    The Congressional Budget Office's cost estimate of S. 3046 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 3046 would make permanent the authority of the 
Department of Agriculture to collect and retain marina fees at 
the Shasta-Trinity National Forest. That authority expired in 
2019 and has been extended in annual appropriation acts since 
then.
    Marina fees are recorded in the budget as offsetting 
receipts (reductions in direct spending) and are available to 
be spent without further appropriation. The fees are used by 
the Shasta-Trinity National Forest to improve access to and 
enhance the recreation area, including lake cleanup, facilities 
maintenance, and education programs. CBO estimates that 
enacting S. 3046 would increase both receipts and their 
subsequent spending; thus, the net change in direct spending 
would be negligible over the 2024-2033 period.
    On August 15, 2023, CBO transmitted a cost estimate for 
H.R. 3324, a bill to extend the authority to collect Shasta-
Trinity Marina fees through fiscal year 2029, as ordered 
reported by the House Committee on Natural Resources on June 
21, 2023. The two bills are similar, and CBO's estimated costs 
are the same for both bills.
    The CBO staff contact for this estimate is Alaina Rhee. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
for Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      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. 3046. 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. 3046, as ordered reported.

                   Congressionally Directed Spending

    S. 3046, as ordered 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 Forest Service from the 
Subcommittee on Public Lands, Forests, and Mining October 25, 
2023 hearing on S. 3046 follows:

Testimony of Jacqueline Emanuel, Associate Deputy Chief, United States 
Department of Agriculture Forest Service

           *       *       *       *       *       *       *



  s. 3046, to make permanent the authority to collect shasta-trinity 
                      national forest marina fees


    The USDA supports S. 3046, ``To make permanent the 
authority to collect Shasta-Trinity National Forest marina 
fees.'' This bill would create a permanent authority to retain 
and use fees collected from Shasta-Trinity National Forest 
marinas to fund the Shasta-Trinity National Recreation Area. 
That authority was first included in the 2008 Interior 
Appropriations Act (section 422) and has been subsequently 
reauthorized over the years to present day. Section 422 
provides that the retained funds may be used for the specified 
purposes under the Federal Lands and Recreation Enhancement Act 
and for the direct costs associated with issuance of the marina 
permit.
    Funds have been used to: meet critical health and safety 
standards; address portions of the maintenance backlog; provide 
for innovative projects (including high quality interpretive 
and environmental education programs); install and maintain 
over 300 underwater obstacle markers and 100 safety-related 
floating directional signs; establish and maintain the National 
Recreation Area Boating Safety Program; implement and 
administer the program's Marina Standards; maintain a floating 
toilet program; and construct accessible facilities to provide 
greater access for persons with disabilities. The goal of these 
projects is to meet the objectives of the National Recreation 
Area and provide recreation opportunities on site.
    The Forest Service has requested extension of this 
provision with General Provision language in their annual 
budgets.

                        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. 3046, 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):

                 CONSOLIDATED APPROPRIATIONS ACT, 2008

                           Public Law 110-161


   AN ACT Making appropriations for the Department of State, foreign 
 operations, and related programs for the fiscal year ending September 
30, 2008, and for other purposes.

           *       *       *       *       *       *       *


   DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2008

           *       *       *       *       *       *       *



TITLE IV--GENERAL PROVISIONS

           *       *       *       *       *       *       *


    Sec. 422. A permit fee collected during fiscal year 2007 
and each subsequent fiscal year [through fiscal year 2019] by 
the Secretary of Agriculture under the Act of March 4, 1915 (16 
U.S.C. 497) for a marina on the Shasta-Trinity National Forest 
shall be deposited in a special account in the Treasury 
established for the Secretary of Agriculture, and shall remain 
available to the Secretary of Agriculture until expended, 
without further appropriation, for purposes stated in section 
808(a)(3)(A-D) of title VIII of division J of Public Law 108-
447 (16 U.S.C. 6807), and for direct operating or capital costs 
associated with the issuance of a marina permit.

           *       *       *       *       *       *       *


                                  [all]