[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1839]
[Federal Register: January 28, 1994]
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DEPARTMENT OF DEFENSE
Corps of Engineers
Engineering Circular Issued by the Corps of Engineers
AGENCY: Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The purpose of this notice is to provide a copy of the
Engineering Circular (EC) 1130-2-204 to all known interested parties.
The EC provides Corps of Engineers agency policy and guidance regarding
implementation of new recreation user fee authority conferred in the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66). The
legislation authorized the Corps to charge a fee of not more than $3.00
per vehicle per day for the use of certain developed day use recreation
facilities.
FOR FURTHER INFORMATION CONTACT:
Mr. Darrell Lewis, Natural Resources Management Branch, Office of the
Chief of Engineers at (202) 272-0247.
SUPPLEMENTARY INFORMATION: The five appendices to the EC are not
included. Copies are available on request from HQUSACE, CECW-ON, 20
Massachusetts Avenue NW., Washington, DC 20314-1000, or by calling the
above telephone number.
Dated: January 21, 1994.
John P. Elmore,
Chief, Operations, Construction and Readiness Division, Directorate of
Civil Works.
Expires December 31, 1996
Project Operation Recreation User Fees for Day Use Facilities
February 1, 1994.
1. Purpose. This circular provides information and guidance for the
administration of a recreation user fee program for day use facilities
at U.S. Army Corps of Engineers Civil Works water resource development
projects. The guidance in this circular must be used in conjunction
with the guidance in ER 1130-2-404.
2. Applicability. This circular applies to major subordinate
commands, districts, laboratories and field operating activities having
Civil Works responsibilities.
3. References.
a. Public Law 103-66, Omnibus Budget Reconciliation Act of 1993.
b. 5 CFR Part 1320, Code of Federal Regulations. Appendix B.
5. Policy. No fees will be charged for entrance to any Corps
operated area. Fees will be charged for the use of developed day use
recreation facilities provided by the Corps, as prescribed below and
shown in Appendix C.
a. General. Day user fees will be charged for the use of Corps
operated day use facilities which meet the requirements described
below.
(1) Fees will be charged for the use of certain boat launching
ramps and designated, developed swimming beaches in Corps operated day
use recreation areas. Fees will not be charged for drinking water,
wayside exhibits, roads, scenic drives, overlook sites, picnic tables,
toilet facilities, surface water areas, undeveloped or lightly
developed shoreland, or general visitor information. Day user fees will
not be charged for the use of visitor centers.
(2) Day user fees will be charged only where there is reasonable
expectation that revenues will significantly exceed costs of
collection, to include implementation costs. Estimates of annual
revenue from a fee facility must exceed annual estimated cost to
collect, including the cost of implementation amortized over the design
life of the improvements, by 10% or $3,000, whichever is greater. The
estimate should be reviewed periodically by Division Commanders to
determine the justification for modifying the project fee collection
program.
b. Boat Launch User Fee. A day user fee of $2.00 will be charged to
launch a boat at a ramp in a Corps operated day use recreation area,
provided that the net revenue test in paragraph 5.a.(2) is met.
(1) The fee will be charged at recreation areas having a boat ramp
and one or more of the following facilities: restrooms, security
lighting, picnicking facilities, swimming facilities, or other
developed recreation facilities. The boat launch fee will not be
charged at boat ramps located in recreation areas which are exclusively
campgrounds and reserved exclusively for the use of campers, or in
recreation areas which provide only a boat ramp and courtesy dock.
(2) Payment of this fee entitles the user to launch a boat at any
Corps operated recreation area at any Corps project on that day, except
at boat ramps located within a fee campground and reserved exclusively
for the use of campers.
c. Swimming Beach User Fee. A day user fee of $1.00 per person, up
to $3.00 per vehicle, will be charged for the use of a designated,
developed swimming beach in a Corps operated day use recreation area,
provided that the net revenue test in paragraph 5.a.(2) is met.
(1) The swimming beach fee will be charged at Corps operated,
designated, developed swimming beaches, with the exception of swimming
beaches located in recreation areas which are exclusively campgrounds
and reserved exclusively for the use of campers. A designated,
developed swimming beach is properly signed, buoyed and delineated in
accordance with established design and safety requirements contained in
EM 1110-1-400.
(2) Payment of this fee entitles the user to use any developed
beach at any Corps operated recreation area at any Corps project on
that day, with the exception of swimming beaches located within fee
campgrounds and reserved exclusively for the use of campers.
d. Daily User Fee Exclusivity. The daily boat launch ramp and
swimming beach user fees are mutually exclusive. Payment of a daily
boat launch ramp user fee does not permit swimming at a designated
beach, and vice versa.
e. Annual Day User Fee Pass. An annual pass may be purchased for
$25.00, which permits the holder and all accompanying passengers in the
vehicle to use any or all boat launch ramps and/or designated,
developed swimming beaches at any Corps operated recreation area at any
Corps project for that calendar year, except at facilities located
within a fee campground and reserved exclusively for the use of
campers. A sample annual pass is shown in Appendix D.
f. Paid Camping Permits. A paid camping permit will entitle the
holder to use any or all day use facilities without paying additional
day user fees at the same project, on any day for which the permit is
valid. In certain instances, some form of vehicle pass may be required
for campers who have more than one vehicle or where the camping unit is
also the mode of transportation. A separate pass, locally printed for
this situation, is acceptable. Resource managers should consider local
situations when determining applicability.
g. Lessees. Lessees may not charge a fee for Corps operated
facilities. They may charge, however, for Corps constructed facilities
located on their leasehold in accordance with real estate policy,
prescribed in CERE-MC memorandum, dated 15 Oct 1993, Subject: Fees
Charged at Leased Recreation Sites.
h. Native American Indian Tribes. The District Engineer may waive
user fees under this circular for Native American Indian Tribal
members, consistent with rights reserved to the Tribes under the law.
i. Children. No day user fee charge will be made for children under
12 years of age.
6. Procedures.
a. The district commander will provide the established schedule of
day user fees to the major subordinate command NLT 30 December each
year, beginning in 1994. The major subordinate command commander will
periodically review/audit the district's establishment of fee
schedules.
b. Information on approved user fee areas and charges will be
submitted through the National Resource Management System (NRMS), as
outlined in ER 1130-2-414.
7. Cost of Collection. Since day user fees will be collected only
at facilities where revenue significantly exceeds cost of collection,
strict attention must be given to tracking costs associated with the
collection of day user fees at designated facilities. An annual
analysis of revenues versus cost of collection, including amortized
implementation costs, must be available for review by Major Subordinate
Commands and by HQUSACE by 30 December of each year.
8. Effective Dates for Fee Collection. District commanders will
assess seasonal visitation patterns of individual fee areas to
determine the period during which a fee program will be in effect.
9. Signs. All areas designated as recreation user fee areas will be
marked with appropriate signs that provide necessary instructions to
users of the area with regard to collection of fees. The official U.S.
fee area symbol will be displayed at the entrance to designated user
fee areas. The U.S. fee area symbol will be installed prior to
collection of fees in the area. All signs and symbols will conform to
the guidance provided in EP 610-1-6a and b and ER 1130-2-431.
10. Fee Collection.
a. Methods of Collection. Fees may be collected by one or more of
the following methods:
(1) Control stations. Fees may be collected by either contract or
Corps personnel. Contractors will be properly identified to prevent
unauthorized personnel from collecting fees.
(a) A cash register may be used in the fee collection process to
issue receipts to users. Visitors will be instructed to display the
cash register receipt on the left side of the vehicle dashboard.
Specifications for cash registers are included in Appendix E.
(b) The Automated User Permit System (AUPS) may be used to collect
day user fees.
(2) Self-deposit vault system. Where and when appropriate, the
self-deposit vault system may be used to reduce the cost of collection.
(a) A registration point will be provided which has:
--A deposit vault similar to the one shown in ER 1130-2-404, Appendix
C.
--A sign instructing the user on the self-deposit system, stating the
fee for the area and indicating a 50 percent reduction of fees for
bearers of Golden Age or Golden Access Passports. It should also
provide instructions for displaying the permit stub.
--ENG Form 4839A, Self-Deposit Day User Permit. This is a sealable
envelope with detachable stub that will be used to pay fees. The user
will be instructed to retain the stub as a receipt for display on the
left side of the vehicle dashboard. These forms are available at the
USACE Publication Depot.
(b) Revenues will be collected from the deposit vault on a regular
basis by authorized Corps or contractor personnel. Personnel will check
to insure area users have appropriate permits.
(3) Other methods. Fees may be collected by authorized Corps and
contractor employees at project offices, visitor centers or on visits
through a fee area. These collections may be made using a cash
register, AUPS or ENG Form 4457.
b. Types of payment. In order of preference, types of acceptable
payment are in (1) U.S. currency, (2) traveler's checks or (3) personal
checks for the amount of purchase only.
c. Contractor collection. Whenever contractor employees are
utilized for fee collection, the requirements in ER 1130-2-404 and ER
37-2-10 will apply.
11. Remittance. All user fee funds will be remitted in accordance
with ER 37-2-10.
12. Enforcement. Persons failing to pay established fees will be
subject to enforcement action in accordance with 36 CFR 327.23,
Recreation Use Fees.
13. Accounting. All income derived from fee collection will be
deposited into Special Receipt Account 965007 and reported in
accordance with ER 37-2-10 and ER 1130-2-414.
14. Credit Vouchers and Refunds. No credit vouchers or refunds will
be given for day user fees.
15. Golden Age and Golden Access Passports. Golden Age and Golden
Access Passport discounts will apply to day user fees. The Passport
will entitle the holder and all accompanying passengers in a single,
private, non-commercial vehicle to a 50 percent discount of the daily
or annual day user fee. Passport discounts will not apply to commercial
vehicles, transporting visitors for hire. Golden Eagle Passports do not
apply to user fees. The schedule of day user fees and Golden Age and
Access Passport discounts is contained in Appendix C.
16. Specialized Facility Reservations and Special Events. The
charging of a day user fee at a recreation area does not preclude the
charging of a fee for the reservation of a specialized facility or for
a special event within the area. Neither does the charging of a fee for
the reservation of a specialized facility or special event preclude the
collecting of the established day user fee for the recreation area.
Resource managers should consider local situations when determining fee
applicability.
17. Public Information. In the interest of informing the public of
the fee collection program, public information activities will be
conducted to disseminate information regarding this program at least
two months before the collection of fees begins at newly designated
user fee areas. District commanders will notify congressional
delegations, as appropriate, of the fee collection program in their
congressional districts. Public information meetings, convened to
discuss the new program for a project or group of projects, as well as
the philosophy and rational for the new fee program, are strongly
encouraged. Various additional coordination activities should also
occur with any other interested parties.
18. Controlling Paperwork Burden on the Public. The guidance in 5
CFR Part 1320 establishes the framework for the paperwork control
process. Generally, this CFR provides that an agency shall not engage
in a collection of information (from the public) without obtaining
Office of Management and Budget approval. There are no procedures
contained in this regulation that should be interpreted to require the
public provide information other than general data.
For the Commander.
John R. Brown,
Colonel, Corps of Engineers, Executive Director of Civil Works.
5 Appendices
App A--Pertinent
Legislative Language
App B--Summary of the
Corps User Fee Program
App C--Day User Fee Schedule
App D--Annual Day Use Pass
App E--Cash Register Specifications
[FR Doc. 94-1839 Filed 1-27-94; 8:45 am]
BILLING CODE 3710-92-M