Federal Lands Recreation Fee Authority Act

Federal Lands Recreation Fee Authority Act (Introduced in Senate)

S 2607 IS

107th CONGRESS

2d Session

S. 2607

To authorize the Secretary of the Interior and the Secretary of Agriculture to collect recreation fees on Federal lands, and for
other purposes.

IN THE SENATE OF THE UNITED STATES

June 11, 2002

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural
Resources



A BILL

To authorize the Secretary of the Interior and the Secretary of Agriculture to collect recreation fees on Federal lands, and for
other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Lands Recreation Fee Authority Act'.

SEC. 2. RECREATION FEES ON FEDERAL LANDS.

(a) GENERAL AUTHORITY- Except as provided in subsection (b):

(1) The Secretary of the Interior is authorized to collect recreation fees, including entrance and use fees, on the
following lands administered by the Secretary:

(A) Units of the National Park System;

( Units of the National Wildlife Refuge System; and

(C) National monuments and national conservation areas administered by the Bureau of Land Management.

(2) The Secretary of Agriculture is authorized to collect recreation fees, including entrance and use fees, on the
following National Forest System lands administered by the Secretary:

(A) National monuments;

( National volcanic monuments;

(C) National scenic areas; and

(D) National recreation areas.

(3) The Secretary of the Interior, with respect to lands administered by the Bureau of Land Management, and the
Secretary of Agriculture, with respect to National Forest System lands, is also authorized to collect fees at areas not
described in paragraphs (1) and (2) if--

(A) such area is managed primarily for outdoor recreation purposes and contains at least one major recreation
attraction;

( such area has had substantial Federal investments, as determined by the appropriate Secretary, in--

(i) providing facilities or services to the public; or

(ii) restoring resource degradation caused by public use; and

(C) public access to the area is provided in such a manner that entrance fees can be efficiently collected at one or
more centralized locations.

(5) The Secretary of the Interior or the Secretary of Agriculture, as appropriate, may reduce or waive any fee
authorized under this Act, as appropriate.

(6) For each unit or area collecting an entrance fee, the appropriate Secretary shall establish at least one day each
year during periods of high visitation as a `Fee Free Day' when no entrance fee shall be charged.

(7) No recreation fees of any kind shall be imposed or collected for outdoor recreation purposes on Federal lands under
the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, except as provided in this Act.

(b) PROHIBITION ON FEES- (1) No recreation fees shall be charged under this Act--

(A) 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 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 of the fee area;

( for travel by private, noncommercial vehicle over any road or highway to any land in which a person has any
property right if such land is within the unit or area at which recreation fees are charged;

(C) for any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty;
or

(D for any person who is engaged in the conduct of official business within the unit or area at which recreation fees are
charged.

(2) Entrance fees shall not be charged--

(A) for any person under 16 years of age;

( for admission of organized school groups or outings conducted for education purposes by schools or other bona
fide educational institutions;

(C) for any area containing deed restrictions on charging fees;

(D) for any person entering a national wildlife refuge who is the holder of 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);

(E) for any person holding a valid Golden Eagle Passport, Golden Age Passport, Golden Access Passport, or for
entrance to units of the National Park System, a National Parks Passport; and

(F) at the following areas administered by the National Park Service:

(i) U.S.S. Arizona Memorial;

(ii) Independence National Historical Park;

(iii) any unit of the National Park System within the District of Columbia or the Arlington House--Robert E. Lee
National Memorial in Virginia; and

(iv) any unit of the National Park System located in Alaska, with the exception of Denali National Park and
Preserve (notwithstanding section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-2)); and

(G) in Smoky Mountains National Park, unless entrance fees are charged on main highways and thoroughfares, no fees
shall be charged for entrance on other routes into the park, or any part thereof.

(c) FEE CONSIDERATIONS- (1) Recreation fees charged by the Secretary of the Interior or the Secretary of Agriculture
shall be fair and equitable, taking into consideration--

(A) the direct and indirect cost to the Federal agency involved;

( the benefits and services provided to the visitor;

(C) the public policy and management objectives served;

(D) costs to the visitor;

(E) the effect of multiple fees charged within the same area;

(F) fees charged at comparable sites by other public agencies; and

(G) the economic and administrative feasibility of fee collection at the site.

(2) The Secretary of the Interior and the Secretary of Agriculture shall work cooperatively to ensure that comparable fees
and services are established on Federal lands under each Secretary's jurisdiction, and that guidelines for assessing the
type and amount of recreation fees are consistent between areas under each Secretary's jurisdiction.

(3) The Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable, seek to minimize multiple
fees within specific units or areas.

(d) RECREATION USE FEES- (1) The Secretary of the Interior and the Secretary of Agriculture may provide for the
collection of recreation use fees where the Federal agency develops, administers, provides, or furnishes at Federal expense,
specialized outdoor recreation sites, facilities, equipment, or services.

(2) As used in this subsection, the term `specialized outdoor recreation sites, facilities, equipment, or services' includes--

(A) a developed campground;

( a swimming site;

(C) a boat launch facility;

(D) a managed parking lot;

(E) facility or equipment rental;

(F) an enhanced interpretive program;

(G) a reservation service; or

(H) a transportation service.

(3) Recreation use fees may not be charged for--

(A) general access to an area;

( access to a visitor center;

(C) a dispersed area with little or no Federal investment;

(D) a scenic overlook or wayside;

(E) drinking fountains or restrooms;

(F) undeveloped parking;

(G) picnic tables (when not part of a developed campground or recreation area);

(H) special attention or extra services necessary to meet the needs of the disabled; or

(I) any nonrecreational activity authorized under a valid permit issued under any other Act.

(e) SPECIAL RECREATION PERMIT FEE- The Secretary of the Interior or the Secretary of Agriculture may require a special
recreation permit and may charge a special recreation permit fee for recreation use involving a group activity, a commercial
tour, a commercial aircraft tour, a recreation event, use by a motorized recreation vehicle, a competitive event, and an
activity where a permit is required to ensure resource protection or public safety.

SEC. 3. ANNUAL PASSES.

(a) IN GENERAL- The Secretary of the Interior and the Secretary of Agriculture shall jointly establish procedures for the
issuance of, and make available the following passes:

(1) GOLDEN EAGLE PASSPORT- An annual admission permit, to be known as the `Golden Eagle Passport', to be valid
for a period of one year for admission into any unit or area collecting an entrance fee under this Act.

(2) GOLDEN AGE PASSPORT- A lifetime admission permit to any citizen of, or person domiciled in the United States
sixty-two years of age or older, entitling the permittee to admission into any unit or area collecting an entrance fee
under this Act.

(3) GOLDEN ACCESS PASSPORT- A lifetime admission permit to any citizen of, or person domiciled in the United
States who is blind or permanently disabled, to be issued without cost.

(4) OTHER PASSES- The Secretary of the Interior and the Secretary of Agriculture may develop such other annual,
regional or site-specific passes as they deem appropriate.

(b) TERMS AND CONDITIONS-

(1) Unless determined otherwise by the Secretary of the Interior and the Secretary of Agriculture, the passes
authorized under this section shall be issued under the same terms and conditions as existed for such passes as of the
date of enactment of this Act.

(2) The Secretaries shall develop such terms and conditions for the passes authorized in this section as they deem
necessary.

(c) NATIONAL PARK PASSPORT- Nothing in this Act affects the authority of the Secretary of the Interior to issue national
park passports, as authorized in title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.).

SEC. 4. ADMINISTRATION.

(a) IN GENERAL- The Secretary of the Interior and the Secretary of Agriculture shall establish guidelines identifying the
process by which the agencies under each Secretary's jurisdiction shall establish and change the amounts charged for any
recreation fee, including entrance fees, recreation use fees, or special recreation permit fees collected under this Act. Such
guidelines shall require that the agencies coordinate with each other, to the extent practicable, when establishing or
changing fees.

(b) NOTICE- The Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall post clear notice of any
entrance fee and available passes at appropriate locations within each area where a recreation fee is charged. Notice shall
also be included in publications distributed at the unit or area where the fee is collected. The Secretaries shall jointly take
such actions as may be necessary to provide information to the public on all available passes authorized by this Act.

(c) NOTICE OF RECREATION FEE PROJECTS- The Secretary of the Interior and the Secretary of Agriculture shall, to the
extent practicable, post clear notice of where work is being done using fee revenues collected under this Act.

(d) FEE MANAGEMENT AGREEMENTS- Notwithstanding the Federal Grant and Cooperative Agreements Act of 1977 (31
U.S.C. 6301 et seq.), the Secretary of the Interior and the Secretary of Agriculture may enter into fee management
agreements, that provide for reasonable commissions or reimbursements, with any governmental or nongovernmental
entities to provide fee collection and processing services, including visitor reservation services.

(e) VOLUNTEERS- The Secretary of the Interior and the Secretary of Agriculture may use volunteers, as appropriate, to
collect fees and sell passes authorized by this Act.

SEC. 5. EXPENDITURE OF FEES.

(a) SPECIAL ACCOUNT- The Secretary of the Treasury shall establish a separate special account in the Treasury for each
Federal agency collecting recreation fees under this Act. Amounts collected by each agency under this Act shall be
deposited into its special account in the Treasury, and shall be available for expenditure by the appropriate agency, without
further appropriation, to remain available until expended.

(b) DISTRIBUTION-

(1) Eighty percent of the amounts collected at a specific unit or area shall remain available for expenditure without
further appropriation, at the unit or area where the fees were collected, except that the Secretary of the Interior or the
Secretary of Agriculture, as appropriate, may reduce the local allocation amount to not less than 60 percent of the fees
collected if the Secretary determines that the unit or area's revenues in any specific fiscal year exceed its reasonable
needs for which expenditures may be made.

(2) Amount not retained at the site or area collecting the fee shall remain available for expenditure without further
appropriation to the Federal agency administering the site, for distribution in accordance with national priority needs
within such agency.

(3) Revenues from the sale of annual passes shall be distributed in accordance with revenue sharing agreements
developed by the Secretary of the Interior and the Secretary of Agriculture.

(c) USE OF FEE REVENUES- Amounts made available under subsection (b)(1) for expenditure at a specific unit or area
shall be accounted for separately from amounts available under (b)(2). Both amounts shall be used for resource
preservation, backlogged repair and maintenance projects (including projects related to health and safety), interpretation,
signage, habitat for facility enhancement, law enforcement related to public use, maintenance, and direct operating or
capital costs associated with the recreation fee program.

SEC. 6. CONFORMING AMENDMENTS.

(a) REPEAL OF OTHER FEE AUTHORITIES- Section 4 of the Land and Water Conservation Fund Act (16 U.S.C. 4601-4a) and
section 315 of Public Law 104-134, as amended (16 U.S.C. 4601-4a note), are repealed, except that the repeal of such
provisions shall not affect the expenditure of revenues already obligated. All unobligated amounts as of the date of
enactment of this Act shall be transferred to the appropriate special account established under this Act and shall be
available as provided in this Act.

(b) FEDERAL AND STATE LAW UNAFFECTED- Nothing in this Act shall be construed--

(1) to authorize Federal hunting or fishing licenses or fees;

(2) to authorize charges for commercial or other activities not related to recreation;

(3) to affect any rights or authority of the States with respect to fish and wildlife;

(4) to repeal or modify any provision of law that provides that any fees or charges collected at specific Federal areas
be used for, or created to specific purposes or special funds as authorized by that provision of law; or

(5) to repeal or modify any provision of law authorizing States or political subdivisions thereof to share in revenues
from Federal lands.