New Fee Legislation Introduced for National Parks and Forests

2002 FEE LEGISLATION IN THE 107th CONGRESS

S.2607 "The Bingaman Bill" To authorize the Secretary of the Interior and the Secretary of Agriculture to collect recreation fees on Federal lands, and for other purposes.

S.2473 "The Thomas Bill" To enhance the Recreational Fee Demonstration Program for the National Park Service, and for other purposes.

These two bills were introduced in May and June, 2002. Senator Bingaman, Chairman of the Senate Energy Committee, held a limited Energy and Natural Resources Committee hearing on these bills on June 19, 2002. The meeting was attended by Senators Bingaman, Thomas, Campbell, and Akaka.

American Whitewater's Access Director also attended the meeting as an observer and has included his reflections below. AW's Fee Demo policy is also being reviewed.

We encourage you to share your opinion about visitor use fees on public lands with your elected representatives. You can find out how to contact your representatives at capwiz.com/rollcall/home/.

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Reflections on S.2607 and S.2473
S.2607 (Forests)	S.2473 (Parks)
Is market value a fair standard by which to charge fees for accessing public lands that are maintained and paid for by tax paying citizens? Do these fees pose an unreasonable hurdle to the President's goals of enhancing national public health and recreation? What is a "minimum number of fees"? 100 sites? 1000? 100,000 fee collection booths nationwide in our parks? This bill allows volunteers to collect fees; how about language that would authorize the agency to use volunteers for greater maintenance? Requires annual reports to be submitted every three years detailing and evaluating the programs on Park Service lands. Should synthesize all fee collection authorities for the Park Service under a single piece of legislation, such that visitors know exactly how and where their fees are being spent. Currently, the fees charged to boaters in the Grand Canyon, Green and Yampa Rivers, and Westwater are charged in part under an inappropriate authority via the Land & Water Conservation Fund as "special uses".	"Recreation" is not defined. Authorization to collect fees where access is provided such that "entrance fees can be efficitiently collected" means in a practical sense that river users will continue to be targeted with fees at launch points at a rate higher than other forest users. The prohibition on fees at roads or highways that receive certain federal funds may create conflicts under the Commerce Act in that many navigable rivers are considered "highways". "Entrance fees shall not be charged...[to certain groups]" however these "entrance" fees are not defined and are not differentiated from user fees, access fees, permit fees, etc. Fees may be charged at "boat launch facilities"; it is AW's understanding that this was intended to address motor boat launch facilities and should really be modified to state "motorboat launch facilities". Fees may be charged for "reservation services"; this includes permits, reservations, and other access applications - many of which are required of paddlesports participants. Fees may be charged for "an activity where a permit is required to ensure resource protection or public safety"; however permits neither inherently ensure resource protection nor ensure public safety. Further, this is simply another way of saying that river access permits will be subject to fees. American Whitewater recommends striking this phrase from the legislation. No provision is made for using volunteers to help with maintenance or provide fee revenue to assist with volunteer management, except for the collection of additional fees. Includes no strong reporting requirements to Congress.

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"The Bingaman Bill"

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 __________.
_________________________
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 the House of Representatives in 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;
(B) 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;
(B) 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;
(B) 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 cause 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;
(B) 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;
(B) 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;
(B) 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;
(B) 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;
(B) 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 non-recreational 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 non-governmental 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) Amounts 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 or 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. 460l-4a) and section 315 of Public Law 104-134, as amended, (16 U.S.C. 460l-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.
(c) FEDERAL AND STATE LAWS 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 credited 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.

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Be it enacted by 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 `Recreational Fee Authority Act of 2002'.

SEC. 2. RECREATION FEE AUTHORITY.
(a) DEFINITION OF SECRETARY- In this Act, the term `Secretary' means the Secretary of the Interior.
(b) DEFINITION OF AGENCY- In this Act, the term `Agency' means the National Park Service.
(c) IN GENERAL- Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to--
(1) establish, charge, and collect fees for the following:
(A) admission to a unit, area, or site administered by the Agency; and
(B) the use of Agency administered areas, lands, sites, facilities, and services (including reservations) by individuals and/or groups;
(2) establish fair and equitable fees that are a result of a market analysis taking the following criteria into consideration--
(A) the benefits and services provided to the visitor;
(B) the cumulative effect of fees charged to the public;
(C) the comparable fees charged on other units, areas, sites, and other public agencies;
(D) the comparable fees charged by nearby private sector operators;
(E) the direct and indirect cost to the Government;
(F) the revenue benefits to the Government;
(G) the public policy or management objectives served;
(H) the economic and administrative feasibility of fee collection; and
(I) any other pertinent factors or criteria deemed necessary by the Secretary.
(3) The Secretary shall ensure that individual park units assess only the minimum number of fees consistently on an agency-wide basis in order to avoid the collection of multiple or layered fees for a wide variety of uses, activities and/or programs.
(4) The results of the market analysis, new fees, increases or decreases in established fees, shall be published in the Federal Register and any change in the amount of fees shall not take place until at least 12 months after the date the notice is published in the Federal Register.
(d) ADDITIONAL AUTHORITIES- Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to--
(1) enter into agreements, including contracts, which provide for reasonable commissions or reimbursements, with any public or private entity to provide visitor reservation services, fee collection and/or processing services;
(2) use National Park Service volunteers, as appropriate to collect fees charged pursuant to Section 2(C);
(3) in establishing fees under this Act, the Secretary may provide discounted or free admission days or use as deemed appropriate by the Secretary;
(4) the Secretary may modify the National Park Passport, established pursuant to Public Law 105-391; and
(5) the Secretary shall take such steps as may be necessary to provide information to the visitor concerning the various fees programs available to them and the costs and benefits of those programs.
(e) STATE AGENCY ADMISSION AND SPECIAL USE PASSES- Beginning in fiscal year 2003 and thereafter--
(1) notwithstanding the Federal Grants Cooperative Agreements Act, the Secretary is authorized to enter into revenue sharing agreements with State agencies to accept their annual passes and convey the same privileges, terms and conditions as offered under the auspices of the National Park Passport, established pursuant to Public Law 105-391 (hereinafter referred to as the `National Park Passport'), or as Public Law 105-391 may be amended.
(2) State agency annual passes shall only be accepted for all of the units of the National Park System within the boundaries of the State in which the specific revenue sharing agreement is entered into.
(3) The Secretary may enter into revenue sharing agreements with other Federal agencies and/or Tribal governments to establish, charge and collect fees at areas, sites or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture and/or the specific Tribal government in which the agreement is made.

SEC. 3. DISTRIBUTION OF RECEIPTS.
(a) IN GENERAL-
(1) The Secretary of the Treasury shall establish a special account in the Treasury for the Agency.
(2) Amounts collected by the Agency under section 2 shall be deposited in its special account in the Treasury and shall remain available for expenditure without further appropriation until expended.
(3) Amounts collected from sales of the National Park Passport, or from revenue sharing agreements entered into under section 2 of this Act shall be deposited in its special account in the Treasury in accordance with guidelines established by the Secretary of the Interior.
(b) DISTRIBUTION OF FEES- The amounts deposited in the special account established by subsection (a) shall be distributed as follows:
(1) Not less than 80 percent of amounts collected pursuant to the Act at a specific area, site, or project as determined by the Secretary, shall remain available for use at the specific area, site, or project at which the fees were collected, except that the Secretary may change the allocation amount to not less than 60 percent of fees collected to be returned to the area, site, or project when the Secretary determines that site specific revenues in any given fiscal year exceed that site's reasonable needs for that year; except that for those units of the National Park System which participate in an active revenue sharing agreement with a State under section 2(e) of this Act, not less than 90 percent of amounts collected pursuant to this Act at a specific area, site, or project as determined by the Secretary shall remain for use at the specific area, site, or project at which the fees were collected.
(2) The balance of the amounts collected at a specific area, site, or project not distributed in accordance with paragraph (1), shall remain available for use by the Agency on an agency-wide basis as determined by the Secretary.
(3) Monies generated as a result of revenue sharing agreements established pursuant to section 2(e) may provide for a fee-sharing arrangement among the parties to the revenue sharing agreement. Agency shares of fees collected shall be deposited and distributed as described in subsection (b) equally to all units of the National Park System in the specific State that are parties to the revenue sharing agreement.
(4) Monies generated as a result of the sale of the National Park Passport shall be distributed as follows: not less than 50 percent of the amounts collected pursuant this Act, as determined by the Secretary shall remain available for use at the specific area, site, or project at which the fees were collected, the balance of the monies generated shall be distributed in accordance with paragraph 2 of this section.

SEC. 4. EXPENDITURES.
(a) USE OF FEES AT SPECIFIC AREA, SITE, OR PROJECT- Amounts available under section 3 of this Act for expenditure at a specific area, site, or project shall be accounted for separately and may be used for--
(1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety;
(2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs;
(3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and
(4) law enforcement relating to public use and recreation.
(b) The Secretary may use not more than fifteen percent of the revenues derived under the authorities of this Act to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, start-up costs, and analysis and reporting on program accomplishments and impacts.

SEC. 5. REPORTS.
(a) Once every three years after the enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report detailing the status of the Recreation Fee Program conducted in units of the National Park System:
(1) the report under this section shall contain an evaluation of the Recreation Fee Program conducted at each unit of the National Park System;
(2) with respect to each unit of the National Park System where a fee is charged under the authorities granted by this Act, a description of projects that were funded, work accomplished, and a description of future projects and programs identified for funding with monies expected to be generated under the authorities granted by this Act; and
(3) any recommendations for changes in the overall fee system along with any justification as appropriate.

SEC. 6. REGULATIONS.
The Secretary may promulgate such rules and regulations as may be necessary to implement this Act.

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