**CONFERENCE REPORT ON H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2**

DIVISION J: OTHER MATTERS

TITLE VIII\--FEDERAL LANDS RECREATION ENHANCEMENT ACT

   **SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.**

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

    (b) *Table of Contents*.\--The table of contents of this Act is as
follows:

   Sec..1..Short title and table of contents.

   Sec..2..Definitions.

   Sec..3..Recreation fee authority.

   Sec..4..Public participation.

   Sec..5..Recreation passes.

   Sec..6..Cooperative agreements.

   Sec..7..Special account and distribution of fees and revenues.

   Sec..8..Expenditures.

   Sec..9..Reports.

   Sec..10..Sunset provision.

   Sec..11..Volunteers.

   Sec..12..Enforcement and protection of receipts.

   Sec..13..Repeal of superseded admission and use fee authorities.

   Sec..14..Relation to other laws and fee collection authorities.

   Sec..15..Limitation on use of fees for employee bonuses.

   **SEC. 2. DEFINITIONS.**

    In this Act:

    (1) **STANDARD AMENITY RECREATION FEE**.\--The term \`\`standard
amenity recreation fee\'\' means the recreation fee authorized by
section 3(f).

    (2) **EXPANDED AMENITY RECREATION FEE**.\--The term \`\`expanded
amenity recreation fee\'\' means the recreation fee authorized by
section 3(g).

    (3) **ENTRANCE FEE**.\--The term \`\`entrance fee\'\' means the
recreation fee authorized to be charged to enter onto lands managed by
the National Park Service or the United States Fish and Wildlife
Service.

    (4) **FEDERAL LAND MANAGEMENT AGENCY**.\--The term \`\`Federal land
management agency\'\' means

\[Page: H10389\]

the National Park Service, the United States Fish and Wildlife Service,
the Bureau of Land Management, the Bureau of Reclamation, or the Forest
Service.

    (5) **FEDERAL RECREATIONAL LANDS AND WATERS**.\--The term
\`\`Federal recreational lands and waters\'\' means lands or waters
managed by a Federal land management agency.

    (6) **NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS**.\--The
term \`\`National Parks and Federal Recreational Lands Pass\'\' means
the interagency national pass authorized by section 5.

    (7) **PASSHOLDER**.\--The term \`\`passholder\'\' means the person
who is issued a recreation pass.

    (8) **RECREATION FEE**.\--The term \`\`recreation fee\'\' means an
entrance fee, standard amenity recreation fee, expanded amenity
recreation fee, or special recreation permit fee.

    (9) **RECREATION PASS**.\--The term \`\`recreation pass\'\' means
the National Parks and Federal Recreational Lands Pass or one of the
other recreation passes available as authorized by section 5.

    (10) **SECRETARY**.\--The term \`\`Secretary\'\' means\--

    (A) the Secretary of the Interior, with respect to a Federal land
management agency (other than the Forest Service); and

    (B) the Secretary of Agriculture, with respect to the Forest
Service.

    (11) **SECRETARIES**.\--The term \`\`Secretaries\'\' means the
Secretary of the Interior and the Secretary of Agriculture acting
jointly.

    (12) **SPECIAL ACCOUNT**.\--The term \`\`special account\'\' means
the special account established in the Treasury under section 7 for a
Federal land management agency.

    (13) **SPECIAL RECREATION PERMIT FEE**.\--The term \`\`special
recreation permit fee\'\' means the fee authorized by section 3(h).

   **SEC. 3. RECREATION FEE AUTHORITY.**

    (a) *Authority of Secretary*.\--Beginning in fiscal year 2005 and
thereafter, the Secretary may establish, modify, charge, and collect
recreation fees at Federal recreational lands and waters as provided for
in this section.

    (b) *Basis for Recreation Fees*.\--Recreation fees shall be
established in a manner consistent with the following criteria:

    (1) The amount of the recreation fee shall be commensurate with the
benefits and services provided to the visitor.

    (2) The Secretary shall consider the aggregate effect of recreation
fees on recreation users and recreation service providers.

    (3) The Secretary shall consider comparable fees charged elsewhere
and by other public agencies and by nearby private sector operators.

    (4) The Secretary shall consider the public policy or management
objectives served by the recreation fee.

    (5) The Secretary shall obtain input from the appropriate Recreation
Resource Advisory Committee, as provided in section 4(d).

    (6) The Secretary shall consider such other factors or criteria as
determined appropriate by the Secretary.

    (c) *Special Considerations*.\--The Secretary shall establish the
minimum number of recreation fees and shall avoid the collection of
multiple or layered recreation fees for similar uses, activities, or
programs.

    (d) *Limitations on Recreation Fees*.\--

    (1) **PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR
SERVICES**.\--The Secretary shall not charge any standard amenity
recreation fee or expanded amenity recreation fee for Federal
recreational lands and waters administered by the Bureau of Land
Management, the Forest Service, or the Bureau of Reclamation under this
Act for any of the following:

    (A) Solely for parking, undesignated parking, or picnicking along
roads or trailsides.

    (B) For general access unless specifically authorized under this
section.

    (C) For dispersed areas with low or no investment unless
specifically authorized under this section.

    (D) For persons who are driving through, walking through, boating
through, horseback riding through, or hiking through Federal
recreational lands and waters without using the facilities and services.

    (E) For camping at undeveloped sites that do not provide a minimum
number of facilities and services as described in subsection (g)(2)(A).

    (F) For use of overlooks or scenic pullouts.

    (G) For travel by private, noncommercial vehicle over any national
parkway or any road or highway established as a part of the 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 any unit or area at which recreation
fees are charged under this Act.

    (H) For travel by private, noncommercial vehicle, boat, or aircraft
over any road or highway, waterway, or airway to any land in which such
person has any property right if such land is within any unit or area at
which recreation fees are charged under this Act.

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

    (J) For any person who is engaged in the conduct of official
Federal, State, Tribal, or local government business.

    (K) For special attention or extra services necessary to meet the
needs of the disabled.

    (2) **RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS**.\--An entity
that pays a special recreation permit fee or similar permit fee shall
not be subject to a road cost-sharing fee or a fee for the use of
highways or roads that are open to private, noncommercial use within the
boundaries of any Federal recreational lands or waters, as authorized
under section 6 of Public Law 88-657 (16 U.S.C. 537; commonly known as
the Forest Roads and Trails Act).

    (3) **PROHIBITION ON FEES FOR CERTAIN PERSONS OR PLACES**.\--The
Secretary shall not charge an entrance fee or standard amenity
recreation fee for the following:

    (A) Any person under 16 years of age.

    (B) Outings conducted for noncommercial educational purposes by
schools or bona fide academic institutions.

    (C) The U.S.S. Arizona Memorial, Independence National Historical
Park, any unit of the National Park System within the District of
Columbia, or Arlington House-Robert E. Lee National Memorial.

    (D) The Flight 93 National Memorial.

    (E) Entrance on other routes into the Great Smoky Mountains National
Park or any part thereof unless fees are charged for entrance into that
park on main highways and thoroughfares.

    (F) Entrance on units of the National Park System containing deed
restrictions on charging fees.

    (G) An area or unit covered under section 203 of the Alaska National
Interest Lands Conservation Act (Public Law 96-487; 16 U.S.C. 410hh-2),
with the exception of Denali National Park and Preserve.

    (H) A unit of the National Wildlife Refuge System created, expanded,
or modified by the Alaska National Interest Lands Conservation Act
(Public Law 96-487).

    (I) Any person who visits a unit or area under the jurisdiction of
the United States Fish and Wildlife Service and who has been issued 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).

    (J) Any person engaged in a nonrecreational activity authorized
under a valid permit issued under any other Act, including a valid
grazing permit.

    (4) **NO RESTRICTION ON RECREATION OPPORTUNITIES**.\--Nothing in
this Act shall limit the use of recreation opportunities only to areas
designated for collection of recreation fees.

    (e) *Entrance Fee*.\--

    (1) **AUTHORIZED SITES FOR ENTRANCE FEES**.\--The Secretary of the
Interior may charge an entrance fee for a unit of the National Park
System, including a national monument administered by the National Park
Service, or for a unit of the National Wildlife Refuge System.

    (2) **PROHIBITED SITES**.\--The Secretary shall not charge an
entrance fee for Federal recreational lands and waters managed by the
Bureau of Land Management, the Bureau of Reclamation, or the Forest
Service.

    (f) *Standard Amenity Recreation Fee*.\--Except as limited by
subsection (d), the Secretary may charge a standard amenity recreation
fee for Federal recreational lands and waters under the jurisdiction of
the Bureau of Land Management, the Bureau of Reclamation, or the Forest
Service, but only at the following:

    (1) A National Conservation Area.

    (2) A National Volcanic Monument.

    (3) A destination visitor or interpretive center that provides a
broad range of interpretive services, programs, and media.

    (4) An area\--

    (A) that provides significant opportunities for outdoor recreation;

    (B) that has substantial Federal investments;

    (C) where fees can be efficiently collected; and

    (D) that contains all of the following amenities:

    (i) Designated developed parking.

    (ii) A permanent toilet facility.

    (iii) A permanent trash receptacle.

    (iv) Interpretive sign, exhibit, or kiosk.

    (v) Picnic tables.

    (vi) Security services.

    (g) *Expanded Amenity Recreation Fee*.\--

    (1) **NPS AND USFWS AUTHORITY**.\--Except as limited by subsection
(d), the Secretary of the Interior may charge an expanded amenity
recreation fee, either in addition to an entrance fee or by itself, at
Federal recreational lands and waters under the jurisdiction of the
National Park Service or the United States Fish and Wildlife Service
when the Secretary of the Interior determines that the visitor uses a
specific or specialized facility, equipment, or service.

    (2) **OTHER FEDERAL LAND MANAGEMENT AGENCIES**.\--Except as limited
by subsection (d), the Secretary may charge an expanded amenity
recreation fee, either in addition to a standard amenity fee or by
itself, at Federal recreational lands and waters under the jurisdiction
of the Forest Service, the Bureau of Land Management, or the Bureau of
Reclamation, but only for the following facilities or services:

    (A) Use of developed campgrounds that provide at least a majority of
the following:

    (i) Tent or trailer spaces.

    (ii) Picnic tables.

    (iii) Drinking water.

    (iv) Access roads.

    (v) The collection of the fee by an employee or agent of the Federal
land management agency.

    (vi) Reasonable visitor protection.

    (vii) Refuse containers.

    (viii) Toilet facilities.

    (ix) Simple devices for containing a campfire.

    (B) Use of highly developed boat launches with specialized
facilities or services such as mechanical or hydraulic boat lifts or
facilities, multi-lane paved ramps, paved parking, restrooms and other
improvements such as boarding floats, loading ramps, or fish cleaning
stations.

    (C) Rental of cabins, boats, stock animals, lookouts, historic
structures, group day-use or overnight sites, audio tour devices,
portable sanitation devices, binoculars or other equipment.

    (D) Use of hookups for electricity, cable, or sewer.

    (E) Use of sanitary dump stations.

    (F) Participation in an enhanced interpretive program or special
tour.

    (G) Use of reservation services.

\[Page: H10390\]

    (H) Use of transportation services.

    (I) Use of areas where emergency medical or first-aid services are
administered from facilities staffed by public employees or employees
under a contract or reciprocal agreement with the Federal Government.

    (J) Use of developed swimming sites that provide at least a majority
of the following:

    (i) Bathhouse with showers and flush toilets.

    (ii) Refuse containers.

    (iii) Picnic areas.

    (iv) Paved parking.

    (v) Attendants, including lifeguards.

    (vi) Floats encompassing the swimming area.

    (vii) Swimming deck.

    (h) *Special Recreation Permit Fee*.\--The Secretary may issue a
special recreation permit, and charge a special recreation permit fee in
connection with the issuance of the permit, for specialized recreation
uses of Federal recreational lands and waters, such as group activities,
recreation events, motorized recreational vehicle use.

   **SEC. 4. PUBLIC PARTICIPATION.**

    (a) *In General*.\--As required in this section, the Secretary shall
provide the public with opportunities to participate in the development
of or changing of a recreation fee established under this Act.

    (b) *Advance Notice*.\--The Secretary shall publish a notice in the
Federal Register of the establishment of a new recreation fee area for
each agency 6 months before establishment. The Secretary shall publish
notice of a new recreation fee or a change to an existing recreation fee
established under this Act in local newspapers and publications located
near the site at which the recreation fee would be established or
changed.

    (c) *Public Involvement*.\--Before establishing any new recreation
fee area, the Secretary shall provide opportunity for public involvement
by\--

    (1) establishing guidelines for public involvement;

    (2) establishing guidelines on how agencies will demonstrate on an
annual basis how they have provided information to the public on the use
of recreation fee revenues; and

    (3) publishing the guidelines in paragraphs (1) and (2) in the
Federal Register.

    (d) *Recreation Resource Advisory Committee*.\--

    (1) **ESTABLISHMENT**.\--

    (A) **AUTHORITY TO ESTABLISH**.\--Except as provided in
subparagraphs (C) and (D), the Secretary or the Secretaries shall
establish a Recreation Resource Advisory Committee in each State or
region for Federal recreational lands and waters managed by the Forest
Service or the Bureau of Land Management to perform the duties described
in paragraph (2).

    (B) **NUMBER OF COMMITTEES**.\--The Secretary may have as many
additional Recreation Resource Advisory Committees in a State or region
as the Secretary considers necessary for the effective operation of this
Act.

    (C) **EXCEPTION**.\--The Secretary shall not establish a Recreation
Resource Advisory Committee in a State if the Secretary determines, in
consultation with the Governor of the State, that sufficient interest
does not exist to ensure that participation on the Committee is balanced
in terms of the points of view represented and the functions to be
performed.

    (D) **USE OF OTHER ENTITIES**.\--In lieu of establishing a
Recreation Resource Advisory Committee under subparagraph (A), the
Secretary may use a Resource Advisory Committee established pursuant to
another provision of law and in accordance with that law or a recreation
fee advisory board otherwise established by the Secretary to perform the
duties specified in paragraph (2).

    (2) **DUTIES**.\--In accordance with the procedures required by
paragraph (9), a Recreation Resource Advisory Committee may make
recommendations to the Secretary regarding a standard amenity recreation
fee or an expanded amenity recreation fee, whenever the recommendations
relate to public concerns in the State or region covered by the
Committee regarding\--

    (A) the implementation of a standard amenity recreation fee or an
expanded amenity recreation fee or the establishment of a specific
recreation fee site;

    (B) the elimination of a standard amenity recreation fee or an
expanded amenity recreation fee; or

    (C) the expansion or limitation of the recreation fee program.

    (3) **MEETINGS**.\--A Recreation Resource Advisory Committee shall
meet at least annually, but may, at the discretion of the Secretary,
meet as often as needed to deal with citizen concerns about the
recreation fee program in a timely manner.

    (4) **NOTICE OF REJECTION**.\--If the Secretary rejects the
recommendation of a Recreation Resource Advisory Committee, the
Secretary shall issue a notice that identifies the reasons for rejecting
the recommendation to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate not later than 30 days before the Secretary implements a decision
pertaining to that recommendation.

    (5) **COMPOSITION OF THE ADVISORY COMMITTEE**.\--

    (A) **NUMBER**.\--A Recreation Resource Advisory Committee shall be
comprised of 11 members.

    (B) **NOMINATIONS**.\--The Governor and the designated county
official from each county in the relevant State or Region may submit a
list of nominations in the categories described under subparagraph (D).

    (C) **APPOINTMENT**.\--The Secretary may appoint members of the
Recreation Resource Advisory Committee from the list as provided in
subparagraph (B).

    (D) **BROAD AND BALANCED REPRESENTATION**.\--In appointing the
members of a Recreation Resource Advisory Committee, the Secretary shall
provide for a balanced and broad representation from the recreation
community that shall include the following:

    (i) Five persons who represent recreation users and that include, as
appropriate, persons representing the following:

    (I) Winter motorized recreation, such as snowmobiling.

    (II) Winter non-motorized recreation, such as snowshoeing, cross
country and down hill skiing, and snowboarding.

    (III) Summer motorized recreation, such as motorcycles, boaters, and
off-highway vehicles.

    (IV) Summer nonmotorized recreation, such as backpacking, horseback
riding, mountain biking, canoeing, and rafting.

    (V) Hunting and fishing.

    (ii) Three persons who represent interest groups that include, as
appropriate, the following:

    (I) Motorized outfitters and guides.

    (II) Non-motorized outfitters and guides.

    (III) Local environmental groups.

    (iii) Three persons, as follows:

    (I) State tourism official to represent the State.

    (II) A person who represents affected Indian tribes.

    (III) A person who represents affected local government interests.

    (6) **TERM**.\--

    (A) **LENGTH OF TERM**.\--The Secretary shall appoint the members of
a Recreation Resource Advisory Committee for staggered terms of two and
three years beginning on the date of the members are first appointed.
The Secretary may reappoint members to subsequent two- or three-year
terms.

    (B) **EFFECT OF VACANCY**.\--The Secretary shall make appointments
to fill a vacancy on a Recreation Resource Advisory Committee as soon as
practicable after the vacancy has occurred.

    (C) **EFFECT OF UNEXPECTED VACANCY**.\--Where an unexpected vacancy
occurs, the Governor and the designated county officials from each
county in the relevant state shall provide the Secretary with a list of
nominations in the relevant category, as described under paragraph
(5)(D), not later than two months after notification of the vacancy. To
the extent possible, a vacancy shall be filled in the same category and
term in which the original appointment was made.

    (7) **CHAIRPERSON**.\--The chairperson of a Recreation Resource
Advisory Committee shall be selected by the majority vote of the members
of the Committee.

    (8) **QUORUM**.\--Eight members shall constitute a quorum. A quorum
must be present to constitute an official meeting of a Recreation
Resource Advisory Committee.

    (9) **APPROVAL PROCEDURES**.\--A Recreation Resource Advisory
Committee shall establish procedures for making recommendations to the
Secretary. A recommendation may be submitted to the Secretary only if
the recommendation is approved by a majority of the members of the
Committee from each of the categories specified in paragraph (5)(D) and
general public support for the recommendation is documented.

    (10) **COMPENSATION**.\--Members of the Recreation Resource Advisory
Committee shall not receive any compensation.

    (11) **PUBLIC PARTICIPATION IN THE RECREATION RESOURCE ADVISORY
COMMITTEE**.\--

    (A) **NOTICE OF MEETINGS**.\--All meetings of a Recreation Resource
Advisory Committee shall be announced at least one week in advance in a
local newspaper of record and the Federal Register, and shall be open to
the public.

    (B) **RECORDS**.\--A Recreation Resource Advisory Committee shall
maintain records of the meetings of the Recreation Resource Advisory
Committee and make the records available for public inspection.

    (12) **FEDERAL ADVISORY COMMITTEE ACT**.\--A Recreation Resource
Advisory Committee is subject to the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).

    (e) *Miscellaneous Administrative Provisions Regarding Recreation
Fees and Recreation Passes*.\--

    (1) **NOTICE OF ENTRANCE FEES, STANDARD AMENITY RECREATION FEES, AND
PASSES**.\--The Secretary shall post clear notice of any entrance fee,
standard amenity recreation fee, and available recreation passes at
appropriate locations in each unit or area of a Federal land management
agency where an entrance fee or a standard amenity recreation fee is
charged. The Secretary shall include such notice in publications
distributed at the unit or area.

    (2) **NOTICE OF RECREATION FEE PROJECTS**.\--To the extent
practicable, the Secretary shall post clear notice of locations where
work is performed using recreation fee or recreation pass revenues
collected under this Act.

   **SEC. 5. 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.

\[Page: H10391\]

    (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. 460*l*-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.

   **SEC. 6. COOPERATIVE AGREEMENTS.**

    (a) *Fee Management Agreement*.\--Notwithstanding chapter 63 of
title 31, United States Code, the Secretary may enter into a fee
management agreement, including a contract, which may provide for a
reasonable commission, reimbursement, or discount, with the following
entities for the following purposes:

    (1) With any governmental or nongovernmental entity, including those
in a gateway community, for the purpose of obtaining fee collection and
processing services, including visitor reservation services.

    (2) With any governmental or nongovernmental entity, including those
in a gateway community, for the purpose of obtaining emergency medical
services.

    (3) With any governmental entity, including those in a gateway
community, to obtain law enforcement services.

    (b) *Revenue Sharing*.\--A State or legal subdivision of a State
that enters into an agreement with the Secretary under subsection (a)
may share in a percentage of the revenues collected at the site in
accordance with that fee management agreement.

    (c) *County Proposals*.\--The Secretary shall consider any proposal
submitted by a county to provide services described in subsection (a).
If the Secretary decides not to enter into a fee management agreement
with the county under subsection (a), the Secretary shall notify the
county in writing of the decision, identifying the reasons for the
decision. The fee management agreement may include cooperative site
planning and management provisions.

   **SEC. 7. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.**

    (a) *Special Account*.\--The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal land
management agency.

    (b) *Deposits*.\--Subject to subsections (c), (d), and (e), revenues
collected by each Federal land management agency under this Act shall\--

    (1) be deposited in its special account; and

    (2) remain available for expenditure, without further appropriation,
until expended.

    (c) *Distribution of Recreation Fees and Single-Site Agency Pass
Revenues*.\--

    (1) **LOCAL DISTRIBUTION OF FUNDS**.\--

    (A) **RETENTION OF REVENUES**.\--Not less than 80 percent of the
recreation fees and site-specific agency pass revenues collected at a
specific unit or area of a Federal land management agency shall remain
available for expenditure, without further appropriation, until expended
at that unit or area.

    (B) **REDUCTION**.\--The Secretary may reduce the percentage
allocation otherwise applicable under subparagraph (A) to a unit or area
of a Federal land management agency, but not below 60 percent, for a
fiscal year if the Secretary determines that the revenues collected at
the unit or area exceed the reasonable needs of the unit or area for
which expenditures may be made for that fiscal year.

    (2) **AGENCY-WIDE DISTRIBUTION OF FUNDS**.\--The balance of the
recreation fees and site-specific agency pass revenues collected at a
specific unit or area of a Federal land management and not distributed
in accordance with paragraph (1) shall remain available to that Federal
land management agency for expenditure on an agency-wide basis, without
further appropriation, until expended.

    (3) **OTHER AMOUNTS**.\--Other amounts collected at other locations,
including recreation fees collected by other entities or for a
reservation service, shall remain available, without further
appropriation, until expended in accordance with guidelines established
by the Secretary.

    (d) *Distribution of National Parks and Federal Recreational Lands
Pass Revenues*.\--Revenues collected from the sale of the National Parks
and Federal Recreational Lands Pass shall be deposited in the special
accounts established for the Federal land management agencies in
accordance with the guidelines issued under section 5(a)(7).

    (e) *Distribution of Regional Multientity Pass Revenues*.\--Revenues
collected from the sale of a regional multientity pass authorized under
section 5(d) shall be deposited in each participating Federal land
management agency\'s special account in accordance with the terms of the
region multientity pass agreement for the regional multientity pass.

   **SEC. 8. EXPENDITURES.**

    (a) *Use of Fees at Specific Site or Area*.\--Amounts available for
expenditure at a specific site or area\--

    (1) shall be accounted for separately from the amounts collected;

    (2) may be distributed agency-wide; and

    (3) shall be used only for\--

    (A) repair, maintenance, and facility enhancement related directly
to visitor enjoyment, visitor access, and health and safety;

    (B) interpretation, visitor information, visitor service, visitor
needs assessments, and signs;

    (C) habitat restoration directly related to wildlife-dependent
recreation that is limited to hunting, fishing, wildlife observation, or
photography;

    (D) law enforcement related to public use and recreation;

    (E) direct operating or capital costs associated with the recreation
fee program; and

    (F) a fee management agreement established under section 6(a) or a
visitor reservation service.

    (b) *Limitation on Use of Fees*.\--The Secretary may not use any
recreation fees for biological monitoring on Federal recreational lands
and waters under the Endangered Species Act of 1973 for listed or
candidate species.

    (c) *Administration, Overhead, and Indirect Costs*.\--The Secretary
may use not more

\[Page: H10392\]

than an average of 15 percent of total revenues collected under this Act
for administration, overhead, and indirect costs related to the
recreation fee program by that Secretary.

    (d) *Transitional Exception*.\--Notwithstanding any other provision
of this Act, the Secretary may use amounts available in the special
account of a Federal land management agency to supplement administration
and marketing costs associated with\--

    (1) the National Parks and Federal Recreational Lands Pass during
the five-year period beginning on the date the joint guidelines are
issued under section 5(a)(7); and

    (2) a regional multientity pass authorized section 5(d) during the
five-year period beginning on the date the regional multientity pass
agreement for that recreation pass takes effect.

   **SEC. 9. REPORTS.**

    Not later than May 1, 2006, and every three years thereafter, the
Secretary shall submit to the Congress a report detailing the status of
the recreation fee program conducted for Federal recreational lands and
waters, including an evaluation of the recreation fee program, examples
of projects that were funded using such fees, and future projects and
programs for funding with fees, and containing any recommendations for
changes in the overall fee system.

   **SEC. 10. SUNSET PROVISION.**

    The authority of the Secretary to carry out this Act shall terminate
10 years after the date of the enactment of this Act.

   **SEC. 11. VOLUNTEERS.**

    (a) *Authority to Use Volunteers*.\--The Secretary may use
volunteers, as appropriate, to collect recreation fees and sell
recreation passes.

    (b) *Waiver or Discount of Fees; Site-Specific Agency Pass*.\--In
exchange for volunteer services, the Secretary may waive or discount an
entrance fee, standard amenity recreation fee, or an expanded amenity
recreation fee that would otherwise apply to the volunteer or issue to
the volunteer a site-specific agency pass authorized under section 5(c).

    (c) *National Parks and Federal Recreational Lands Pass*.\--In
accordance with the guidelines issued under section 5(a)(7), the
Secretaries may issue a National Parks and Federal Recreational Lands
Pass to a volunteer in exchange for significant volunteer services
performed by the volunteer.

    (d) *Regional Multientity Passes*.\--The Secretary may issue a
regional multientity pass authorized under section 5(d) to a volunteer
in exchange for significant volunteer services performed by the
volunteer, if the regional multientity pass agreement under which the
regional multientity pass was established provides for the issuance of
the pass to volunteers.

   **SEC. 12. ENFORCEMENT AND PROTECTION OF RECEIPTS.**

    (a) *Enforcement Authority*.\--The Secretary concerned shall enforce
payment of the recreation fees authorized by this Act.

    (b) *Evidence of Nonpayment*.\--If the display of proof of payment
of a recreation fee, or the payment of a recreation fee within a certain
time period is required, failure to display such proof as required or to
pay the recreation fee within the time period specified shall constitute
nonpayment.

    (c) *Joint Liability*.\--The registered owner and any occupant of a
vehicle charged with a nonpayment violation involving the vehicle shall
be jointly liable for penalties imposed under this section, unless the
registered owner can show that the vehicle was used without the
registered owner\'s express or implied permission.

    (d) *Limitation on Penalties*.\--The failure to pay a recreation fee
established under this Act shall be punishable as a Class A or Class B
misdemeanor, except that in the case of a first offense of nonpayment,
the fine imposed may not exceed \$100, notwithstanding section 3571(e)
of title 18, United States Code.

   **SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.**

    (a) *Land and Water Conservation Fund Act*.\--Subsections (a), (b),
(c), (d), (e), (f), (g), and (i) of section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460*l*-6a et seq.) are
repealed, except that the Secretary may continue to issue Golden Eagle
Passports, Golden Age Passports, and Golden Access Passports under such
section until the date the notice required by section 5(a)(3) is
published in the Federal Register regarding the establishment of the
National Parks and Federal Recreational Lands Pass.

    (b) *Recreational Fee Demonstration Program*.\--Section 315 of the
Department of the Interior and Related Agencies Appropriations Act, 1996
(as contained in section 101(c) of Public Law 104-134; 16 U.S.C.
460*l*-6a), is repealed.

    (c) *Admission Permits for Refuge Units*.\--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.

    (d) *National Park Passport, Golden Eagle Passport, Golden Age
Passport, and Golden Access Passport*.\--Effective on the date the
notice required by section 5(a)(3) is published in the Federal Register,
the following provisions of law authorizing the establishment of a
national park passport program or the establishment and sale of a
national park passport, Golden Eagle Passport, Golden Age Passport, or
Golden Access Passport are repealed:

    (1) Section 502 of the National Parks Omnibus Management Act of 1998
(Public Law 105-391; 16 U.S.C. 5982).

    (2) Title VI of the National Parks Omnibus Management Act of 1998
(Public Law 105-391; 16 U.S.C. 5991-5995).

    (e) *Treatment of Unobligated Funds*.\--

    (1) **LAND AND WATER CONSERVATION FUND SPECIAL ACCOUNTS**.\--Amounts
in the special accounts established under section 4(i)(1) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460*l*-6a(i)(1)) for
Federal land management agencies that are unobligated on the date of the
enactment of this Act shall be transferred to the appropriate special
account established under section 7 and shall be available to the
Secretary in accordance with this Act. A special account established
under section 4(i)(1) of the Land and Water Conservation Fund Act of
1965 for a Federal agency that is not a Federal land management area,
and the use of such special account, is not affected by the repeal of
section 4 of the Land and Water Conservation Fund Act of 1965 by
subsection (a) of this section.

    (2) **NATIONAL PARKS PASSPORT**.\--Any funds collected under title
VI of the National Parks Omnibus Management Act of 1998 (Public Law
105-391; 16 U.S.C. 5991-5995) that are unobligated on the day before the
publication of the Federal Register notice required under section
5(a)(3) shall be transferred to the special account of the National Park
Service for use in accordance with this Act. The Secretary of the
Interior may use amounts available in that special account to pay any
outstanding administration, marketing, or close-out costs associated
with the national parks passport.

    (3) **RECREATIONAL FEE DEMONSTRATION PROGRAM**.\--Any funds
collected in accordance with section 315 of the Department of the
Interior and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104-134; 16 U.S.C. 460*l*-6a), that are
unobligated on the day before the date of the enactment of this Act
shall be transferred to the appropriate special account and shall be
available to the Secretary in accordance with this Act.

    (4) **ADMISSION PERMITS FOR REFUGE UNITS**.\--Any funds collected in
accordance with section 201 of the Emergency Wetlands Resources Act of
1986 (16 U.S.C. 3911) that are available as provided in subsection
(c)(A) of such section and are unobligated on the day before the date of
the enactment of this Act shall be transferred to the special account of
the United States Fish and Wildlife Service for use in accordance with
this Act.

    (f) *Effect of Regulations*.\--A regulation or policy issued under a
provision of law repealed by this section shall remain in effect to the
extent such a regulation or policy is consistent with the provisions of
this Act until the Secretary issues a regulation, guideline, or policy
under this Act that supersedes the earlier regulation.

   **SEC. 14. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.**

    (a) *Federal and State Laws Unaffected*.\--Nothing in this Act shall
authorize Federal hunting or fishing licenses or fees or charges for
commercial or other activities not related to recreation, affect any
rights or authority of the States with respect to fish and wildlife, or
repeal or modify any provision of law that permits States or political
subdivisions of States to share in the revenues from Federal lands or,
except as provided in subsection (b), any provision of law that provides
that any fees or charges collected at particular Federal areas be used
for or credited to specific purposes or special funds as authorized by
that provision of law.

    (b) *Relation to Revenue Allocation Laws*.\--Amounts collected under
this Act, and the existence of a fee management agreement with a
governmental entity under section 6(a), may not be taken into account
for the purposes of any of the following laws:

    (1) The sixth paragraph under the heading \`\`**FOREST SERVICE**\'\'
in the Act of May 23, 1908 (16 U.S.C. 500).

    (2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly
known as the Weeks Act).

    (3) The fourteenth paragraph under the heading \`\`**FOREST
SERVICE**\'\' in the Act of March 4, 1913 (16 U.S.C. 501).

    (4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1012).

    (5) Title II of the Act of August 8, 1937, and the Act of May 24,
1939 (43 U.S.C. 1181f et seq.).

    (6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).

    (7) Chapter 69 of title 31, United States Code.

    (8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s;
commonly known as the Refuge Revenue Sharing Act).

    (9) The Secure Rural Schools and Community Self-Determination Act of
2000 (Public Law 106-393; 16 U.S.C. 500 note), except that the exception
made for such Act by this subsection is unique and is not intended to be
construed as precedent for amounts collected from the use of Federal
lands under any other provision of law.

    (10) Section 2 of the Boulder Canyon Project Adjustment Act (43
U.S.C. 618a).

    (11) The Federal Water Project Recreation Act (16 U.S.C. 460*l*-12
et seq.).

    (12) The first section of the Act of June 17, 1902, as amended or
supplemented (43 U.S.C. 391).

    (13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly
known as the Mineral Leasing Act).

    (14) Section 4(e) of the Southern Nevada Public Land Management Act
of 1998 (Public Law 105-263; 31 U.S.C. 6901 note).

    (15) Section 5(a) of the Lincoln County Land Act of 2000 (Public Law
106-298; 114 Stat. 1047).

    (16) Any other provision of law relating to revenue allocation.

    (c) *Consideration of Other Funds Collected*.\--Amounts collected
under any other law may not be disbursed under this Act.

    (d) *Sole Recreation Fee Authority*.\--Recreation fees charged under
this Act shall be in lieu of fees charged for the same purposes under
any other provision of law.

    (e) *Fees Charged by Third Parties*.\--Notwithstanding any other
provision of this Act, a third party may charge a fee for providing a
good or service to a visitor of a unit or area of the Federal land
management agencies in accordance with any other applicable law or
regulation.

\[Page: H10393\]

    (f) *Migratory Bird Hunting Stamp Act*.\--Revenues from the stamp
established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp
Act), shall not be covered by this Act.

   **SEC. 15. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.**

   Notwithstanding any other provision of law, fees collected under the
authorities of this Act may not be used for employee bonuses.