SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recreational Fee Authority Act of 
2004''.

SEC. 2. RECREATION FEE AUTHORITY.

    (a) In General.--Beginning on January 1, 2006, the Secretary of the 
Interior (``Secretary'') may establish, modify, charge, and collect 
fees for admission to a unit of the National Park System and the use of 
National Park Service (``Service'') administered areas, lands, sites, 
facilities, and services (including reservations) by individuals and/or 
groups. Fees shall be based on an analysis by the Secretary of--
            (1) the benefits and services provided to the visitor;
            (2) the cumulative effect of fees;
            (3) the comparable fees charged elsewhere and by other 
        public agencies and by nearby private sector operators;
            (4) the direct and indirect cost and benefit to the 
        government;
            (5) public policy or management objectives served;
            (6) economic and administrative feasibility of fee 
        collection; and
            (7) other factors or criteria determined by the Secretary.
    (b) Number of Fees.--The Secretary shall establish the minimum 
number of fees and shall avoid the collection of multiple or layered 
fees for a wide variety of uses, activities or programs.
    (c) Analysis.--The results of the analysis together with the 
Secretary's determination of appropriate fee levels shall be 
transmitted to the Congress at least three months prior to publication 
of such fees in the Federal Register. New fees and any increases or 
decreases in established fees shall be published in the Federal 
Register and no new fee or change in the amount of fees shall take 
place until at least 12 months after the date the notice is published 
in the Federal Register.
    (d) Additional Authorities.--Beginning on January 1, 2006, the 
Secretary may enter into agreements, including contracts to provide 
reasonable commissions or reimbursements with any public or private 
entity for visitor reservation services, fee collection and/or 
processing services.
    (e) Administration.--The Secretary may provide discounted or free 
admission days or use, may modify the National Park Passport, 
established pursuant to Public Law 105-391, and shall provide 
information to the public about the various fee programs and the costs 
and benefits of each program.
    (f) State Agency Admission and Special Use Passes.--Effective 
January 1, 2006, and notwithstanding the Federal Grants Cooperative 
Agreements Act, the Secretary may 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, to State agency annual passes and 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 except where the Secretary has established a fee that 
includes a unit or units located in more than one State.

SEC. 3. DISTRIBUTION OF RECEIPTS.

    Without further appropriation, all receipts collected pursuant to 
the Act or from sales of the National Park Passport shall be retained 
by the Secretary and may be expended as follows:
            (1) 80 percent of amounts collected at a specific area, 
        site, or project as determined by the Secretary, shall remain 
        available for use at the specific area, site or project, except 
        for those units of the National Park System that participate in 
        an active revenue sharing agreement with a State under Section 
        2(f) of this Act, not less than 90 percent of amounts collected 
        at a specific area, site, or project shall remain available for 
        use.
            (2) The balance of the amounts collected shall remain 
        available for use by the Service on a Service-wide basis as 
        determined by the Secretary.
            (3) Monies generated as a result of revenue sharing 
        agreements established pursuant to Section 2(f) may provide for 
        a fee-sharing arrangement. The Service shares of fees shall be 
        distributed equally to all units of the National Park System in 
        the specific States that are parties to the revenue sharing 
        agreement.
            (4) Not less than 50 percent of the amounts collected from 
        the sale of the National Park Passport shall remain available 
        for use at the specific area, site, or project at which the 
        fees were collected and the balance of the receipts 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 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 total 
revenues 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 effects.

SEC. 5. REPORTS.

    On January 1, 2009, and every three years thereafter the Secretary 
shall submit to the Congress a report detailing the status of the 
Recreation Fee Program conducted in units of the National Park System 
including an evaluation of the Recreation Fee Program conducted at each 
unit of the National Park System; a description of projects that were 
funded, work accomplished, and future projects and programs for funding 
with fees, and any recommendations for changes in the overall fee 
system.

            Passed the Senate May 19, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
Recreational Fee Authority Act of 2004 - (Sec. 2) Authorizes the Secretary of the Interior, beginning on January 1, 2006, to establish, modify, charge, and collect fees for: (1) admission to a unit of the National Park System (NPS); and (2) the use of National Park Service administered areas, lands, sites, facilities, and services by individuals and/or groups.

 Requires fees to be based on an analysis of specified factors, including: (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the Government; (5) public policy or management objectives served; and (6) economic and administrative feasibility of fee collection.

 Directs the Secretary to establish the minimum number of fees and avoid the collection of multiple or layered fees. Requires: (1) the results of the analysis together with the Secretary's determination of appropriate fee levels to be transmitted to Congress at least three months prior to publication of such fees in the Federal Register; and (2) proposed new fees or changes to be published in the Federal Register and prohibits them from taking effect for 12 months after the date the notice is published.

Authorizes the Secretary to: (1) enter into agreements, beginning on January 1, 2006, with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) provide discounted or free admission days or use, modify the National Park Passport, and provide information to the public about various fee programs and program costs and benefits; and (3) enter into revenue sharing agreements with State agencies, effective January 1, 2006, to accept their annual passes for NPs units within the State.

(Sec. 3) Requires, without further appropriation, all receipts collected pursuant to this Act or from sales of the Passport to be retained by the Secretary and permits expenditure of such sums as follows: (1) 80 percent of amounts collected at a specific area, site, or project (area) shall remain available for use at the specific area, except for those NPS units that participate in an active revenue sharing agreement with a State (in which case not less than 90 percent of amounts collected at a specific area shall remain available for use); (2) the balance of the amounts collected shall remain available for use by the National Park Service on a Service-wide basis; (3) monies generated as a result of revenue sharing agreements may provide for a fee-sharing arrangement (with the Service shares of fees being distributed equally to all NPS units in the specific States that are parties to the agreement); and (4) not less than 50 percent of the amounts collected from the sale of the Passport shall remain available for use at the specific area at which the fees were collected and the balance of the receipts shall be distribution as specified.

(Sec. 4) Provides that amounts available for expenditure at a specific area 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.

Limits the Secretary to using 15 percent of total revenues 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, startup costs, and analysis and reporting on program accomplishments and effects.

(Sec. 5) Directs the Secretary, on January 1, 2009, and every three years thereafter, to submit to Congress a report detailing the status of the Recreation Fee Program conducted in NPS units, including: (1) an evaluation of the Program conducted at each unit; (2) a description of projects that were funded, work accomplished, and future projects and programs for funding with fees; and (3) any recommendations for changes in the overall fee system.
A bill to enhance the Recreational Fee Demonstration Program for the National Park Service, and for other purposes.