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[House Report 108-790]
[From the U.S. Government Publishing Office]

108th Congress                                            Rept. 108-790
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
                FEDERAL LANDS RECREATION ENHANCEMENT ACT

                                _______
                                

               November 19, 2004.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3283]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3283) to improve recreational facilities and visitor 
opportunities on Federal recreational lands by reinvesting 
receipts from fair and consistent recreational fees and passes, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act 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 Repeal of superseded admission and use fee authorities.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. 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 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(c).
          (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 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, or local government business.
                  (K) For special attention or extra services necessary 
                to meet the needs of the disabled.
          (2) Treatment of entities paying certain fees.--An entity 
        that pays a special recreation permit fee or similar permit fee 
        shall not be subject to additional fees, other than a cost 
        recovery fee associated with the special recreation permit fee 
        or similar permit fee or a road cost-sharing fee charged under 
        another law, for the use of highways or roads open to private 
        noncommercial use within the exterior boundaries of any Federal 
        recreational lands and waters.
          (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. 410-2), 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.
                  (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 charge a 
special recreation permit fee for uses such as group activities, 
recreation events, motorized recreation vehicle use, and other 
specialized recreation uses of Federal recreational lands and waters.

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 shall 
                establish a Recreation Resource Advisory Committee in 
                each State or region for the Forest Service and the 
                Bureau of Land Management to advise the Secretary, as 
                described in paragraph (2), regarding the establishment 
                of a standard amenity recreation fee or expanded 
                amenity recreation fee.
                  (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.--A Recreation Resource Advisory Committee may 
        make suggestions and recommendations to the Secretary--
                  (A) related to public concerns in the State or region 
                covered by the Committee;
                  (B) concerning the implementation of a recreation 
                fee, the elimination of a recreation fee, or the 
                establishment of a specific recreation fee site in the 
                State or region covered by the Committee; and
                  (C) concerning the expansion and limitations of the 
                recreation fee program to new areas and concerning the 
                fee to be charged, provided that the Committee can 
                document general public support for such a change.
          (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 denial.--If the Secretary denies the 
        recommendation of a Recreation Resource Advisory Committee, the 
        Secretary shall issue a notice that identifies the reasons for 
        rejecting the recommendations 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 
                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.
          (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. 
        460l-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, that can provide for reasonable 
commission, reimbursement, or discount, with any governmental or 
nongovernmental entity, including those in a gateway community, to 
provide a fee collection and processing service, including visitor 
reservation services, emergency medical services, the sale of passes, 
or marketing. An agreement under this subsection with a governmental 
entity may also provide for the provision of law enforcement services.
  (b) Revenue Sharing.--A State or legal subdivision 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 to 
provide a fee collection and processing service under subsection (a) 
submitted by a county. 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 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 through 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 
multientity 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-
                dependant recreation that is limited to hunting, 
                fishing, wildlife observation, or photography;
                  (D) law enforcement related to public use and 
                recreation; and
                  (E) direct operating or capital costs associated with 
                the recreation fee program.
  (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 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 a 
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. 460l-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. 
460l-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. 460l-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. 
        460l-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 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. 
        460l-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.
  (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.

                          Purpose of the Bill

    The purpose of H.R. 3283 is to improve recreational 
facilities and visitor opportunities on federal recreational 
lands by reinvesting receipts from fair and consistent 
recreational fees and passes, and for other purposes.

                  Background and Need for Legislation

    Congress authorized, via the Fiscal Year 1996 Interior 
Appropriations Act (Section 315 of Public Law 104-134), the 
implementation of the Recreation Fee Demonstration Program 
(``Fee Demo Program''). The program provides the National Park 
Service (NPS), the Bureau of Land Management (BLM), the U.S. 
Department of Agriculture Forest Service (USFS), and the U.S. 
Fish and Wildlife Service (FWS) with the authority to test a 
variety of new fees and to retain the majority of the revenue 
raised for local management purposes. Prior to the Fee Demo 
Program, several different statues gave the agencies authority 
to collect fees. The difference between the Fee Demo Program 
and other fee authorities is that Fee Demo provides the 
agencies with the flexibility to test different types of fees 
and retain most of the revenue at the site where the fee was 
collected. The program allows 80% of the revenues to be 
retained in the unit where they are collected. The other 20% of 
the revenue is sent back to the General Treasury and is used on 
an agency-wide basis under the discretion of the appropriate 
Secretary. To date, over $900 million in Fee Demo funds have 
been collected by the agencies.
    The primary objectives for all the agencies was to raise 
revenues to eliminate the backlog of deferred maintenance, 
increase the quality and quantity of visitor services, provide 
critical resource protection, and meet other high-priority 
needs. Congress recognized that the program was primarily 
developed in response to the land management agencies' concern 
over their growing backlog maintenance needs. Backlogged 
maintenance and infrastructure needs for these agencies is 
substantial, and estimates reach into the billions of dollars.
    At the beginning of Fiscal Year (FY) 2002, NPS had 233 Fee 
Demo projects; FWS had 104 projects; BLM had 100 projects; and 
USFS had 92 projects under the program. Because one of the 
major goals of the Fee Demo program was to delegate 
responsibility for spending fee revenues to project and site 
managers, discretion in establishing priority and guidelines 
for the allocation and spending of revenue has largely been 
entrusted to these managers. All of the agencies currently 
participating in the program have guidelines in place to govern 
the Fee Demo projects. After evaluating the Fee Demo Program, 
the agencies found that fees are a very useful revenue raising 
tool. Over $175 million dollars were collected in FY 2002 under 
the Fee Demo program. Fee demo revenues have increased in the 
BLM, have held steady in the FWS and the USFS, while declining 
slightly for the NPS. A majority of approved revenue projects 
address the backlog of deferred maintenance.
    A major concern with implementing the Fee Demo Program was 
the possibility of creating an unreasonable barrier to public 
use. The agencies have concluded that fees do not present such 
a barrier to public use. Visitation to recreation sites 
participating in the Fee Demo Program appears unaffected in any 
significant way due to the implementation of new fees. The 
total visitors to Fee Demo sites in FY 2002 was 252 million for 
Department of the Interior sites. Research indicates that new 
fees altered a very small percentage of visitation decisions 
across the full spectrum of income levels, as recreation fees 
are such a small part of the overall expense for a visit to a 
recreation site that indeed, they play almost no role in the 
decision-making process. In response to concerns that the fees 
create barriers to public use, mitigation measures such as 
providing reasonably priced annual passes and free days have 
been put in place.
    Undoubtedly, the visitor experience is paramount, and one 
of the main purposes of H.R. 3283 and the Fee Demo Program is 
to enhance the visitor experience by investing fees in 
improving recreation opportunities. The agencies continue to 
improve how quickly recreation fee revenues for projects are 
approved and obligated. Further, they track obligations by 
project category using a four-category sorting system. These 
project categories include: visitor services, resource 
protection, health and safety maintenance, and other. In FY 
2002, $159 million of Fee Demo revenues were obligated for 
projects within these categories. The aggregate of all four 
agency collection costs since the program's inception have 
averaged approximately 20%. In some cases, the agencies agree 
that collection efficiency needs to be increased. However, 
concluded that, high collection costs which occur at particular 
locations, does not mean that costs are not appropriate.
    H.R. 3283 would implement a permanent federal recreation 
fee collection system for recreation opportunities intended to 
enhance visitor experience by investing fees in improving 
recreation opportunities and technology. The legislation would 
direct the Secretaries of the Interior and Agriculture to 
establish fair and equitable recreation fees at areas of 
substantial agency investment. The Secretaries would be 
directed to take into consideration the cost and benefit to the 
federal government as well as the visitor. H.R. 3283 would 
authorize three fees--``Basic'' recreation fee, ``Expanded'' 
recreation fee, and ``Special'' recreation fee--and includes 
specific restrictions to ensure that any established fee would 
be for managed recreation purposes that contain substantial 
federal investment for the visitor.
    The legislation was drafted to encourage streamlining, 
simplifying and improving the recreation fee program and the 
interagency National Pass Program. To fulfill this purpose of 
the bill, the proposed legislation introduces the ``America the 
Beautiful--The National Parks and Federal Recreational Lands 
Pass Program.'' The ``America the Beautiful Pass'' would cover 
any basic recreation fee at all units or areas for which a 
basic recreation fee is charged, the price being set jointly by 
the Secretaries. The Pass would be provided to citizens 62 
years or older for ten dollars and would be provided free of 
charge to any citizen permanently disabled.
    The bill also affords the Secretaries the ability to 
jointly enter into cooperative agreements with government and 
non-governmental entities for the development and 
implementation of the National Parks and Federal Lands Pass 
Program. Congress intended the Fee Demo program to encourage 
collaboration within federal agencies and among federal and 
non-federal entities. In November 1998 the General Accounting 
Office reported that there were a number of instances where 
agencies had implemented collaborative approaches to collecting 
fees that resulted in greater convenience to the public and 
improved efficiency to the agencies. The public benefits from 
collaborative efforts that minimize multiple fees, or allow 
visitors to pay asingle fee or coordinate fee arrangements for 
entrance into adjacent recreation areas operated by different agencies 
or levels of government.

                            Committee Action

    H.R. 3283 was introduced on October 8, 2003, by Congressman 
Ralph Regula (R-OH). The bill was primarily referred to the 
Committee on Resources, and additionally to the Committee on 
Agriculture. Within the Committee on Resources, the bill was 
referred to the Subcommittees on National Parks, Recreation and 
Public Lands; Forest and Forest Health; Fisheries Conservation, 
Wildlife and Oceans; and Water and Power. On May 6, 2004, the 
Subcommittee on National parks, Recreation and Public Lands 
held a hearing on the bill. On September 22, 2004, the Full 
Resources Committee met to consider the bill. The Subcommittees 
all were discharged from further consideration of the bill by 
unanimous consent. Congressman Richard Pombo (R-CA) offered an 
amendment in the nature of a substitute that made a number of 
changes to the original text.
    First, the amendment clarified where a fee may and may not 
be charged while also establishing types of fees. This section 
was overly prescriptive to alleviate concerns of those who no 
longer trust certain federal land management agencies with the 
recreation fee authority. For example, the amendment made clear 
that the USFS and the BLM will not be permitted to charge 
solely for parking, scenic pullouts, and other non-developed 
areas while the NPS and the FWS may continue to charge an 
entrance fee.
    Second, the amendment added a new section of the bill that 
would establish Recreation Advisory Committees (or RACs), which 
would ensure public participation in the decision making 
process when it comes to recreation fees and sites. These RACs 
would be composed of a balanced and broad representation from 
the recreation community as well as local government. The RACs 
would make recommendations to the relevant Secretary regarding 
the establishment, elimination, or adjustment of a fee. Should 
the Secretary not accept a RAC's recommendation, the Secretary 
must issue a notice identifying the reasons for rejection to 
the Resources Committee no later than 30 days before 
implementing a decision.
    Third, the amendment would consolidate passes, creating a 
federal lands pass that would cover any entrance fee and 
standard amenity fee charged at a recreational site. There 
would be no change to the current age or disability discounted 
pass program. The Secretary would also have the authority to 
develop site-specific or regional multientity passes.
    Fourth, for those jurisdictions that contain national 
forests, the amendment addressed those instances where 25% of 
the fees collected are to be granted to the counties in which 
the national forest is located. The amendment allows counties 
to petition the Secretary of Agriculture to enter into a fee 
management agreement and requires the Secretary to respond in 
writing if the offer is not accepted.
    Finally, the amendment clarifies the expenditures of the 
bill by making clear that fees collected are limited to very 
specific purposes that directly benefit the visitor. No funds 
under the bill, for example, could be used for any biological 
monitoring on federal recreational lands under the Endangered 
Species Act for listed or candidate species. The amendment 
authorizes the fee authority for ten years.
    Congressman Rick Renzi (R-AZ) offered an amendment to the 
Pombo amendment in the nature of a substitute. The Renzi 
amendment would prohibit the Secretaries from charging a 
standard or expanded amenity fee to persons horseback riding 
through federal lands administered by BLM or USFS without using 
the facilities or services. The amendment was adopted by 
unanimous consent.
    No further amendments were offered. The Pombo amendment in 
the nature of a substitute, as amended, was adopted by voice 
vote. The bill, as amended, was ordered favorably reported to 
the House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The Committee on Resources 
believes that enactment of this bill would not alter the 
existing budgetary impact of recreational fees charged in 
connection with federal public lands by a significant amount 
given the existing program.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. The 
bill will provide for the collection of fees, resulting in 
revenue to the United States. The bill also authorizes the 
direct expenditure of a portion of these fees by the charging 
agencies.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

     SECTION 4 OF THE LAND AND WATER CONSERVATION FUND ACT OF 1965

         [admission and use fees; establishment and regulations

  [Sec. 4. (a) Admission Fees.--Entrance or admission fees 
shall be charged only at designated units of the National Park 
System or National Conservation Areas administered by the 
Department of the Interior and National Recreation Areas, 
National Monuments, National Volcanic Monuments, National 
Scenic Areas, and no more than 21 areas of concentrated public 
use administered by the Department of Agriculture. For purposes 
of this subsection, the term ``area of concentrated public 
use'' means an area that is managed primarily for outdoor 
recreation purposes, contains at least one major recreation 
attraction, where facilities and services necessary to 
accommodate heavy public use are provided, and public access to 
the area is provided in such a manner that admission fees can 
be efficiently collected at one or more centralized locations. 
No admission fees of any kind shall be charged or imposed for 
entrance into any other federally owned areas which are 
operated and maintained by a Federal agency and used for 
outdoor recreation purposes.
          [(1)(A)(i) For admission into any such designated 
        area, an annual admission permit (to be known as the 
        Golden Eagle Passport) shall be available, for a fee of 
        not more than $25. The permittee and any person 
        accompanying him in a single, private noncommercial 
        vehicle, or alternatively, the permittee and his 
        spouse, children, and parents accompanying him where 
        entry to the area is by any means other than private, 
        noncommercial vehicle, shall be entitled to general 
        admission into any area designated pursuant to this 
        subsection. The annual permit shall be valid for a 
        period of 12 months from the date the annual fee is 
        paid. The annual permit shall not authorize any uses 
        for which additional fees are charged pursuant to 
        subsections (b) and (c) of this section. The annual 
        permit shall be nontransferable and the unlawful use 
        thereof shall be punishable in accordance with 
        regulations established pursuant to subsection (e). The 
        annual permit shall be available for purchase at any 
        such designated area.
          [(ii) The Secretary of the Interior and the Secretary 
        of Agriculture may authorize businesses, nonprofit 
        entities, and other organizations to sell and collect 
        fees for the Golden Eagle Passport subject to such 
        terms and conditions as the Secretaries may jointly 
        prescribe. The Secretaries shall develop detailed 
        guidelines for promotional advertising of non-Federal 
        Golden Eagle Passport sales and shall monitor 
        compliance with such guidelines. The Secretaries may 
        authorize the sellers to withhold amounts up to, but 
        not exceeding 8 percent of the gross fees collected 
        from the sale of such passports as reimbursement for 
        actual expenses of the sales. Receipts from such non-
        Federal sales of the Golden Eagle Passport shall be 
        deposited into the special account established in 
        subsection (i), to be allocated between the Secretary 
        of the Interior and the Secretary of Agriculture in the 
        same ratio as receipts from admission into Federal fee 
        areas administered by the Secretary of Agriculture and 
        the Secretary of the Interior pursuant to subsection 
        (a).
          [(B) For admission into a specific designated unit of 
        the National Park System, or into several specific 
        units located in a particular geographic area, the 
        Secretary is authorized to make available an annual 
        admission permit for a reasonable fee. The fee shall 
        not exceed $15 regardless of how many units of the park 
        system are covered. The permit shall convey the 
        privileges of, and shall be subject to the same terms 
        and conditions as, the Golden Eagle Passport, except 
        that it shall be valid only for admission into the 
        specific unit or units of the National Park System 
        indicated at the time of purchase.
          [(2) Reasonable admission fees for a single visit at 
        any designated area shall be established by the 
        administering Secretary for persons who choose not to 
        purchase the annual permit. A ``single visit'' means 
        more or less continuous stay within a designated area. 
        Payment of a single visit admission fee shall authorize 
        exits from and reentries to a single designated area 
        for a period of from one to fifteen days, such period 
        to be defined for each designated area by the 
        administering Secretary based upon a determination of 
        the period of time reasonably and ordinarily necessary 
        for such a single visit. The fee for a single-visit 
        permit at any designated area applicable to those 
        persons entering by private, noncommercial vehicle 
        shall be no more than $5 per vehicle. The single-visit 
        permit shall admit the permittee and all persons 
        accompanying him in a single vehicle. The fee for a 
        single-visit permit at any designated area applicable 
        to those persons entering by any means other than a 
        private noncommercial vehicle shall be no more than $3 
        per person. Except as otherwise provided in this 
        subsection, the maximum fee amounts set forth in this 
        paragraph shall apply to all designated areas.
          [(3) No admission fee shall be charged 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, 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 the area. 
        Nor shall any fee be charged for travel by private, 
        noncommercial vehicle over any road or highway to any 
        land in which such person has any property right if 
        such land is within any such designated area. In the 
        Smoky Mountains National Park, unless fees are charged 
        for entrance into said park on main highways and 
        thoroughfares, fees shall not be charged for entrance 
        on other routes into said park or any part thereof. 
        Notwithstanding any other provision of this Act, no 
        admission fee may be charged at any unit of the 
        National Park System which provides significant outdoor 
        recreation opportunities in an urban environment and to 
        which access is publicly available at multiple 
        locations.
          [(4) The Secretary of the Interior and the Secretary 
        of Agriculture shall establish procedures providing for 
        the issuance of a lifetime admission permit (to be 
        known as the ``Golden Age Passport'') to any citizen 
        of, or person domiciled in, the United States sixty-two 
        years of age or older applying for such permit. Such 
        permit shall be nontransferable, shall be issued for a 
        one-time charge of $10, and shall entitle the permittee 
        and any person accompanying him in a single, private, 
        noncommercial vehicle, or alternatively, the permittee 
        and his spouse and children accompanying him where 
        entry to the area is by any means other than private, 
        noncommercial vehicle, to general admission into any 
        area designated pursuant to this subsection. No other 
        free permits shall be issued to any person: Provided, 
        That no fees of any kind shall be collected from any 
        persons who have a right of access for hunting or 
        fishing privileges under a specific provision of law or 
        treaty or who are engaged in the conduct of official 
        Federal, State, or local Government business and 
        Provided further, That for no more than three years 
        after the date of enactment of this Act, visitors to 
        the United States will be granted entrance, without 
        charge, to any designated admission fee area upon 
        presentation of a valid passport.
          [(5) The Secretary of the Interior and the Secretary 
        of Agriculture shall establish procedures providing for 
        the issuance of a lifetime admission permit to any 
        citizen of, or person domiciled in, the United States, 
        if such citizen or person applies for such permit, and 
        is blind or permanently disabled. Such procedures shall 
        assure that such permit shall be issued only to persons 
        who have been medically determined to be blind or 
        permanently disabled for purposes of receiving benefits 
        under Federal law as a result of said blindness or 
        permanent disability as determined by the Secretaries. 
        Such permit shall be nontransferable, shall be issued 
        without charge, and shall entitle the permittee and any 
        person accompanying him in a single, private, 
        noncommercial vehicle, or alternatively, the permittee 
        and his spouse and children accompanying him where 
        entry to the area is by any means other than private, 
        noncommercial vehicle, to general admission into any 
        area designated pursuant to this subsection.
          [(6)(A) No later than 60 days after the date of 
        enactment of this paragraph, the Secretary of the 
        Interior shall submit to the Committee on Interior and 
        Insular Affairs of the United States House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the United States Senate a report on the 
        entrance fees proposed to be charged at units of the 
        National Park System. The report shall include a list 
        of units of the National Park System and the entrance 
        fee proposed to be charged at each unit. The Secretary 
        of the Interior shall include in the report an 
        explanation of the guidelines used in applying the 
        criteria in subsection (d).
          [(B) Following submittal of the report to the 
        respective committees, any proposed changes to matters 
        covered in the report, including the addition or 
        deletion of park units or the increase or decrease of 
        fee levels at park units shall not take effect until 60 
        days after notice of the proposed change has been 
        submitted to the committees.
          [(7) No admission fee may be charged at any unit of 
        the National Park System for admission of any person 16 
        years of age or less.
          [(8) No admission fee may be charged at any unit of 
        the National Park System for admission of organized 
        school groups or outings conducted for educational 
        purposes by schools or other bona fide educational 
        institutions.
          [(9) No admission fee may be charged at the following 
        units of the National Park System: U.S.S. Arizona 
        Memorial, Independence National Historical Park, any 
        unit of the National Park System within the District of 
        Columbia, Arlington House--Robert E. Lee National 
        Memorial, San Juan National Historic Site, and 
        Canaveral National Seashore.
          [(10) For each unit of the National Park System where 
        an admission fee is collected, the Director shall 
        annually designate at least one day during periods of 
        high visitation as a ``Fee-Free Day'' when no admission 
        fee shall be charged.
          [(11) In the case of the following parks, the fee for 
        a single-visit permit applicable to those persons 
        entering by private, noncommercial vehicle (the 
        permittee and all persons accompanying him in a single 
        vehicle) shall be no more than $10 per vehicle and the 
        fee for a single-visit permit applicable to persons 
        entering by any means other than a private 
        noncommercial vehicle shall be no more than $5 per 
        person: Yellowstone National Park and Grand Teton 
        National Park and after the end of fiscal year 1990, 
        Grand Canyon National Park. In the case of Yellowstone 
        and Grand Teton, a single-visit fee collected at one 
        unit shall also admit the vehicle or person who paid 
        such fee for a single-visit to the other unit.
          [(12) Notwithstanding section 203 of the Alaska 
        National Interest Lands Conservation Act, the Secretary 
        may charge an admission fee under this section at 
        Denali National Park and Preserve in Alaska.  
  [(b) Recreation Use Fees.--Each Federal agency developing, 
administering, providing or furnishing at Federal expense, 
specialized outdoor recreation sites, facilities, equipment, or 
services shall, in accordance with this subsection and 
subsection (d) of this section, provide for the collection of 
daily recreation use fees at the place of use or any reasonably 
convenient location: Provided, That in no event shall there be 
a charge by any such agency for the use, either singly or in 
any combination, of drinking water, wayside exhibits, roads, 
overlook sites, visitors' centers, scenic drives, or toilet 
facilities, nor shall there be any such charge solely for the 
use of picnic tables: Provided, That in no event shall there be 
a charge for the use of any campground not having a majority of 
the following: tent or trailer spaces, picnic tables, drinking 
water, access road, refuse containers, toilet facilities, 
personal collection of the fee by an employee or agent of the 
Federal agency operating the facility, reasonable visitor 
protection, and simple devices for containing a campfire (where 
campfires are permitted). For the purposes of this subsection, 
the term ``specialized outdoor recreation sites'' includes, but 
is not limited to, campgrounds, swimming sites, boat launch 
facilities, and managed parking lots. Any Golden Age Passport 
permittee, or permittee under paragraph (5) of subsection (a) 
of this section, shall be entitled upon presentation of such 
permit to utilize such special recreation facilities at a rate 
of 50 per centum of the established use fee.
  [(c) Recreation Permits.--Special recreation permits for uses 
such as group activities, recreation events, motorized 
recreation vehicles, and other specialized recreation uses may 
be issued in accordance with procedures and at fees established 
by the agency involved.
  [(d) All fees established pursuant to this section shall be 
fair and equitable, taking into consideration the direct and 
indirect cost to the Government, the benefits to the recipient, 
the public policy or interest served, the comparable recreation 
fees charged by non-Federal public agencies, the economic and 
administrative feasibility of fee collection and other 
pertinent factors. Clear notice that a fee has been established 
pursuant to this section shall be prominently posted at each 
area and at appropriate locations therein and shall be included 
in publications distributed at such areas. It is the intent of 
this Act that comparable fees should be charged by the several 
Federal agencies for comparable services and facilities.
  [(e) In accordance with the provisions of this section, the 
heads of appropriate departments and agencies may prescribe 
rules and regulations for areas under their administration for 
the collection of any fee established pursuant to this section. 
Persons authorized by the heads of such Federal agencies to 
enforce any such rules or regulations issued under this 
subsection may, within areas under the administration or 
authority of such agency head and with or, if the offense is 
committed in his presence, without a warrant, arrest any person 
who violates such rules and regulations. Any person so arrested 
may be tried and sentenced by the United States magistrate 
specifically designated for that purpose by the court by which 
he was appointed, in the same manner and subject to the same 
conditions as provided in title 18, United States Code, section 
3401, subsections (b), (c), (d), and (e), as amended. Any 
violations of the rules and regulations issued under this 
subsection shall be punishable by a fine of not more than $100.
  [(f) The head of any Federal agency, under such terms and 
conditions as he deems appropriate, may contract with any 
public or private entity to provide visitor reservation 
services. Any such contract may provide that the contractor 
shall be permitted to deduct a commission to be fixed by the 
agency head from the amount charged the public for providing 
such services and to remit the net proceeds therefrom to the 
contracting agency.
  [(g) Nothing in this Act shall authorize Federal hunting or 
fishing licenses or fees or charges for commercial or other 
activities not related to recreation, nor shall it affect any 
rights or authority of the States with respect to fish and 
wildlife, nor shall it repeal or modify any provision of law 
that permits States or political subdivisions to share in the 
revenues from Federal lands or any provision of law that 
provides that any fees or charges collected at particular 
Federal areas shall be used for or credited to specific 
purposes or special funds as authorized by that provision of 
law.
  [(i)(1)(A) Except in the case of fees collected by the United 
States Fish and Wildlife Service or the Tennessee Valley 
Authority, all receipts from fees collected pursuant to this 
section by any Federal agency (or by any public or private 
entity under contract with a Federal agency) shall be covered 
into a special account for that agency established in the 
Treasury of the United States. Fees collected by the Secretary 
of Agriculture pursuant to this subsection shall continue to be 
available for the purposes of distribution to States and 
counties in accordance with applicable law.
  [(B) Notwithstanding subparagraph (A), in any fiscal year, 
the Secretary of Agriculture and the Secretary of the Interior 
may withhold from the special account established under 
subparagraph (A) such portion of all receipts collected from 
fees imposed under this section in such fiscal year as the 
Secretary of Agriculture or the Secretary of the Interior, as 
appropriate, determines to be equal to the fee collection costs 
for that fiscal year: Provided, That such costs shall not 
exceed 15 percent of all receipts collected from fees imposed 
under this section in that fiscal year. The amounts so withheld 
shall be retained by the Secretary of Agriculture or the 
Secretary of the Interior, as appropriate, and shall be 
available, without further appropriation, for expenditure by 
the Secretary concerned to cover fee collection costs in that 
fiscal year. The Secretary concerned shall deposit into the 
special account established pursuant to subparagraph (A) any 
amounts so retained which remain unexpended and unobligated at 
the end of the fiscal year. For the purposes of this 
subparagraph, for any fiscal year, the term ``fee collection 
costs'' means those costs for personnel and infrastructure 
directly associated with the collection of fees imposed under 
this section.
    [(C) Units at Which Entrance Fees or Admissions Fees Cannot 
Be Collected.--
          [(i) Withholding of amounts.--Notwithstanding 
        subparagraph (A), section 315(c) of section 101(c) of 
        the Omnibus Consolidated Recessions and Appropriations 
        Act of 1996 (16 U.S.C. 460l-6a note; Public Law 104-
        134), or section 107 of the Department of the Interior 
        and Related Agencies Appropriations Act, 1998 (16 
        U.S.C. 460l-6a note; Public Law 105-83), the Secretary 
        of the Interior shall withhold from the special account 
        under subparagraph (A) 100 percent of the fees and 
        charges collected in connection with any unit of the 
        National Park System at which entrance fees or 
        admission fees cannot be collected by reason of deed 
        restrictions.
          [(ii) Use of amounts.--Amounts withheld under clause 
        (i) shall be retained by the Secretary and shall be 
        available, without further Act of appropriation, for 
        expenditure by the Secretary for the unit with respect 
        to which the amounts were collected for the purposes of 
        enhancing the quality of the visitor experience, 
        protection of resources, repair and maintenance, 
        interpretation, signage, habitat or facility 
        enhancement, resource preservation, annual operation 
        (including fee collection), maintenance, and law 
        enforcement.
  [(2) Amounts covered into the special account for each agency 
during each fiscal year shall, after the end of such fiscal 
year, be available for appropriation solely for the purposes 
and in the manner provided in this subsection. No funds shall 
be transferred from fee receipts made available under this Act 
to each unit of the national park system: Provided, however, 
That in making appropriations, funds derived from such fees may 
be used for any purpose authorized therein. Funds credited to 
the special account shall remain available until expended.
  [(3) For agencies other than the National Park Service, such 
funds shall be made available for resource protection, 
research, interpretation, and maintenance activities related to 
resource protection in areas managed by that agency at which 
outdoor recreation is available. To the extent feasible, such 
funds should be used for purposes (as provided for in this 
paragraph) which are directly related to the activities which 
generated the funds, including but not limited to water-based 
recreational activities and camping.
  [(4) Amounts covered into the special account for the 
National Park Service shall be allocated among park system 
units in accordance with subsection (j) for obligation or 
expenditure by the Director of the National Park Service for 
the following purposes:
          [(A) In the case of receipts from the collection of 
        admission fees: for resource protection, research, and 
        interpretation at units of the National Park System.
          [(B) In the case of receipts from the collection of 
        user fees: for resource protection, research, 
        interpretation, and maintenance activities related to 
        resource protection at units of the National Park 
        System.]
          * * * * * * *
                              ----------                              

  SECTION 315 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1996

  [Sec. 315. Recreational Fee Demonstration Program.--(a) The 
Secretary of the Interior (acting through the Bureau of Land 
Management, the National Park Service and the United States 
Fish and Wildlife Service) and the Secretary of Agriculture 
(acting through the Forest Service) shall each implement a fee 
program to demonstrate the feasibility of user-generated cost 
recovery for the operation and maintenance of recreation areas 
or sites and habitat enhancement projects on Federal lands.
  [(b) In carrying out the pilot program established pursuant 
to this section, the appropriate Secretary shall select from 
areas under the jurisdiction of each of the four agencies 
referred to in subsection (a) areas, sites or projects for fee 
demonstration. For each such demonstration, the Secretary, 
notwithstanding any other provision of law--
          [(1) shall charge and collect fees for admission to 
        the area or for the use of outdoor recreation sites, 
        facilities, visitor centers, equipment, and services by 
        individuals and groups, or any combination thereof;
          [(2) shall establish fees under this section based 
        upon a variety of cost recovery and fair market 
        valuation methods to provide a broad basis for 
        feasibility testing, including the provision of 
        discounted or free admission or use as the Secretary 
        considers appropriate;
          [(3) may contract, including provisions for 
        reasonable commissions, with any public or private 
        entity to provide visitor services, including 
        reservations and information, and may accept services 
        of volunteers to collect fees charged pursuant to 
        paragraph (1);
          [(4) may encourage private investment and 
        partnerships to enhance the delivery of quality 
        customer services and resource enhancement, and provide 
        appropriate recognition to such partners or investors; 
        and
          [(5) may assess a fine of not more than $100 for any 
        violation of the authority to collect fees for 
        admission to the area or for the use of outdoor 
        recreation sites, facilities, visitor centers, 
        equipment, and services.
  [(c)(1) Amounts collected at each fee demonstration area, 
site or project shall be distributed as follows:
          [(A) Eighty percent to a special account in the 
        Treasury for use without further appropriation, by the 
        agency which administers the site, to remain available 
        for expenditure in accordance with paragraph (2)(A).
          [(B) Twenty percent to a special account in the 
        Treasury for use without further appropriation, by the 
        agency which administers the site, to remain available 
        for expenditure in accordance with paragraph (2)(B).
          [(C) For agencies other than the Fish and Wildlife 
        Service and the National Park Service, up to 15% of 
        current year collections of each agency, but not 
        greater than fee collection costs for that fiscal year, 
        to remain available for expenditure without further 
        appropriation in accordance with paragraph (2)(C).
          [(D) For agencies other than the Fish and Wildlife 
        Service, the balance to the special account established 
        pursuant to subparagraph (A) of section 4(i)(1) of the 
        Land and Water Conservation Fund Act, as amended.
          [(E) For the Fish and Wildlife Service, the balance 
        shall be available to the Secretary of the Interior 
        until expended to be used in accordance with clauses 
        (i), (ii), and (iii) of section 201(c)(A) of the 
        Emergency Wetlands Resources Act of 1986 (16 U.S.C. 
        3911(c)(A)).
  [(2)(A) Expenditures from site specific special funds shall 
be for further activities of the area, site or project from 
which funds are collected, and shall be accounted for 
separately.
  [(B) Expenditures from agency specific special funds shall be 
for use on an agency-wide basis and shall be accounted for 
separately.
  [(C) Expenditures from the fee collection support fund shall 
be used to cover fee collection costs in accordance with 
section 4(i)(1)(B) of the Land and Water Conservation Fund Act, 
as amended: Provided, That funds unexpended and unobligated at 
the end of the fiscal year shall not be deposited into the 
special account established pursuant to section 4(i)(1)(A) of 
said Act and shall remain available for expenditure without 
further appropriation.
  [(D) None of the funds collected under this section may be 
used to plan, design, or construct a visitor center or any 
other permanent structure without prior approval of the 
Committee on Appropriations of the House of Representatives and 
the Committee on Appropriations of the Senate if the estimated 
total cost of the structure exceeds $500,000.
  [(3) In order to increase the quality of the visitor 
experience at public recreational areas and enhance the 
protection of resources, amounts available for expenditure 
under this section may only be used for the area, site or 
project concerned, for backlogged repair and maintenance 
projects (including projects relating to health and safety) and 
for interpretation, signage, habitat or facility enhancement, 
resource preservation, annual operation (including fee 
collection), maintenance, and law enforcement relating to 
public use. The agencywide accounts may be used for the same 
purposes set forth in the preceding sentence, but for areas, 
sites or projects selected at the discretion of the respective 
agency head.
  [(d)(1) Amounts collected under this section shall not be 
taken into account for the purposes of the Act of May 23, 1908 
and the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 
4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 
1012), the Act of August 8, 1937 and the Act of May 24, 1939 
(43 U.S.C. 1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 
869-4), chapter 69 of title 31, United States Code, section 401 
of the Act of June 15, 1935 (16 U.S.C. 715s), the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l), the 
Secure Rural Schools and Community Self-Determination Act of 
2000 (Public Law 106-393; 16 U.S.C. 500 note), and any other 
provision of law relating to revenue allocation.
  [(2) Fees charged pursuant to this section shall be in lieu 
of fees charged under any other provision of law.
  [(e) The Secretary of the Interior and the Secretary of 
Agriculture shall carry out this section without promulgating 
regulations.
  [(f) The authority to collect fees under this section shall 
end on December 31, 2005. Funds in accounts established shall 
remain available through September 30, 2008.]
                              ----------                              

      SECTION 201 OF THE EMERGENCY WETLANDS RESOURCES ACT OF 1986

[SEC. 201. SALE OF ADMISSION PERMIT AT CERTAIN REFUGE UNITS.

    [(a) Sale of Admission Permits.--(1) Notwithstanding the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 
et seq.), in order to provide additional revenues for the 
conservation of wetland resources of the Nation and for the 
operation and maintenance of refuges--
          [(A) the Secretary of the Interior may, at units of 
        the National Wildlife Refuge System designated by the 
        Secretary under paragraph (2)--
                  [(i) charge fees for admission permits;
                  [(ii) sell Golden Eagle passports and Golden 
                Age passports;
                  [(iii) issue at no charge lifetime admission 
                permits as authorized in section 4(a)(5) of the 
                Land and Water Conservation Fund Act of 1965 
                (16 U.S.C. 4601-4-4601-11);
          [(B) the amounts collected by the Secretary as a 
        result of the activities described in subparagraph (A) 
        shall be distributed as provided in subsection (c).
    [(2) The Secretary shall designate a unit of the National 
Wildlife Refuge System for purposes of this Act if the 
Secretary determines, with respect to such unit, that--
          [(A) The level of visitation for recreational 
        purposes is high enough to justify the collection of 
        fees for admission permits for economic reasons.
          [(B) There is a practical mechanism in existence for 
        implementing and operating a system of collecting fees 
        for admission permits.
          [(C) Imposition of a fee for admission permits is not 
        likely to result in undue economic hardship for a 
        significant number of visitors to the unit.
    [(b) Exceptions.--(1) The Secretary may not require an 
admission permit under subsection (a)(1) for entry by a person 
into a designated unit if such person is the holder of--
          [(A) 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);
          [(B) a valid Golden Eagle Passport issued under 
        section 4(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 4601-6a(a)(1));
          [(C) a valid Golden Age Passport issued under section 
        4(a)(4) of such Act; or
          [(D) a valid lifetime admission permit as authorized 
        in section 4(a)(5) of such Act.
    [(2) Permits for a single visit to any designated unit 
shall be made available by the Secretary of the Interior for a 
reasonable fee, but not to exceed $3 for individuals or $7.50 
per vehicle. For purposes of this subsection, the term ``single 
visit'' means a more or less continuous stay within a 
designated unit by a person or group described in subsection 
(d). Payment of a single visit fee and issuance of a single 
visit permit shall authorize exits from and re-entries to a 
single designated unit for a period of from one to fifteen 
days. Such period shall be defined for each designated unit by 
the Secretary based upon a determination of the period of time 
reasonably and ordinarily necessary for such a single visit.
    [(3) Special admission permits for uses such as group 
activities may be issued in accordance with procedures and at 
fees established by the Secretary.
    [(4) A person may not be required to purchase an admission 
permit under subsection (a)(1) in order to travel by private 
noncommercial vehicle over any road or highway--
          [(A)(i) established as part of the National Federal 
        Aid System (as defined in section 101 of title 23, 
        United States Code); and
          [(ii) commonly used by the public as a means of 
        travel between two places which are outside the 
        designated unit; or
          [(B) to any land in which such person has a property 
        interest if such land is within any designated unit.
    [(5) A person may not be required to purchase an admission 
permit under subsection (a)(1) for entrance or admission to a 
unit of the National Wildlife Refuge System created, expanded, 
or modified by Public Law 96-487.
    [(c) Distribution of Amounts Collected.--Amounts collected 
from the sale of admission permits under this section and from 
fees collected at any unit of the National Wildlife Refuge 
System under subsections (b) and (c) of section 4 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 4601--6a 
(b), (c)) shall be distributed as follows:
          [(A) Thirty per centum shall be available to the 
        Secretary of the Interior until expended. The Secretary 
        shall use such amount--
                  [(i) first, to defray the cost of collection;
                  [(ii) next, for operation and maintenance of 
                the collecting unit; and
                  [(iii) next, for operation and maintenance of 
                all units within the National Wildlife Refuge 
                System, except those units created, expanded, 
                or modified by Public Law 96-487.
          [(B) Seventy percent shall be deposited into the 
        migratory bird conservation fund established under 
        section 4 of the Act of March 16, 1934 (16 U.S.C. 
        718d).
    [(d) Persons Accompanying Permittees.--A person who holds a 
stamp, passport, or permit described in subsection (b) shall be 
entitled to general entrance into any designated unit, along 
with--
          [(1) any persons accompanying such person in a 
        single, private, noncommercial vehicle; or
          [(2) where entry to the area is by any means other 
        than single, private, noncommercial vehicle, the person 
        and any accompanying spouse, children, or parents.
    [(e) Restrictions.--A permit issued under this section is 
nontransferable. Such a permit may not authorize any uses for 
which fees are charged under the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-4 et seq.).
    [(f) Establishment of Fees; Posting of Notices.--(1) All 
fees established pursuant to this section shall be fair and 
equitable. In establishing such fees, the Secretary shall 
consider the following:
          [(A) The direct and indirect cost to the Government.
          [(B) The benefits to the permit holder.
          [(C) The public policy or interest served.
          [(D) The comparable fees charged by non-Federal 
        public agencies.
          [(E) The economic and administrative feasibility of 
        fee collection and other pertinent factors.
    [(2) The Secretary shall require that notice that a fee has 
been established under this section--
          [(A) be prominently posted at each designated unit 
        and at appropriate locations in each such unit; and
          [(B) to the extent practicable, be included in 
        publications distributed at such units.
    [(g) Volunteers.--The Director of the United States Fish 
and Wildlife Service may accept services of volunteers to sell 
admission permits under this section or to sell Golden Eagle 
and Golden Age Passports or Migratory Bird Hunting and 
Conservation Stamps. The Director may use funds appropriated or 
otherwise made available to the Service to cover the cost of 
any surety bond that may be required of a volunteer performing 
the services authorized under this subsection.]
                              ----------                              

NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998

           *       *       *       *       *       *       *

TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM

           *       *       *       *       *       *       *

[SEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

  [Not later than 6 months after the date of enactment of this 
title, the Secretary of the Interior and the Secretary of 
Agriculture shall enter into an agreement providing for an 
apportionment among each agency of all proceeds derived from 
the sale of Golden Eagle Passports by private vendors. Such 
proceeds shall be apportioned to each agency on the basis of 
the ratio of each agency's total revenue from admission fees 
collected during the previous fiscal year to the sum of all 
revenue from admission fees collected during the previous 
fiscal year for all agencies participating in the Golden Eagle 
Passport Program.

               [TITLE VI--NATIONAL PARK PASSPORT PROGRAM

[SEC. 601. PURPOSES.

  [The purposes of this title are--
          [(1) to develop a national park passport that 
        includes a collectible stamp to be used for admission 
        to units of the National Park System; and
          [(2) to generate revenue for support of the National 
        Park System.

[SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

  [(a) Program.--The Secretary shall establish a national park 
passport program. A national park passport shall include a 
collectible stamp providing the holder admission to all units 
of the National Park System.
  [(b) Effective Period.--A national park passport stamp shall 
be effective for a period of 12 months from the date of 
purchase.
  [(c) Transferability.--A national park passport and stamp 
shall not be transferable.

[SEC. 603. ADMINISTRATION.

  [(a) Stamp Design Competition.--(1) The Secretary shall hold 
an annual competition for the design of the collectible stamp 
to be affixed to the national park passport.
  [(2) Each competition shall be open to the public and shall 
be a means to educate the American people about the National 
Park System.
  [(b) Sale of Passports and Stamps.--(1) National park 
passports and stamps shall be sold through the National Park 
Service and may be sold by private vendors on consignment in 
accordance with guidelines established by the Secretary.
  [(2) A private vendor may be allowed to collect a commission 
on each national park passport (including stamp) sold, as 
determined by the Secretary.
  [(3) The Secretary may limit the number of private vendors of 
national park passports (including stamps).
  [(c) Use of Proceeds.--
          [(1) The Secretary may use not more than 15 percent 
        of the revenues derived from the sale of national park 
        passports (including stamps) to administer and promote 
        the national park passport program and the National 
        Park System.
          [(2) Net proceeds from the sale of national park 
        passports shall be deposited in a special account in 
        the Treasury of the United States and shall remain 
        available until expended, without further 
        appropriation, for high priority visitor service or 
        resource management projects throughout the National 
        Park System.
  [(d) Agreements.--The Secretary may enter into cooperative 
agreements with the National Park Foundation and other 
interested parties to provide for the development and 
implementation of the national park passport program and the 
Secretary shall take such actions as are appropriate to 
actively market national park passports and stamps.
  [(e) Fee.--The fee for a national park passport and stamp 
shall be $50.

[SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.

  [The Secretary of Interior shall--
          [(1) make Golden Eagle Passports issued under section 
        4(a)(1)(A) of the Land and Water Conservation Fund Act 
        of 1965 (16 U.S.C. 460l-6a(a)(1)(A)) or the 
        Recreational Fee Demonstration Program authorized by 
        section 315 of the Department of the Interior and 
        Related Agencies Appropriations Act, 1996 (section 
        101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note), 
        available to foreign visitors to the United States; and
          [(2) make such Golden Eagle Passports available for 
        purchase outside the United States, through commercial 
        tourism channels and consulates or other offices of the 
        United States.

[SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

  [(a) Park Passport Not Required.--A national park passport 
shall not be required for--
          [(1) a single visit to a national park that charges a 
        single visit admission fee under section 4(a)(2) of the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-6a(a)(2)) or the Recreational Fee Demonstration 
        Program authorized by section 315 of the Department of 
        the Interior and Related Agencies Appropriations Act, 
        1996 (section 101(c) of Public Law 104-134; 16 U.S.C. 
        460l-6a note); or
          [(2) an individual who has obtained a Golden Age or 
        Golden Access Passport under paragraph (4) or (5) of 
        section 4(a) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-6a(a)).
  [(b) Golden Eagle Passports.--A Golden Eagle Passport issued 
under section 4(a)(1)(A) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-6a(a)(1)(A)) or such 
Recreational Fee Demonstration Program (16 U.S.C. 460l-6a note) 
shall be honored for admission to each unit of the National 
Park System.
  [(c) Access.--A national park passport shall provide access 
to each unit of the National Park System under the same 
conditions, rules, and regulations as apply to access with a 
Golden Eagle Passport as of the date of enactment of this 
title.
  [(d) Limitations.--A national park passport may not be used 
to obtain access to other Federal recreation fee areas outside 
of the National Park System.
  [(e) Exemptions and Fees.--A national park passport does not 
exempt the holder from or provide the holder any discount on 
any recreation use fee imposed under section 4(b) of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) 
or such Recreational Fee Demonstration Program (16 U.S.C. 460l-
6a note).]

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