39–006

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 Repeal of superseded admission and use fee authorities.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 

2

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 SysVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR790P1.XXX HR790P1
3

tem, 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; 

4

(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 

5

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: 

6

(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. 

7

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.—

8

(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 

9

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 fiveyear 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. 

10

(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. 

11

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. 

12

(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. 

13

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. 

14

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 a single 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. 

15

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. 

16

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

øADMISSION AND USE FEES; ESTABLISHMENT AND REGULATIONS

øSEC. 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. 

ø(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 punVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR790P1.XXX HR790P1
17

ishable in accordance with regulations established pursuant to 

subsection (e). The annual permit shall be available for purchase at any such designated area. 

ø(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). 

ø(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. 

ø(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. 

ø(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 beVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR790P1.XXX HR790P1
18

tween 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. 

ø(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 onetime 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. 

ø(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. 

ø(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 

19

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). 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(11) In the case of the following parks, the fee for a singlevisit 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. 

ø(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.

ø(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 exVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR790P1.XXX HR790P1
20

hibits, 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.

ø(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. 

ø(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. 

ø(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. 

ø(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. 

21

ø(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. 

ø(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. 

ø(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. 

ø(C) UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES CAN- NOT BE COLLECTED.—

ø(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. 

ø(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 colVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00021 Fmt 6659 Sfmt 9001 E:\HR\OC\HR790P1.XXX HR790P1
22

lected 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. 

ø(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. 

ø(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. 

ø(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: 

ø(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. 

ø(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

øSEC. 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. 

ø(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—

ø(1) shall charge and collect fees for admission to the area 

or for the use of outdoor recreation sites, facilities, visitor cenVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00022 Fmt 6659 Sfmt 9001 E:\HR\OC\HR790P1.XXX HR790P1
23

ters, equipment, and services by individuals and groups, or any 

combination thereof; 

ø(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; 

ø(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); 

ø(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 

ø(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. 

ø(c)(1) Amounts collected at each fee demonstration area, site or 

project shall be distributed as follows: 

ø(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). 

ø(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). 

ø(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). 

ø(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. 

ø(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)). 

ø(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. 

ø(B) Expenditures from agency specific special funds shall be for 

use on an agency-wide basis and shall be accounted for separately. 

ø(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 esVerDate jul 14 2003 02:24 Dec 01, 2004 Jkt 039006 PO 00000 Frm 00023 Fmt 6659 Sfmt 9001 E:\HR\OC\HR790P1.XXX HR790P1
24

tablished pursuant to section 4(i)(1)(A) of said Act and shall remain 

available for expenditure without further appropriation. 

ø(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. 

ø(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. 

ø(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. 

ø(2) Fees charged pursuant to this section shall be in lieu of fees 

charged under any other provision of law. 

ø(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating regulations. 

ø(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

øSEC. 201. SALE OF ADMISSION PERMIT AT CERTAIN REFUGE UNITS. 

ø(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—

ø(A) the Secretary of the Interior may, at units of the National Wildlife Refuge System designated by the Secretary 

under paragraph (2)—

ø(i) charge fees for admission permits; 

ø(ii) sell Golden Eagle passports and Golden Age passports; 

25

ø(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); 

ø(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). 

ø(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—

ø(A) The level of visitation for recreational purposes is high 

enough to justify the collection of fees for admission permits for 

economic reasons. 

ø(B) There is a practical mechanism in existence for implementing and operating a system of collecting fees for admission 

permits. 

ø(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. 

ø(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—

ø(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); 

ø(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)); 

ø(C) a valid Golden Age Passport issued under section 4(a)(4) 

of such Act; or

ø(D) a valid lifetime admission permit as authorized in section 4(a)(5) of such Act. 

ø(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 reentries 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. 

ø(3) Special admission permits for uses such as group activities 

may be issued in accordance with procedures and at fees established by the Secretary. 

ø(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—

ø(A)(i) established as part of the National Federal Aid System (as defined in section 101 of title 23, United States Code); 

and 

ø(ii) commonly used by the public as a means of travel between two places which are outside the designated unit; or 

ø(B) to any land in which such person has a property interest if such land is within any designated unit. 

26

ø(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. 

ø(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: 

ø(A) Thirty per centum shall be available to the Secretary of 

the Interior until expended. The Secretary shall use such 

amount—

ø(i) first, to defray the cost of collection; 

ø(ii) next, for operation and maintenance of the collecting unit; and 

ø(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. 

ø(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). 

ø(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—

ø(1) any persons accompanying such person in a single, private, noncommercial vehicle; or 

ø(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. 

ø(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.). 

ø(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: 

ø(A) The direct and indirect cost to the Government. 

ø(B) The benefits to the permit holder. 

ø(C) The public policy or interest served. 

ø(D) The comparable fees charged by non-Federal public 

agencies. 

ø(E) The economic and administrative feasibility of fee collection and other pertinent factors. 

ø(2) The Secretary shall require that notice that a fee has been 

established under this section—

ø(A) be prominently posted at each designated unit and at 

appropriate locations in each such unit; and 

ø(B) to the extent practicable, be included in publications 

distributed at such units. 

ø(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. 

27

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 

* * * * * * *

øSEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES. 

øNot 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. 

øTITLE VI—NATIONAL PARK PASSPORT 

PROGRAM 

øSEC. 601. PURPOSES. 

øThe purposes of this title are—

ø(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 

ø(2) to generate revenue for support of the National Park 

System. 

øSEC. 602. NATIONAL PARK PASSPORT PROGRAM. 

ø(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. 

ø(b) EFFECTIVE PERIOD.—A national park passport stamp shall 

be effective for a period of 12 months from the date of purchase. 

ø(c) TRANSFERABILITY.—A national park passport and stamp 

shall not be transferable. 

øSEC. 603. ADMINISTRATION. 

ø(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. 

ø(2) Each competition shall be open to the public and shall be a 

means to educate the American people about the National Park 

System. 

28

ø(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. 

ø(2) A private vendor may be allowed to collect a commission on 

each national park passport (including stamp) sold, as determined 

by the Secretary. 

ø(3) The Secretary may limit the number of private vendors of 

national park passports (including stamps). 

ø(c) USE OF PROCEEDS.—

ø(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. 

ø(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. 

ø(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. 

ø(e) FEE.—The fee for a national park passport and stamp shall 

be $50. 

øSEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS. 

øThe Secretary of Interior shall—

ø(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 

ø(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. 

øSEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS. 

ø(a) PARK PASSPORT NOT REQUIRED.—A national park passport 

shall not be required for—

ø(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 

ø(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)). 

29

ø(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. 

ø(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. 

ø(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. 

ø(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).¿

* * * * * * *

Æ