II 

109TH CONGRESS 

2D SESSION S. 3188 

To amend the Forest Service use and occupancy permit program to restore 

the authority of the Secretary of Agriculture to utilize the special use 

permit fees collected by the Secretary in connection with the establishment and operation of marinas in units of the National Forest System 

derived from the public domain, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Forest Service use and occupancy permit 

program to restore the authority of the Secretary of 

Agriculture to utilize the special use permit fees collected 

by the Secretary in connection with the establishment 

and operation of marinas in units of the National Forest 

System derived from the public domain, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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S 3188 IS

1 SECTION 1. RETENTION AND USE OF FOREST SERVICE MA2 RINA PERMIT FEES FROM NATIONAL FOREST 

3 SYSTEM UNITS DERIVED FROM THE PUBLIC 

4 DOMAIN. 

5 The last paragraph under the heading ‘‘FOREST

6 SERVICE’’ in the Act of March 4, 1915 (16 U.S.C. 497), 

7 is amended— 

8 (1) by striking ‘‘The Secretary of Agriculture’’ 

9 and inserting the following: 

10 ‘‘(A) PERMITS FOR USE AND OCCUPANCY OF NA11 TIONAL FOREST SYSTEM LANDS.—The Secretary of Agri12 culture’’; 

13 (2) by striking ‘‘The authority’’ and inserting 

14 the following: 

15 ‘‘(B) LIMITATION ON USE OF PERMITS.—The au16 thority’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) SPECIAL RULES REGARDING MARINA PER19 MITS.—Amounts collected in connection with the issuance 

20 of a special use permit under this paragraph for a marina 

21 at a unit of the National Forest System derived from the 

22 public domain shall be deposited in an existing special ac23 count in the Treasury established for the Secretary of Ag24 riculture for recreation management purposes. Amounts 

25 so deposited shall be available to the Secretary of Agri26 culture, until expended and without further appropriation, 


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S 3188 IS

1 for repair, maintenance, and facility enhancement related 

2 directly to visitor enjoyment, visitor access, and health and 

3 safety, for interpretation, visitor information, visitor serv4 ice, visitor needs assessments, and signs, for habitat res5 toration directly related to wildlife-dependent recreation 

6 that is limited to hunting, fishing, wildlife observation, or 

7 photography, for law enforcement related to public use 

8 and recreation, and for direct operating or capital costs 

9 associated with the issuance of such special use permits, 

10 including any fee management agreement or reservation 

11 service used in the issuance of such permits. The Sec12 retary may not use such amounts for biological monitoring 

13 for listed or candidate species under the Endangered Spe14 cies Act of 1973 (16 U.S.C. 1531 et seq.). Not less than 

15 80 percent of the permit fees collected at a specific unit 

16 of the National Forest System shall be expended for that 

17 unit, but the Secretary may transfer up to 20 percent of 

18 such fees to appropriations available to enhance recreation 

19 opportunities at other units of the National Forest Sys20 tem.’’. 

Æ 


sroberts on PROD1PC70 with BILLS