Union Calendar No. 439

103D CONGRESS

2D SESSION H. R. 4533

[Report No. 103–793]

A BILL

National Park Service, and for other purposes.

To promote entrepreneurial management of the

OCTOBER 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 439

103D CONGRESS

2D SESSION H. R. 4533

[Report No. 103–793]

To promote entrepreneurial management of the National Park Service, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1994

Mr. VENTO (by request) introduced the following bill; which was referred to

the Committee on Natural Resources

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 26, 1994]

A BILL

To promote entrepreneurial management of the National

Park Service, 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Park Service

5 Entrepreneurial Management Reform Act of 1994’’.
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1 SEC. 2. FEES.

2 (a) ADMISSION FEES.—Section 4(a) of the Land and

3 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4

4 and following) is amended as follows:

5 (1) In the first sentence of paragraph (1)(A)(i),

6 by striking ‘‘$25’’ and inserting ‘‘$40’’.

7 (2) By amending the second sentence of para8 graph (1)(A)(i) to read as follows: ‘‘The permittee and

9 the accompanying spouse, children, and parents of the

10 permittee shall be entitled to general admission into

11 any area designated pursuant to this section.’’.

12 (3) By modifying the margin of clause (ii) of

13 paragraph (1)(A) to align with the margin of clause

14 (i).

15 (4) By inserting at the end of clause (ii) of para16 graph (1)(A) the following: ‘‘Such receipts shall be

17 made available, subject to appropriation, for author18 ized resource protection, rehabilitation, and conserva19 tion projects as provided for by subsection (i), includ20 ing projects to be carried out by the Public Land

21 Corps or any other conservation corps pursuant to the

22 Youth Conservation Corps Act of 1970 (16 U.S.C.

23 1701 and following), or other related programs or au24 thorities, on lands administered by the Secretary of

25 the Interior and the Secretary of Agriculture.’’.
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1 (5) In paragraph (1)(B), by striking ‘‘$15’’ and

2 inserting ‘‘$25’’ and by adding at the end the follow3 ing new sentence: ‘‘Any amount by which the fee for

4 such an annual permit exceeds $15 shall be credited

5 to the appropriation account of the unit of the Na6 tional Park System that collected the fee, shall be

7 available to the unit without further appropriation,

8 and shall remain available until expended.’’.

9 (6) In paragraph (2), by inserting ‘‘(A)’’ after

10 ‘‘(2)’’, by striking the fifth and sixth sentences, by

11 amending the fourth sentence to read as follows: ‘‘The

12 fee for a single-visit permit at any designated area

13 shall be not more than $6 per person for persons en14 tering by any means, except that the fee shall not ex15 ceed $20 for all persons entering a designated area in

16 a single noncommercial vehicle.’’, and by adding at

17 the end the following new subparagraph:

18 ‘‘(B) The Secretary shall establish a pilot project

19 at Yosemite National Park that utilizes incentives, in20 cluding waiving or reducing admission fees, to en21 courage use of public transit which serves the purpose

22 of reducing vehicular traffic within Yosemite National

23 Park.’’.

24 (7) In paragraph (3), by striking the last sen25 tence.
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1 (8) In paragraph (4), by striking ‘‘No other free

2 permits shall be issued to any person’’ and inserting

3 ‘‘No other free permits shall be issued to any person,

4 except as otherwise provided by this subsection’’.

5 (9) In paragraph (4), by amending the second

6 sentence to read as follows: ‘‘Such permit shall be

7 nontransferable, shall be issued for a one-time charge

8 of $10, and shall entitle the permittee and the accom9 panying spouse of the permitee to general admission

10 into any area designated pursuant to this sub11 section.’’.

12 (10) In paragraph (6) by striking ‘‘on Interior

13 and Insular Affairs’’ and inserting ‘‘on Natural

14 Resources’’.

15 (11) In paragraph (9), by striking ‘‘San Juan

16 National Historic Site, and Canaveral National Sea17 shore’’ and inserting ‘‘and San Juan National His18 toric Site’’ and by adding the following at the end

19 thereof: ‘‘The Secretary of the Interior shall submit a

20 report to the Congress within 6 months after the en21 actment of this sentence respecting the areas at which

22 the Secretary determines admission fees would be ap23 propriate but at which such fees are prohibited by law

24 and respecting each area at which such fees are au25 thorized but not being collected (including an expla-
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1 nation of the reasons that such fees are not being

2 collected).’’.

3 (12) By amending paragraph (11) to read as

4 follows:

5 ‘‘(11) In the case of Yellowstone and Grand

6 Teton National Parks, a single-visit fee collected at

7 one unit shall also admit the person who paid such

8 fee for a single visit to the other unit.’’.

9 (b) PENALTY.—Section 4(e) of the Land and Water

10 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and fol11 lowing) is amended by striking ‘‘$100’’ and inserting

12 ‘‘$1,000’’.

13 (c) TECHNICAL AMENDMENTS.—(1) Section 4(h) of the

14 Land and Water Conservation Fund Act of 1965 (16 U.S.C.

15 460l–4 and following) is amended by striking ‘‘on Interior

16 and Insular Affairs of the United States House of Rep17 resentatives and United States Senate’’ and inserting ‘‘on

18 Natural Resources of the United States House of Represent19 atives and on Energy and Natural Resources of the United

20 States Senate’’, by striking ‘‘Bureau of Outdoor Recre21 ation’’ and inserting ‘‘National Park Service’’, and by

22 striking ‘‘Bureau’’ and inserting ‘‘National Park Service’’.

23 (2) Section 4(g) of the Land and Water Conservation

24 Fund Act of 1965 (16 U.S.C. 460l–4 and following) is
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1 amended by striking ‘‘or charges for commercial or other

2 activities not related to recreation’’.

3 (d) USE OF FEES.—Section 4(i) of the Land and

4 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4

5 and following) is amended as follows:

6 (1) By inserting ‘‘USE OF FEES.—’’ after ‘‘(i)’’.

7 (2) In the first sentence of paragraph (1)(B), by

8 striking ‘‘fee collection costs for that fiscal year’’ and

9 inserting ‘‘fee collection costs for the immediately pre10 ceding fiscal year’’ and by striking ‘‘section in that

11 fiscal year’’ and inserting ‘‘section in such imme12 diately preceding fiscal year’’.

13 (3) In the second sentence of paragraph (1)(B),

14 by striking ‘‘in that fiscal year’’.

15 (4) In paragraph (1), by adding at the end the

16 following new subparagraph:

17 ‘‘(C) Notwithstanding subparagraph (A) and notwith18 standing any other provision of law, for fiscal years after

19 fiscal year 1995, the amount by which the receipts collected

20 pursuant to this section by the National Park Service (ex21 cept for the portion of fee receipts withheld as provided in

22 subparagraph (B) for fee collection costs) exceeds the re23 ceipts collected pursuant to this section by the National

24 Park Service in fiscal year 1993 shall be covered into a

25 special fund established in the Treasury of the United
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1 States to be known as the ‘National Park Renewal Fund’.

2 Amounts in such fund shall be available to the Secretary

3 of the Interior, without further appropriation, for resource

4 protection, research, interpretation, and maintenance ac5 tivities related to resource protection and visitor enjoyment

6 in areas managed by the National Park Service and shall

7 be allocated among national park system units in accord8 ance with subsection (j). Such amounts shall remain avail9 able until expended. The Secretary shall develop procedures

10 for the use of amounts in the fund that ensure accountabil11 ity and demonstrated results consistent with the purposes

12 of this Act. Beginning after the first full fiscal year follow13 ing enactment of this subparagraph, the Secretary shall

14 submit an annual report to Congress, on a unit-by-unit

15 basis, detailing the fees receipts collected pursuant to this

16 section and the expenditures of such receipts.’’.

17 (e) TIME OF REIMBURSEMENT.—Section 4(k) of the

18 Land and Water Conservation Fund Act of 1965 (16 U.S.C.

19 460l–4 and following) is amended by striking the last

20 sentence.

21 (f) FEES FOR SPECIAL USES.—Section 4 of the Land

22 and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

23 4 and following) is amended by adding the following new

24 subsection at the end:
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1 ‘‘(o) FEES FOR SPECIAL USES.—The Secretary of the

2 Interior shall establish reasonable fees for nonrecreational

3 uses of national park system units that require special ar4 rangements, including permits. The fees shall be set at such

5 level as the Secretary deems necessary to insure that the

6 United States will receive fair market value for the use of

7 the area concerned and shall, at a minimum, cover all costs

8 of providing necessary services associated with such special

9 uses, except that the Secretary may, in his discretion, waive

10 or reduce such fees in the case of any nonprofit organization

11 or any organization using an area within the national park

12 system for educational or park-related purposes. Notwith13 standing any other provision of law, the Secretary shall re14 tain so much of the revenue from such fees as is equal to

15 fee collection costs and the costs of providing the necessary

16 services associated with such special uses. Such retained

17 amounts shall be credited to the appropriation account for

18 the national park system unit concerned and shall remain

19 available until expended, beginning in the fiscal year in

20 which the amounts are so credited.’’.

21 (g) ADMISSION OR RECREATION USE FEES.—Section

22 4 of the Land and Water Conservation Fund Act of 1965

23 (16 U.S.C. 460l–4 and following) is amended by adding

24 the following new subsection at the end:
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1 ‘‘(p) ADMISSION OR RECREATION USE FEES.—Not2 withstanding any other provision of law, no admission or

3 recreation use fee of any kind shall be charged or imposed

4 for entrance into, or use of, any federally owned area oper5 ated and maintained by a Federal agency and used for out6 door recreation purposes, except as provided for by this

7 Act.’’.

8 SEC. 3. CHALLENGE COST-SHARE AGREEMENTS.

9 (a) AGREEMENTS.—The Secretary of the Interior is

10 authorized to negotiate and enter into challenge cost-share

11 agreements with cooperators. For purposes of this section—

12 (1) The term ‘‘challenge cost-share agreement’’

13 means any agreement entered into between the Sec14 retary and any cooperator for the purpose of sharing

15 costs or services in carrying out any authorized func16 tions and responsibilities of the Secretary with respect

17 to any unit of the national park system (as defined

18 in section 2(a) of the Act of August 8, 1953 (16

19 U.S.C. 1b–1c)), any affiliated area, or any designated

20 national scenic or historic trail.

21 (2) The term ‘‘cooperator’’ means any State or

22 local government, public or private agency, organiza23 tion, institution, corporation, individual, or other

24 entity.
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1 (b) USE OF FEDERAL FUNDS.—In carrying out chal2 lenge cost-share agreements, the Secretary is authorized,

3 subject to appropriation, to provide the Federal funding

4 share from any funds available to the National Park

5 Service.

6 SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK

7 RESOURCES.

8 Notwithstanding any other provision of law, any funds

9 payable to United States as restitution on account of dam10 age to national park resources or property shall be paid

11 to the Secretary of the Interior. Any such funds, and any

12 other funds received as a result of forfeiture, compromise,

13 or settlement on account of damage to national park re14 sources or property shall be credited to the appropriation

15 account for the national park system unit concerned and

16 shall be available, without further appropriation, for ex17 penditure by the Secretary, without regard to fiscal year

18 limitation, to improve, protect, or rehabilitate any park re19 sources or property which have been damaged by the action

20 of a permittee or any unauthorized person.