I

103D CONGRESS

2D SESSION H. R. 5273

To authorize the Secretary of Agriculture to establish and collect recreation

use fees on a temporary basis in connection with the recreational use

of the Superior National Forest in the State of Minnesota.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. OBERSTAR introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To authorize the Secretary of Agriculture to establish and

collect recreation use fees on a temporary basis in connection with the recreational use of the Superior National Forest in the State of Minnesota.

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 ‘‘Superior National

5 Forest Fund Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:
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1 (1) The anticipated number of persons using

2 the facilities of the Superior National Forest re3 quires additional funding to provide minimum sani4 tary and safety related service at the Superior Na5 tional Forest as well as management of the environ6 ment and riparian areas.

7 (2) The quality of services provided at the Su8 perior National Forest and the integrity of the envi9 ronment could best be served by maintaining public,

10 rather than private, management of the Superior

11 National Forest.

12 (3) The users of units of the National Forest

13 System have demonstrated a willingness to pay a

14 user fee for maintenance and operation if the locally

15 collected funds are returned to the unit.

16 (b) PURPOSE.—It is the purpose of this Act to use

17 funds generated from fees charged in connection with the

18 recreational use of the Superior National Forest—

19 (1) to assure adequate funding of maintenance

20 and operation of the Superior National Forest; and

21 (2) to provide additional funding to the counties

22 in which the Superior National Forest is located, en23 abling the counties to increase investment in facili24 ties and services related to public safety, sanitation,

25 and the recreational environment.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) RECREATION SITE.—The term ‘‘recreation

4 site’’ means a campground, picnic ground, swimming

5 site, boat launch site, lake access site, or other man6 made or natural recreational facility in the Superior

7 National Forest.

8 (2) RECREATION USE FEE; FEE.—The terms

9 ‘‘recreation use fee’’ or ‘‘fee’’ mean a fee that is

10 charged for the use of a recreation site in the Supe11 rior National Forest.

12 (3) RECREATION USE PASS.—The term ‘‘recre13 ation use pass’’ means a document that entitles the

14 holder access and use of recreation sites in the Supe15 rior National Forest for a specified period of time.

16 (4) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Agriculture.

18 SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION

19 USE FEES.

20 (a) RECREATION USE FEE AUTHORIZED.—Except as

21 provided in subsection (b), the Secretary may establish

22 and collect recreation use fees at designated recreation

23 sites within the Superior National Forest.

24 (b) EXCEPTIONS.—The Secretary may not impose or

25 collect a recreation use fee for the use or provision in the

26 Superior National Forest, either singly or in any combina-
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1 tion, of drinking water, wayside exhibits, toilet facilities,

2 general purpose roads, overlook sites, or general informa3 tion. The Secretary may not impose or collect a fee from

4 any officer or employee of the Federal Government or

5 State or local government authorized by the Secretary to

6 perform administrative duties at recreation sites in the

7 Superior National Forest.

8 (c) ESTABLISHMENT AND COLLECTION.—Establish9 ment and collection of recreation use fees shall be made

10 in accordance with subsections (d) and (e) of section 4

11 of the Land and Water Conservation Fund Act of 1965

12 (16 U.S.C. 460l–6a). The Secretary may authorize the col13 lection of fees by volunteers in accordance with subsection

14 (k) of such section.

15 (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS

16 PASSPORT.—Any person holding a valid Golden Age Pass17 port or Golden Access Passport issued under paragraph

18 (4) or (5) of section 4(a) of the Land and Water Conserva19 tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be

20 entitled upon presentation of such passport to use a recre21 ation site within the Superior National Forest at a rate

22 equal to 50 percent of the recreation use fee otherwise ap23 plicable to such recreation site.

24 (e) EFFECT ON OTHER LAWS.—Recreation use fees

25 established under this section for use of recreation sites
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1 in the Superior National Forest shall be in lieu of any

2 recreation use fees for such recreation sites under section

3 4(b) of the Land and Water Conservation Fund Act of

4 1965 (16 U.S.C. 460l–6a(b)) or section 1401 of the Omni5 bus Budget Reconciliation Act of 1993 (16 U.S.C. 460l–

6 6c).

7 SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION

8 USE PASSES.

9 (a) RECREATION USE PASS AUTHORIZED.—The Sec10 retary shall make available for purchase recreation use

11 passes for the use on a daily or annual basis of recreation

12 sites in the Superior National Forest otherwise subject to

13 a recreation use fee. Use of an annual recreation use pass

14 shall be subject to any single stay time limits imposed on

15 the recreation site.

16 (b) AVAILABILITY.—The Secretary may have recre17 ation use passes available for sale at any recreation site

18 for which a recreation use fee is charged or at other con19 venient locations.

20 (c) USE OF PASS.—The recreation use pass shall

21 apply to—

22 (1) the pass holder and any person accompany23 ing the pass holder in a single, private, noncommer24 cial vehicle; or
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1 (2) the pass holder and the spouse, children,

2 and parents of the pass holder accompanying the

3 pass holder where entry to a recreation site is by

4 any means other than a private, noncommercial

5 vehicle.

6 (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS

7 PASSPORT.—Any person holding a valid Golden Age Pass8 port or Golden Access Passport issued under paragraph

9 (4) or (5) of section 4(a) of the Land and Water Conserva10 tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be

11 entitled upon presentation of such passport to purchase

12 of a recreation use pass for the Superior National Forest

13 at a rate equal to 50 percent of the purchase price other14 wise applicable to the recreation use pass.

15 (e) RULES AND REGULATIONS, ENFORCEMENT POW16 ERS.—Recreation use passes sold under this section shall

17 be nontransferable. The unlawful use of a recreation use

18 pass shall be punishable in accordance with regulations es19 tablished under section 4(e) of the Land and Water Con20 servation Fund Act of 1964 (16 U.S.C. 460l–6a(e)).

21 SEC. 6. TERMINATION OF AUTHORITY.

22 (a) TERMINATION.—The authority of the Secretary

23 to establish or collect fees under section 4 or sell recre24 ation use passes under section 5 shall expire at the end

25 of the seven-year period beginning on the date of the en-
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1 actment of this Act. Termination of such authority shall

2 not affect the validity of any annual recreation use pass

3 sold under section 5 before that date.

4 (b) REPORT.—Not later than six years after the date

5 of the enactment of this Act, the Secretary shall submit

6 to the Committee on Energy and Natural Resources and

7 the Committee on Agriculture, Nutrition, and Forestry of

8 the Senate and the Committee on Natural Resources and

9 the Committee on Agriculture of the House of Representa10 tives a report evaluating the authority provided by sections

11 4 and 5 regarding recreation use fees and recreation use

12 passes. The report shall include any recommendations of

13 the Secretary for modifying the authority, for extending

14 the authority beyond the date specified in subsection (a),

15 or for extending the authority to other units of the Na16 tional Forest System.

17 SEC. 7. DISPOSITION OF RECREATION USE FEES AND

18 FUNDS FROM SALES OF RECREATION USE

19 PASSES.

20 (a) DEPOSIT OF FUNDS.—Notwithstanding para21 graphs (1), (2), or (3) of section 4(i) of the Land and

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

23 6a(i)), recreation use fees collected under section 4 and

24 amounts received from sales of recreation use passes
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1 under section 5 shall be deposited in a special account in

2 the Treasury.

3 (b) USE OF FUNDS.—

4 (1) OPERATION, MAINTENANCE, AND OTHER

5 USES.—In such amounts as are provided in advance

6 in appropriation Acts, the Secretary may use

7 amounts in the special account to provide supple8 mental funds for operation, maintenance, and man9 agement of recreation sites within the Superior Na10 tional Forest, for interpretation and management of

11 resources in the Superior National Forest, and for

12 administrative costs associated with such activities.

13 (2) PAYMENTS TO STATES AND COUNTIES.—

14 Recreation use fees collected under section 4 and

15 amounts received for recreation use passes sold

16 under section 5 shall be considered as money re17 ceived for purpose of computing and distributing

18 payments to States and counties pursuant to section

19 13 of the Act of March 1, 1911 (16 U.S.C. 500).

20 (c) ROADS AND TRAILS.—Recreation use fees col21 lected under section 4 and amounts received for recreation

22 use passes sold under section 5 shall not be considered

23 as money received for purpose of the fourteenth paragraph
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1 under the heading ‘‘FOREST SERVICE’’ of the Act of March

2 4, 1913 (16 U.S.C. 501).

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