29–010

Calendar No. 443

108TH CONGRESS REPORT " SENATE ! 2d Session 108–233

RECREATIONAL FEE AUTHORITY ACT OF 2004

MARCH 9, 2004.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1107] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1107) to enhance the Recreational Fee Demonstration Program for the National Park Service, and for other 

purposes, having considered the same, reports favorably thereon 

with amendments and recommends that the bill, as amended, do 

pass. 

The amendments are as follows:

1. On page 1, line 5, strike ‘‘2003’’ and insert ‘‘2004’’. 

2. On page 1, lines 7 and 8, strike ‘‘in Fiscal Year 2004 and thereafter,’’ and insert 

‘‘on January 1, 2006,’’. 

3. On page 3, lines 7 and 8, strike ‘‘October 1, 2003’’ and insert ‘‘January 1, 2006’’. 

4. On page 3, line 20, strike ‘‘October 1, 2003’’ and insert ‘‘January 1, 2006’’. 

5. On page 6, line 14, strike ‘‘2006’’ and insert ‘‘2009’’.

PURPOSE OF THE MEASURE

The purpose of S. 1107 is to provide permanent fee authority for 

the National Park Service, including guidelines and criteria for the 

collection and expenditure of revenue collected under this authority. 

BACKGROUND AND NEED

In 2001, there were approximately 583 million visits to areas administered by the National Park Service, the U.S. Fish and Wildlife 

Service, the Bureau of Land Management, and the Forest Service. 

These visits generated almost $200 million in fee revenues for the 

four agencies. 

Section 315 of the FY 1996 Interior and Related Agencies Appropriations Act (Public Law 104–134) directed the National Park 

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Service, Bureau of Land Management, Fish and Wildlife Service, 

and Forest Service to 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.’’ Each of the four agencies was directed 

to identify between 10 and 50 pilot projects for the demonstration 

project, known as the Recreation Fee Demonstration Program. The 

program was originally authorized for 3 years, but has subsequently been extended through December 30, 2005, with fee revenue remaining available for expenditure through the end of fiscal 

year 2008. In addition, each agency is now authorized to include 

up to 100 sites in the program. 

Under this program (commonly referred to as ‘‘Fee Demo’’), the 

four agencies are authorized to charge fees, notwithstanding any 

other law, ‘‘for admission to an area, or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services by individuals and groups, or any combination thereof.’’ The existing fee 

authority in the Land and Water Conservation Fund Act limited 

how much, and for what activities and services fees could be 

charged. Under the Fee Demo program, the agencies were granted 

complete discretion to establish both the amount and type of fees 

with respect to the pilot project sites. 

Prior to the enactment of the Recreation Fee Demonstration Program, most fee revenues were deposited into the Treasury. The Fee 

Demo program, however, authorized the four agencies to retain all 

of the fee revenues for expenditure without further appropriation. 

Of the total fee revenues, 80 percent are retained at the site of collection and 20 percent are returned to the agency for expenditure 

on national priorities. In fiscal year 2002, the National Park Service collected $125.7 million in recreation fee revenue and obligated 

$101.9 million or 81 percent of the total for projects that include 

addressing the deferred maintenance backlog, rehabilitating historic structures, encouraging volunteer services, improving interpretive exhibits and enhancing the safety of visitors. 

The recreation fee program has proven vital to the ability of the 

National Park Service to provide quality recreational facilities and 

services. It has significantly enhanced the Department’s efforts to 

address the deferred maintenance backlog in National Parks and 

has enabled the Service to better manage park lands. Authorizing 

a permanent program would allow the Park Service to better serve 

visitors by making long term investments, streamline the fee program and create more long term partnerships. Fulfilling the mission of the National Park Service requires that visitor facilities and 

services be maintained, that historic and natural resources be preserved and that visitor opportunities to experience parks be enhanced. These efforts require an adequate and steady source of 

funding which would be greatly enhanced under S. 1107. 

LEGISLATIVE HISTORY

S. 1107 was introduced by Senator Thomas on May 22, 2003. The 

Subcommittee on National Parks held a hearing on S. 1107 on September 9, 2003. S. Hrg. 108–193. At the business meeting on February 11, 2004, the Committee on Energy and Natural Resources 

ordered S. 1107, as amended, favorably reported. 

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COMMITTEE RECOMMENDATIONS AND VOTE TABULATION

The Committee on Energy and Natural Resources, in open business session on February 11, 2004, by a unanimous vote of a 

quorum present, recommends that the Senate pass S. 1107, if 

amended as described herein. 

The rollcall vote on reporting the measure was 23 yeas, 0 nays, 

as follows:

YEAS NAYS 

Mr. Domenici 

Mr. Nickles 

Mr. Craig 

Mr. Campbell* 

Mr. Thomas 

Mr. Alexander 

Ms. Murkowski 

Mr. Talent 

Mr. Burns 

Mr. Smith* 

Mr. Bunning 

Mr. Kyl*

Mr. Bingaman 

Mr. Akaka 

Mr. Dorgan* 

Mr. Graham of Florida* 

Mr. Wyden* 

Mr. Johnson* 

Ms. Landrieu* 

Mr. Bayh* 

Mrs. Feinstein* 

Mr. Schumer* 

Ms. Cantwell

* Indicates voted by proxy. 

COMMITTEE AMENDMENTS

During consideration of S. 1107, the Committee adopted several 

amendments. The amendments delay implementation of the Act 

until January 1, 2006, so that this law will not become effective 

until after the expiration date of the Recreation Fee Demonstration 

Program. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Recreational Fee Authority Act of 

2004’’. 

Section 2(a) authorizes the Secretary of the Interior (Secretary), 

beginning January 1, 2006, to establish, modify, charge, and collect 

fees for admission to a unit of the National Park System and the 

use of the National Park Service (Service) administrated areas, 

lands, sites, facilities, and services. The Secretary is directed to 

analyze the establishment of fair and equitable fees, including the 

Government’s costs and revenues and the cumulative effect of fees 

charged to the public. 

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Subsection (b) requires the Secretary to establish the minimum 

number of fees and directs that the collection of multiple and layered fees be avoided. 

Subsection (c) directs the Secretary to report to Congress the results of the analysis and the determination of appropriate fee levels. This subsection also directs the Secretary to publish new fees 

or changes in fees in the Federal Register at least 12 months prior 

to the changes taking effect.

Subsection (d) authorizes the Secretary to enter into agreements, 

including contracts to provide reasonable commissions with any entity for reservation services, fee collection and/or processing services. 

Subsection (e) authorizes the Secretary to provide discounted or 

free admission days or use, modify the National Park Passport, and 

directs the Secretary to provide information to the public about the 

fee programs and the costs and benefits of each program. 

Subsection (f) authorizes the Secretary to enter into revenue 

sharing agreements with State agencies to accept their annual 

passes for National Park Service units within the State and convey 

the same privileges, terms, and conditions as offered under the National Park Passport. 

Section 3 directs the Secretary to retain all receipts collected pursuant to this Act or from sales of the National Park Pass and for 

expenditure may be expended as follows: (1) at least 80 percent of 

the fees collected at an area, site, or project shall remain available 

for use at that area, site, or project, except that units participating 

in revenue-sharing agreement with a state (as authorized in subsection (f)) may retain 90 percent of fee revenues; (2) the balance 

of the amounts collected shall remain available for use Servicewide; (3) revenue from sharing agreements established pursuant to 

section 2(f) may provide for a fee-sharing arrangement; and at least 

50 percent of the fees collected as a result of the sale of the National Park Passport are to remain available for use at the area 

where they were collected with the balance distributed in accordance with section 3(2). 

Section 4(a) directs the Secretary to separately account for the 

amounts available for expenditure at a specific area, site or project. 

Fee revenues may be used for (1) maintenance and facility enhancements, media services, projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and 

health and safety; (2) interpretation, visitor information, visitor 

service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, 

and restoration related to recreation use; and (4) law enforcement 

relating to public use and recreation. 

Subsection (b) prohibits the Secretary from using more than 15 

percent of total revenues to administer the recreation fee program 

including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program 

management costs, bonding of volunteers, start-up costs, and analysis and reporting on program accomplishments and effects. 

Section 5 directs the Secretary to submit a report every three 

years, beginning January 1, 2009, to Congress outlining and detailing the status, evaluation, description of projects, accomplishments, 

and recommendations for changes to the program. 

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COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the report is available, the Chairman will 

request it to be printed in the Congressional Record for the advice 

of the Senate. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1107. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1107, as ordered reported. 

EXECUTIVE COMMUNICATIONS

On July 7, 2003, the Committee on Energy and Natural Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 1107. These reports had 

not been received at the time the report on S. 1107 was filed. When 

the reports become available the Chairman will request that they 

be printed in the Congressional Record for the advice of the Senate. 

The testimony provided by the Department of the Interior at the 

Subcommittee hearing follows:

STATEMENT OF P. LYNN SCARLETT, ASSISTANT SECRETARY

FOR POLICY, MANAGEMENT AND BUDGET, DEPARTMENT

OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 1107, a bill 

to enhance the Recreational Fee Demonstration program 

for the National Park Service. We thank the Subcommittee 

for the opportunity to discuss this very important issue. 

The Department supports S. 1107 if amended to provide 

interagency authority and to address other issues identified in this testimony. The recreation fee program is vital 

to our ability to provide quality recreational facilities and 

services. It significantly enhances the Department’s efforts 

to support the President’s initiative to address the deferred 

maintenance backlog at our National Parks and enables us 

to better manage other federal lands. Authorization of a 

permanent program would allow the agencies to better 

serve visitors by making long-term investments, streamlining the program, and creating more partnerships. 

Our federal lands boast scenic vistas, breathtaking landscapes, and unique natural wonders. On these lands, many 

patriotic symbols, battlefields, memorials, historic homes, 

and many other types of sites tell the story of America. 

Federal lands have provided Americans and visitors from 

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around the world special places for recreation, education, 

reflection and solace. The family vacation to these destinations is an American tradition. We want to ensure that the 

federal lands continue to play this important role in American life and culture. Fulfilling this mission requires that 

we maintain visitor facilities and services, preserve natural and historic resources, and enhance visitor opportunities. Such efforts require an adequate and steady source of 

funding. 

Although recreation fees date back to 1908, Congress 

first established broad recreation fee authority in 1965 

under the Land and Water Conservation Fund Act 

(LWCFA). In enacting this authority, Congress acknowledged that the visitors to federal lands receive some benefits that do not directly accrue to the public at large and 

that charging a modest fee to that population is both equitable and fair to the general taxpayer. In 1996, Congress 

took that idea one step further when establishing the 

Recreation Fee Demonstration (Fee Demo) program for the 

National Park Service (NPS), the Bureau of Land Management (BLM), the U.S. Fish and Wildlife Service (Fish and 

Wildlife Service), and the U.S. Forest Service (Forest Service). During the 105th Congress, a House Appropriations 

Committee Report noted that the Fee Demo program was 

developed in direct response to the federal agencies’ concern over their growing backlog maintenance needs. Thus, 

the Fee Demo program allowed participating agencies to 

retain a majority of recreation fees at the site collected and 

reinvest those fees into enhancing visitor facilities and 

services. This authority was deliberately broad and flexible 

to encourage agencies to experiment with their fee programs. 

Our testimony today and suggested amendments to S. 

1107 are the result of a great deal of analysis and discussion through the Interagency Recreation Fee Leadership 

Council (Fee Council), which was created last year to facilitate coordination and consistency among high level officials of the Department of the Interior and U.S. Department of Agriculture (USDA). These concepts were developed from the lessons we have learned in administering 

the Fee Demo program. 

S. 1107 would authorize the Secretary to establish, modify, charge and collect recreation fees for the National Park 

Service, provided that they meet certain criteria. We agree 

with these criteria, as they are similar to the guiding principles espoused by the Department. Through the Fee 

Council and in testimony before this Committee last Congress, the Department identified seven principles that are 

critical to a successful fee program. These guiding principles indicate that fees should be: (1) beneficial to the visiting public; (2) fair and equitable; (3) efficient; (4) consistent; (5) implemented collaboratively; (6) convenient; 

and should (7) provide for accountability to the public. The 

Department has committed to applying these guiding prinVerDate jul 14 2003 01:28 Mar 13, 2004 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR233.XXX SR233
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ciples to any administrative or legislative effort concerning 

the recreation fee program. 

AN INTERAGENCY RECREATION FEE PROGRAM

S. 1107 would authorize recreation fee authority for 

NPS. The recreation fee program has been a key component in the National Park Service’s ability to provide a 

quality visitor experience. In FY 2002, NPS collected 

$125.7 million in recreation fee demonstration revenue and 

obligated $101.9 million or 81 percent of the total for 

projects that include addressing the deferred maintenance 

backlog, rehabilitating historic structures, encouraging volunteer services through the Public Land Corps, providing 

accessibility to visitors with disabilities, protecting natural 

resources, improving interpretive exhibits, and enhancing 

the safety of the visitors. In addition, NPS collected $21.7 

million from the National Park Passport and other recreation fees. Over the life of the program, NPS has approved 

$457 million in projects to address the deferred maintenance backlog. NPS also has made efforts to continually 

improve the administration of the recreation fee program 

by implementing software upgrades, automated technologies for fee collection, and modern banking systems, 

and seeking out opportunities to collaborate with other 

agencies. NPS is improving its ability to target recreation 

fees to the highest priority projects by monitoring and 

prioritizing ongoing maintenance needs through the establishment of the Facility Management Software System. 

Mr. Chairman, we appreciate the strong support and 

that this Subcommittee has given to the National Parks. 

We agree that the National Park Service has built a successful program and deserves a permanent recreation fee 

program. Experience has shown us, however, that an 

interagency fee program makes sense and would significantly enhance our ability to serve the American public at 

recreation sites on national public lands. We have found 

that the visiting public does not distinguish between lands 

managed by different federal agencies. Enhancing coordination among agencies is extraordinarily important in creating a sensible, efficient, and coherent fee program with 

seamless services that is well-understood by the public. 

Thus, a critical component of the Department’s support of 

S. 1107 is that it be amended to provide for interagency 

recreation fee authority. 

The basis for establishing a recreation fee program for 

National Parks also exists for other federal agencies. The 

pattern of recreation on our federal lands has changed dramatically. National Parks continue to be a destination favorite for American families. However, more than ever before, Americans also are choosing to recreate on lands 

managed by other federal agencies such BLM and the Fish 

and Wildlife Service. Since 1985, recreation demand has 

increased approximately 65 percent on BLM lands and 80 

percent on National Wildlife Refuges. Over the same time 

period, the Bureau of Reclamation estimates an increase of 

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10 million recreation visits for a total of 90 million visits 

to their 288 lakes. With this increase in visitation is an increase in visitor demand for adequate visitor facilities and 

services. Because our visitors do not distinguish among 

federal land management agencies, many expect to find 

the same amenities typically provided at National Parks, 

including hosted campgrounds, permanent toilet facilities, 

and potable drinking water. This increase in visitor use on 

these other federal lands also creates a greater need to expend funds to protect natural and cultural resources—the 

resources that are often the very reason visitors are drawn 

to the particular site. 

Although the geographic and logistical characteristics of 

some locations make the collection of recreation fees easier 

than for others, we believe that the relevant policy question of whether recreation fee authority should be given to 

an agency is whether the visiting public would benefit 

from enhanced recreation facilities and other visitor services that would result from such fees being charged. Visitors to these other Department of the Interior lands, as 

well as lands managed by other agencies, such as the U.S. 

Forest Service, in other Departments have and should continue to benefit from enhanced facilities and services.

Through the Fee Demo program, BLM and the Fish and 

Wildlife Service have invested recreation fees to meet visitor demands and improve the recreation experience. For 

example, the BLM’s Lake Havasu Field Office in Arizona 

has used recreation fees to replace 50 leaking and deteriorating fiberglass outhouses with 36 block wall accessible 

restrooms. Recreation fees also contributed to the installation of 700 feet of river bank block walls, which will help 

protect the newly constructed restrooms as well as stabilize the campsites’ eroding shoreline. The Fish and Wildlife Service also has used fees to offer some unique opportunities to visitors. At California’s Modoc National Wildlife 

Refuge, the Fish and Wildlife Service used recreation fees 

to benefit hunters and photographers by replacing an old 

hay bale blind with a new wooden, more accessible hunting and photo blind, complete with access ramp. At the 

National Elk Refuge, the Fish and Wildlife Service collects 

an Elk hunt permit recreation fee of $1 per hunter at the 

weekly hunter drawings in October, November, and December. These recreation fees are used to rent a fair pavilion building from the county to conduct refuge hunt orientation and permit drawings at the beginning of each 

hunting season. Hundreds of hunters attend each year. In 

addition, the modest recreation fee allows the Fish and 

Wildlife Service to purchase retrieval carts and sleds for 

the hunters’ use and shooting sticks to encourage ethical 

hunting. 

A NEW ANNUAL INTERAGENCY NATIONAL PASS

S. 1107 would allow for modifications of the National 

Park Passport. For reasons that include those above, we 

propose creating a new annual interagency pass that 

9

would expand the National Parks Passport to cover all 

participating agencies and would consolidate the Golden 

Passes established under the Land and Water Conservation Fund Act. We believe that the National Park Passport 

developed by Senator Thomas a few years ago is an excellent model for such a program. We would like to expand 

on its successes—the image competition as well as the 

modern marketing techniques, and innovative, administration provisions. By consolidating these passes, the interagency pass would decrease visitor confusion about passes 

and shift the emphasis to recreation opportunities on our 

federal lands rather than an agency-centric view. We envision that the interagency pass would be provided to seniors at substantial discounts and to persons with disabilities free of charge. The interagency pass would retain the 

look and program qualities of the National Park Passport, 

and we would work to maintain the stream of revenue to 

NPS. As relevant data are collected, the distribution formula of interagency pass revenues would be periodically 

reevaluated through the Fee Council. 

STANDARDIZING RECREATION FEES AND MINIMIZING FEE

LAYERING

S. 1107 would direct the Secretary to establish the minimum number of fees and avoid fee layering where possible. The Department supports this goal. One problem 

that has led to increased fee layering is the absence of 

clear definitions of what activities are covered by ‘‘entrance’’ fees and those that are covered by ‘‘use’’ fees. This 

issue has been complicated by historical fee definitions in 

the LWCFA and differences among agencies in legislative 

fee authorities. The result has been that, at some sites, a 

use fee was established rather than an entrance fee, and 

at other sites, an additional use fee was charged for the 

primary attraction of the site when the activity should 

have been covered by an already-paid entrance fee. The 

lack of consistency among and within agencies has led to 

visitor confusion and some expression of frustration about 

fee layering and the related issue of when the Golden 

passes and the National Park Passport may be used. 

In the Department’s testimony before this Committee 

during the 107th Congress, we proposed addressing these 

concerns by creating a new system of ‘‘basic’’ and ‘‘expanded’’ recreation fees that would be consistently applied 

across all agencies and would minimize fee layering by ensuring that the basic fee covers the primary attraction of 

the site. Under this system, restrictions would be put in 

place to ensure that the visiting public would not be 

charged if the agency is not making a certain level of investment in visitor services. All passes established under 

this system would have covered the basic recreation fee at 

all sites.

The Department and USDA have moved forward to administratively implement such a system. Although we are 

retaining the LWCF terminology, the agencies are making 

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adjustments to standardize the classification of fees to decrease visitor confusion about the passes and minimize fee 

layering. For example, the Forest Service is expanding and 

clarifying the benefits of the Golden Passes to include 1800 

additional sites. The previous pass policy at those sites 

was extremely confusing: the Golden Eagle Pass was not 

accepted, Golden Age and Access passholders were given a 

50 percent discount, while a regional pass, the Northwest 

Forest Pass, was accepted in full. While NPS currently accepts passes at a majority of its fee sites, six sites that established use fees for the primary attraction to the site 

now accept passes. In addition, NPS is evaluating 14 sites 

where use fees should possibly be converted to entrance 

fees and passes should be accepted. 

The Department would like to make as many efforts as 

possible to streamline the recreation fee system. However, 

our experience has shown that eliminating all fee-layering 

or what might better be thought of as tiered fees is neither 

fair nor equitable, especially for specialized services such 

as camping, reservations, enhanced tours, or group events. 

The notion behind charging a fee beyond the basic recreation fee is that certain recreation activities require additional attention by agency staff or involve costs that should 

not be borne by the general public through taxpayer funds 

or by the rest of the visiting public through the basic recreation fee. The system must balance fairness and equity 

principles by carefully considering the relationship between who pays and who benefits. 

Another important consideration is fee levels. The Department is committed to revaluating the recreation fees 

charged and their impact on low- and middle-class visitors. 

First, recreation fees represent a small percentage of the 

out-of-pocket costs that an average family spends on a typical vacation. Second, recreation fees are reasonable in 

comparison to those charged at other recreational activities. For example, in Jackson Hole, Wyoming, a family of 

four would pay $20 for a seven day pass to both Grand 

Teton National Park and Yellowstone National Park. In 

contrast, in Jackson Hole, the family would have to pay 

approximately $408 for two snowmobiles for a single day 

and $27.50 for 2–3 hours of entertainment at a movie theatre. 

PARTNERSHIPS WITH STATES AND GATEWAY COMMUNITIES

S. 1107 would authorize the Secretary to enter into 

agreements with public and private entities for visitor reservation services, fee collection or processing services. The 

Department supports this provision as it would allow us, 

among other things, to more vigorously seek out opportunities to engage gateway communities through the recreation 

fee program. Such efforts are consistent with Secretary 

Norton’s ‘‘Four C’s’’—Communication, Consultation, and 

Cooperation, all in the service of Conservation. Given our 

experience with cooperative decisionmaking within the Fee 

11

Demo program, we believe that any future fee program 

should foster collaborative opportunities. 

Through these partnerships, the Department and gateway communities can work together to promote tourism 

and to better serve visitors. One example of the type of 

partnership that could flourish under a permanent recreation fee program is the Sand Flats Agreement entered 

into in 1994 by BLM and the gateway community of Grand 

County, Utah. Sand Flats is a 7,000–acre BLM recreational area outside Moab, Utah. It is highly popular, 

particularly with mountain bikers. In the early 1990s, its 

popularity increased so much that the BLM was no longer 

able to manage and police the area. Looking for a creative 

solution, BLM entered into a cooperative agreement with 

the county under which the county would collect recreation 

fees and use them to manage and police the highly popular 

recreational area. The county and its citizens have benefited from a more vigorous tourist trade; the BLM now has 

a signature recreation area; and visitors can safely enjoy 

the Sand Flats area. We believe that the Sand Flats 

Agreement is an excellent model of a mutually beneficial 

partnership and that the opportunity to craft these types 

of agreements exists across the country. With a permanent 

recreation fee program, we will be better able to make the 

necessary investments to identify and move forward on 

such opportunities.

S. 1107 would authorize the Secretary to enter into revenue sharing agreements with states to accept their state 

annual passes at National Parks and would direct that the 

NPS’ share of the fees be distributed equally to all NPS 

units in the states that are party to the revenue sharing 

agreement. The Department recommends amending this 

provision. While we support the creation of passes that 

might allow entry to both state and federal recreation 

sites, the provision as drafted presents a number of problems. To be viable from a business perspective, a combined 

federal-state pass would have to be priced to capture the 

appropriate level of value from both state and federal systems. Unless the pass is priced appropriately, simply splitting the total revenues collected based on the price of existing state passes is likely to result in a net loss for both 

federal and state parties—the pie will be smaller for both 

federal and state parties. In addition, this provision would 

break the direct link between the site of collection and the 

site where a majority of the fees are expended. This link 

has served as the rationale for the recreation fee program 

and is strongly associated with the public’s support of fees. 

Acceptance of a state pass to federal lands also presents 

valuation complications, including impacts on the value of 

federal passes, varying pricing and benefits of different 

state passes and related equity concerns with regard to 

residents of different states. 

The Department would prefer creating partnerships with 

states through a more flexible provision that would authorize cooperative agreements for regional multi-entity 

12

passes. Providing visitors and residents of nearby communities with a well-structured, appropriately priced, regional 

multi-entity pass would avoid these problems while allowing for benefits that could extend to other federal, state, 

and private entities. Recognizing that recreation areas and 

the visitors who enjoy them do not necessarily follow state 

boundaries, our experience has shown that regional multientity passes offer greater flexibility and can be tailored to 

meet identified recreational demands. One example of a 

successful regional pass is the Visit Idaho Playground 

(VIP) Pass, which covers all entrance and certain day-use 

fees at a variety of state and federal sites including those 

under the jurisdiction of the Idaho Department of Parks 

and Recreation, the Idaho Department of Commerce, the 

Bureau of Reclamation, USDA Forest Service, NPS, and 

BLM. 

Our proposed provision also could provide for another 

type of cooperative pass program similar to that provided 

in S.1107, but with fewer unwanted impacts to both the 

state and federal recreation fee programs. The Department 

and USDA are currently considering a program to develop 

a State Parks hologram upgrade to the Golden Eagle Passport. Under this pilot project, visitors will be given the opportunity to upgrade their Golden Eagle Passports to include an entire state park system for an additional fee. As 

it is currently being proposed, visitors would purchase a 

hologram sticker that they can affix to their Golden Eagle 

Passports, upgrading it to cover a state park system. We 

should note that a single interagency national pass would 

streamline these types of regional arrangements. This cooperative pass program has been complicated by the existence of four national passports—the Golden Eagle Passport, the Golden Age Passport, the Golden Access Passport, and the National Parks Passport. Oregon is preparing to offer this optional upgrade for around $20 beginning in calendar year 2004. We will keep the Subcommittee informed on the development of this innovative 

pilot program. 

ADMINISTRATION OF THE RECREATION FEE PROGRAM

S. 1107 would require the Secretary to analyze certain 

criteria with regard to fee levels, transmit the analysis to 

Congress, publish notice of the fees in the Federal Register, and then wait 12 months before establishing or 

changing recreation fees while, at the same time, establish 

a cap on the cost of collection at 15 percent. This bill also 

would require the Secretary to submit a report on the status of the recreation fee program to Congress every three 

years. While we strongly support improving Congressional 

reporting requirements on this program, we are concerned 

that the process set forth in S. 1107 would expend unnecessary resources by duplicating existing work that the 

agencies conduct in administering the recreation fee program and that the cost of collection cap is unrealistic. We 

would like to work with the Subcommittee to craft reportVerDate jul 14 2003 01:28 Mar 13, 2004 Jkt 029010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6969 E:\HR\OC\SR233.XXX SR233
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ing and cost of collection provisions that meet the needs of 

Congress and the public while taking into account agency 

experience and current efforts to administer the recreation 

fee program.

ADMINISTRATIVE EFFORTS TO IMPROVE THE RECREATION FEE

PROGRAM

Through the Fee Council and other efforts, we are continually evaluating and developing responses to the successes and shortcomings of experiments agencies are conducting through the Fee Demo program. The Department 

and USDA are moving forward on a number of administrative efforts to improve the recreation fee program including: 

• Creating an annual interagency ‘‘fee-free’’ day on 

National Public Lands Day in September; 

• Developing consistent application of the definitions of ‘‘entrance’’ and ‘‘use’’ fees and thus, streamlining and clarifying the acceptance of the Golden 

passes, as described earlier in this testimony; 

• Implementing an interagency system to award 

volunteers with passes; 

• Establishing a single reservation system for all 

visitors to most federal lands; 

• Improving the website www.recreation.gov to include information about recreation fees; and 

• Collecting data at National Parks on pass usage 

to better understand and serve the visiting public. 

THE FUTURE OF THE RECREATION FEE PROGRAM

We have learned a great deal from our experience in administering the Fee Demo program and believe we are 

ready to translate that experience into a permanent recreation fee program. Delay could result in a lost opportunity 

to implement a more productive, streamlined recreation 

fee system that is designed to enhance the visitor’s experience. Establishing a permanent program does not mean 

the learning ends here. We support a dynamic recreation 

fee program that responds to new lessons learned and 

builds on success stories. We believe S. 1107, with the 

amendments suggested in this testimony, would create 

such a dynamic program while providing the Department 

the certainty of a permanent program. A permanent program would allow the Department to make long-term investments, improve efficiencies, and initiate more partnerships. Mr. Chairman, the Department thanks you for your 

leadership on this issue and looks forward to working with 

the Subcommittee as SA 107 moves forward. 

Mr. Chairman, in conclusion, I would be pleased to answer any questions you or other members of the Subcommittee may have.

14

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 1107, as ordered reported.

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