II

104TH CONGRESS

1ST SESSION S. 964

To amend the Land and Water Conservation Fund Act of 1965 with respect

to fees for admission into units of the National Park System, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 23 (legislative day, JUNE 19), 1995

Mr. JOHNSTON introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To amend the Land and Water Conservation Fund Act of

1965 with respect to fees for admission into units of

the National Park System, 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 ‘‘Park Renewal Fund

5 Act’’.

6 SEC. 2. FEES.

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

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

9 6a(a)) is amended as follows:
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1 (1) Delete ‘‘fee-free travel areas’’ and ‘‘lifetime

2 admission permit’’ from the title of this section.

3 (2) In paragraph (a)(1)(A)(i) by striking the

4 first and second sentences and inserting in lieu

5 thereof, ‘‘For admission into any such designated

6 area, an annual admission permit (to be known as

7 the Golden Eagle Passport) shall be available for a

8 fee and under such conditions as to be determined

9 by the Secretary of the Interior and the Secretary

10 of Agriculture.’’

11 (3) In paragraph (a)(1)(B) by striking the sec12 ond sentence.

13 (4) Delete paragraph (a)(2) in its entirety and

14 insert in lieu thereof: ‘‘Reasonable admission fees for

15 a single visit to any designated unit shall be estab16 lished by the administering Secretary for persons

17 who choose not to purchase the annual permit. A

18 ‘single visit’ means a continuous stay within a des19 ignated unit. Payment of a single visit admission fee

20 shall authorize exits from and reentries to a des21 ignated unit for a period to be defined for each des22 ignated unit by the administering Secretary based

23 upon a determination of the period of time reason24 ably and ordinarily necessary for such a single

25 visit.’’
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1 (5) In paragraph (a)(3) by inserting the word

2 ‘‘Great’’ in the third sentence before ‘‘Smoky’’.

3 (6) In paragraph (a)(3) delete the last sentence.

4 (7) Delete paragraph (a)(4) in its entirety and

5 insert in lieu thereof: ‘‘The Secretary of the Interior

6 and the Secretary of Agriculture shall establish pro7 cedures for discounted admission fees to any citizen

8 of, or person legally domiciled in, the United States

9 sixty-two years of age or older, such discount to be

10 received upon proof of age. Any such discount will

11 be nontransferable, applied only to the individual

12 qualifying on the basis of age, and given notwith13 standing the method of travel. No fees of any kind

14 shall be collected from any persons who have a right

15 of access for hunting or fishing privileges under a

16 specific provision of law or treaty or who are en17 gaged in the conduct of official Federal, State, or

18 local government business.’’

19 (8) Delete paragraph (a)(5) in its entirety and

20 insert in lieu thereof: ‘‘The Secretary of the Interior

21 and the Secretary of Agriculture shall establish pro22 cedures providing for the issuance of a lifetime ad23 mission permit to any citizen of, or person legally

24 domiciled in, the United States, if such citizen or

25 person applies for such permit and is permanently
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1 disabled. Such procedures shall assure that such

2 permit shall be issued only to persons who have been

3 medically determined to be permanently disabled.

4 Such permit shall be nontransferable, shall be issued

5 without charge, and shall entitle the permittee and

6 one accompanying individual to general admission

7 into any area designated pursuant to this subsection,

8 notwithstanding the method of travel.

9 (9) In paragraph (a)(6)(A) by striking ‘‘No

10 later than 60 days after December 22, 1987’’ and

11 inserting ‘‘No later than six months after enact12 ment’’ and striking ‘‘Interior and Insular Affairs’’

13 and inserting ‘‘Resources’’.

14 (10) Delete paragraphs (a)(9) and (a)(11) in

15 their entirety. Renumber current paragraph ‘‘(10)’’

16 as ‘‘(9)’’ and current paragraph ‘‘(12)’’ as ‘‘(10)’’.

17 (b) RECREATION FEES.—Section 4(b) of the Land

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

19 460l–6a(b)) is amended as follows:

20 (1) Delete ‘‘FEES FOR GOLDEN PASSPORT

21 PERMITTEES’’ from section title.

22 (2) Delete the following: ‘‘personal collection of

23 the fee by an employee or agent of the Federal agen24 cy operating the facility’’.
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1 (3) Deleting ‘‘Any Golden Age Passport permit2 tee, or’’ and inserting thereof ‘‘Any’’.

3 (c) CRITERIA, POSTING AND UNIFORMITY OF

4 FEES.—Section 4(d) of the Land and Water Conservation

5 Fund Act of 1965 (16 U.S.C. 460l–6a(d)) is amended by

6 deleting from the first sentence, ‘‘recreation fees charged

7 by non-Federal public agencies,’’ and inserting in lieu

8 thereof ‘‘fees charged by other public and private enti9 ties,’’.

10 (d) RULES AND REGULATIONS.—Section 4(e) of the

11 Land and Water Conservation Fund Act of 1965 (16

12 U.S.C. 460l–6a(e)) is amended by deleting ‘‘of not more

13 than $100.’’ and inserting in lieu thereof ‘‘as provided by

14 law.’’.

15 (e) FEDERAL AND STATE LAWS UNAFFECTED.—Sec16 tion 4(g) of the Land and Water Conservation Fund Act

17 of 1965 (16 U.S.C. 460l–6a(g)) is amended by deleting

18 the following in the first sentence ‘‘or fees or charges for

19 commercial or other activities not related to recreation,’’

20 and inserting ‘‘Provided, however, That in those park

21 areas under partial (if applicable) or exclusive jurisdiction

22 of the United States where State fishing licenses are not

23 required, the National Park Service may charge a fee for

24 fishing.’’.
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1 (f) TECHNICAL AMENDMENTS.—Section 4(h) of the

2 Land and Water Conservation Fund Act of 1965 (16

3 U.S.C. 460l–6a(h)) is amended—

4 (1) by striking ‘‘Bureau of Outdoor Recreation’’

5 and inserting in lieu thereof, ‘‘National Park Serv6 ice’’;

7 (2) by striking ‘‘Interior and Insular Affairs of

8 the United States House of Representatives and

9 United States Senate’’ and inserting in lieu thereof,

10 ‘‘Resources of the United States House of Rep11 resentatives and on Energy and Natural Resources

12 of the United States Senate’’; and

13 (3) by striking ‘‘Bureau’’ and inserting in lieu

14 thereof, ‘‘National Park Service’’.

15 (g) USE OF FEES.—Section 4(i) of the Land and

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

17 6a(i)) is amended as follows:

18 (1) After ‘‘(i)’’ by inserting ‘‘USE OF

19 FEES.—’’.

20 (2) In the first sentence of subparagraph (B)

21 by striking ‘‘fee collection costs for that fiscal year’’

22 and inserting in lieu thereof, ‘‘fee collection costs for

23 the immediately preceding fiscal year’’ and by strik24 ing ‘‘section in that fiscal year’’ and inserting in lieu
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1 thereof, ‘‘section in such immediately preceding fis2 cal year.’’

3 (3) In the second sentence of subparagraph (B)

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

5 (4) By adding the following at the end of para6 graph (1):

7 ‘‘(C) Notwithstanding subparagraph (A)

8 beginning in fiscal year 1996 and each fiscal

9 year thereafter, all additional fee revenue gen10 erated by the National Park Service through

11 enactment of this legislation, as authorized to

12 be collected pursuant to subsection 4 (a) and

13 (b), shall be covered into a special fund estab14 lished in the Treasury of the United States to

15 be known as the ‘National Park Renewal

16 Fund’. In fiscal year 1997 and each fiscal year

17 thereafter, the amount of additional fee revenue

18 generated in the immediately preceding fiscal

19 year by the National Park Service through en20 actment of this legislation shall be available to

21 the Secretary of the Interior, without further

22 provision in appropriations Acts, for infrastruc23 ture needs at parks including but not limited to

24 facility refurbishment, repair and replacement,

25 interpretive media and exhibit repair and re-
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1 placement, and infrastructure projects associ2 ated with park resource protection. Such

3 amounts shall remain available until expended.

4 The Secretary shall develop procedures for the

5 use of the fund that ensure accountability and

6 demonstrated results consistent with the pur7 poses of this Act. Beginning the first full fiscal

8 year after the creation of the ‘National Park

9 Renewal Fund’, the Secretary shall submit an

10 annual report to the Congress, on a unit-by11 unit basis, detailing the expenditures of such

12 receipts. In fiscal year 1996 only, fees author13 ized to be collected pursuant to subsections 4

14 (a) and (b) of this Act may be collected only to

15 the extent provided in advance in appropria16 tions Acts.’’.

17 (5) Paragraph (4)(A) is amended by striking

18 ‘‘resource protection, research, and interpretation’’

19 and inserting in lieu thereof, ‘‘park operations’’.

20 (h) SELLING OF PERMITS.—Section 4(k) of the Land

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

22 460l–6a(k)) is amended by:

23 (1) striking ‘‘SELLING OF ANNUAL ADMISSION

24 PERMITS BY PUBLIC AND PRIVATE ENTITIES
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1 UNDER ARRANGEMENTS WITH COLLECTING AGEN2 CY HEAD’’ from the title of this section, and

3 (2) deleting the last two sentences, regarding

4 the sale of Golden Eagle Passports, from this sec5 tion.

6 (i) CHARGES FOR TRANSPORTATION PROVIDED BY

7 THE NATIONAL PARK SERVICE.—

8 (1) Section 4(l)(1) of the Land and Water Con9 servation Fund Act of 1965 (16 U.S.C. 460l–6a(1))

10 is amended by striking the word ‘‘VIEWING’’ from

11 the section title and inserting in lieu thereof ‘‘VISIT12 ING’’.

13 (2) Section 4(l)(1) of the Land and Water Con14 servation Fund Act of 1965 (16 U.S.C. 460l–6a(1))

15 is amended by deleting the word ‘‘view’’ and insert16 ing in lieu thereof ‘‘visit’’.

17 (3) Section 4(l)(2) of the Land and Water Con18 servation Fund Act of 1965 (16 U.S.C. 460l–6a(1))

19 is amended by deleting paragraph (2) and inserting

20 in lieu thereof: ‘‘Notwithstanding any other provision

21 of law, the charges imposed under paragraph (1)

22 shall be retained by the unit of the National Park

23 System at which the service was provided. The

24 amount retained shall be expended for costs associ-
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1 ated with the transportation systems at the unit

2 where the charge was imposed.’’

3 (j) COMMERCIAL TOUR FEES.—Section 4 of the

4 Land and Water Conservation Fund Act of 1965 (16

5 U.S.C. 460l–6a(n)) is amended by striking section (2) in

6 its entirety and inserting in lieu thereof: ‘‘(2) The Sec7 retary shall establish a flat fee, per entry, for such vehi8 cles. The amount of the said flat fee shall reflect both the

9 commercial tour use fee rate and current admission

10 rates.’’

11 (k) FEES FOR SPECIAL USES.—Section 4 of the

12 Land and Water Conservation Fund Act of 1965 (16

13 U.S.C. 460l–6a) is amended by adding the following at

14 the end thereof:

15 ‘‘(o) FEES FOR COMMERCIAL/NONRECREATIONAL

16 USES.—Utilizing the criteria established in section 4(d)

17 (16 U.S.C. 460l–6a(d)), the Secretary of the Interior shall

18 establish reasonable fees for nonrecurring commercial or

19 nonrecreational uses of National Park System units that

20 require special arrangements, including permits. At a min21 imum, such fees will cover all costs of providing necessary

22 services associated with such use, except that at the Sec23 retary’s discretion, the Secretary may waive or reduce

24 such fees in the case of any organization using an area

25 within the National Park System for activities which fur-
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1 ther the goals of the National Park Service. Receipts from

2 such fees may be retained at the park unit in which the

3 use takes place, and remain available, without further ap4 propriation, to cover the cost of providing such services.

5 The portion of such fee which exceeds the cost of providing

6 necessary services associated with such use shall be depos7 ited into the National Park Renewal Fund.’’

8 (l) FEE AUTHORITY.—Section 4 of the Land and

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

10 6a) is amended by adding the following new subsection

11 at the end thereof:

12 ‘‘(p) ADMISSION OR RECREATION USE FEES.—No

13 admission or recreation use fee of any kind shall be

14 charged or imposed for entrance into, or use of, any feder15 ally owned area operated and maintained by a Federal

16 agency and used for outdoor recreation purposes, except

17 as provided for by this Act.’’.

18 SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELA19 WARE WATER GAP NATIONAL RECREATION

20 AREA.

21 (a) IN GENERAL.—Effective at noon on September

22 30, 2005, the use of Highway 209 within the Delaware

23 Water Gap National Recreation Area by commercial vehi24 cles, when such use is not connected with the operation
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1 of the recreation area, is prohibited, except as provided

2 in section (b).

3 (b) LOCAL BUSINESS USE PROTECTED.—Subsection

4 (a) does not apply with respect to the use of commercial

5 vehicles to serve businesses located within or in the vicinity

6 of the recreation area, as determined by the Secretary.

7 (c) CONFORMING PROVISIONS.—(1) Paragraphs (1)

8 through (3) of the third undesignated paragraph under

9 the heading ‘‘ADMINISTRATIVE PROVISIONS’’ in

10 chapter VII of title I of Public Law 98–63 (97 Stat. 329),

11 are repealed, effective September 30, 2005.

12 (2) Prior to noon on September 30, 2005, the Sec13 retary shall collect and utilize a commercial use fee from

14 commercial vehicles in accordance with paragraphs (1)

15 through (3) of such third undesignated paragraph. Such

16 fee shall not exceed $25 per trip.

17 SEC. 4. CHALLENGE COST SHARE AGREEMENTS.

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

19 authorized to negotiate and enter into challenge cost-share

20 agreements with cooperators. For purposes of this section,

21 the term—

22 (1) ‘‘challenge cost-share agreement’’ means

23 any agreement entered into between the Secretary

24 and any cooperator for the purpose of sharing costs

25 or services in carrying out authorized functions and
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1 responsibilities of the Secretary with respect to any

2 unit or program of the National Park System (as

3 defined in section 2(a) of the Act of August 8, 1953

4 (16 U.S.C. 1c(a)), any affiliated area, or designated

5 National Scenic or Historic Trail; and

6 (2) ‘‘cooperator’’ means any State or local gov7 ernment, public or private agency, organization, in8 stitution, corporation, individual, or other entity.

9 (b) USE OF FEDERAL FUNDS.—In carrying out chal10 lenge cost-share agreements, the Secretary is authorized

11 to provide the Federal funding share from any funds avail12 able to the National Park Service.

13 SEC. 5. DONATIONS.

14 (a) REQUESTS FOR DONATIONS.—In addition to the

15 Secretary’s other authorities to accept the donation of

16 lands, buildings, other property, services, and moneys for

17 the purposes of the National Park System, the Secretary

18 is authorized to solicit donations of money, property, and

19 services from individuals, corporations, foundations, and

20 other potential donors who the Secretary believes would

21 wish to make such donations as an expression of support

22 for the national parks. Such donations may be accepted

23 and used for any authorized purpose or program of the

24 National Park Service, and donations of money shall re25 main available for expenditure without fiscal year limita-
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1 tion. Any employees of the Department to whom this au2 thority is delegated shall be set forth in the written guide3 lines issued by the Secretary pursuant to paragraph (d).

4 (b) EMPLOYEE PARTICIPATION.—Employees of the

5 National Park Service may solicit donations only if the

6 request is incidental to or in support of, and does not

7 interfere with their primary duty of protecting and admin8 istering the parks or administering authorized programs,

9 and only for the purpose of providing a level of resource

10 protection, visitor facilities, or services for health and safe11 ty projects, recurring maintenance activities, or for other

12 routine activities normally funded through annual agency

13 appropriations. Such requests must be in accordance with

14 the guidelines issued pursuant to subparagraph (d).

15 (c) PROHIBITIONS.—(1) A donation may not be ac16 cepted in exchange for a commitment to the donor on the

17 part of the National Park Service or which attaches condi18 tions inconsistent with applicable laws and regulations or

19 that is conditioned upon or will require the expenditure

20 of appropriated funds that are not available to the Depart21 ment, or which compromises a criminal or civil position

22 of the United States or any of its departments or agencies

23 or the administrative authority of any agency of the

24 United States.
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1 (2) In utilizing the authorities contained in this sec2 tion employees of the National Park Service shall not di3 rectly conduct or execute major fund raising campaigns,

4 but may cooperate with others whom the Secretary may

5 designate to conduct such campaigns on behalf of the Na6 tional Park Service.

7 (d) GUIDANCE.—(1) The Secretary shall issue writ8 ten guidelines setting forth those positions to which he has

9 delegated his authority under paragraph (a) and the cat10 egories of employees of the National Park Service that are

11 authorized to request donations pursuant to paragraph

12 (b). Such guidelines shall also set forth any limitations

13 on the types of donations that will be requested or accept14 ed as well as the sources of those donations.

15 (2) The Secretary shall publish guidelines which set

16 forth the criteria to be used in determining whether the

17 solicitation or acceptance of contributions of lands, build18 ings, other property, services, moneys, and other gifts or

19 donations authorized by this section would reflect unfavor20 ably upon the ability of the Department of the Interior

21 or any employee to carry out its responsibilities or official

22 duties in a fair and objective manner, or would com23 promise the integrity or the appearance of the integrity

24 of its programs or any official involved in those programs.

25 The Secretary shall also issue written guidance on the ex-
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1 tent of the cooperation that may be provided by National

2 Park Service employees in any major fund raising cam3 paign which the Secretary has designated others to con4 duct pursuant to paragraph (c)(2).

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

6 RESOURCES.

7 Public Law 101–337 is amended as follows:

8 (a) In section 1 (16 U.S.C. 19jj), by amending

9 subsection (d) to read as follows:

10 ‘‘(d) ‘Park system resource’ means any living or non11 living resource that is located within the boundaries of a

12 unit of the National Park System, except for resources

13 owned by a non-Federal entity.’’.

14 (b) In section (16 U.S.C. 19jj) by adding at the

15 end thereof the following:

16 ‘‘(g) ‘Marine or aquatic park system resource’ means

17 any living or non-living part of a marine or aquatic regi18 men within or is a living part of a marine or aquatic regi19 men within the boundaries of a unit of the National Park

20 System, except for resources owned by a non-Federal

21 entity.’’.

22 (c) In section 2(b) (16 U.S.C. 19jj–1(b)), by

23 striking ‘‘any park’’ and inserting in lieu thereof,

24 ‘‘any marine or aquatic park’’.

Æ