Calendar No. 649

103D CONGRESS

2D SESSION S. 2121

A BILL

National Park Service, and for other purposes.

To promote entrepreneurial management of the

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment
II

Calendar No. 649

103D CONGRESS

2D SESSION S. 2121

To promote entrepreneurial management of the National Park Service, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 16), 1994

Mr. JOHNSTON (by request) introduced the following bill; which was read

twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment

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

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’’.
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1 SEC. 2. FINDINGS.

2 In furtherance of the Act of August 25, 1916 (39

3 Stat. 535), as amended (16 U.S.C. 1, 2–4), which directs

4 the Secretary of the Interior to administer areas of the

5 National Park System in accordance with the fundamental

6 purpose of conserving the scenery, wildlife, natural and

7 historic objects, and providing for their enjoyment in a

8 manner that will leave them unimpaired for the enjoyment

9 of future generations, the Congress finds that—

10 (1) management of the National Park System

11 requires entrepreneurial strategies that will enable

12 the National Park Service to meet the increasing de13 mands placed on the System by the American public;

14 and

15 (2) in order to preserve the natural and cultural

16 resources of the System for future generations and

17 provide for appropriate enjoyment of those re18 sources, the National Park Service must increase

19 revenues by reforming the nature, level and collec20 tion of fees, and increasing voluntary donations and

21 partnerships.

22 SEC. 3. DEFINITIONS.

23 As used in this Act, the term—

24 (1) ‘‘park’’ means a unit of the National Park

25 System; and
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1 (2) ‘‘Secretary’’ means the Secretary of the In2 terior.

3 SEC. 4. FEES.

4 (a) ADMISSION FEES.—

5 (1) IN GENERAL.—The Secretary shall establish

6 reasonable admission fees to be charged at units of

7 the National Park System where the Secretary de8 termines that such fees are appropriate and feasible.

9 (2) ANNUAL PASSES.—For admission or en10 trance into any unit of the National Park System

11 designated by the Secretary pursuant to this section,

12 or into several specific units located in a particular

13 geographic area, or for entrance to all units where

14 an admission fee is charged, the Secretary is author15 ized to make available annual admission permits for

16 reasonable fees to be determined by the Secretary.

17 (3) SINGLE VISITS.—The Secretary shall estab18 lish reasonable admission fees for a single visit at

19 any unit of the National Park System designated by

20 the Secretary pursuant to this section for persons

21 who choose not to purchase an annual pass.

22 (b) RECREATION USE FEES.—The Secretary shall

23 establish reasonable fees for specialized outdoor recreation

24 sites, facilities, equipment, or services that are provided

25 or furnished at Federal expense.
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1 (c) SPECIAL PARK USES.—The Secretary shall estab2 lish reasonable fees for uses of park units that require spe3 cial arrangements including permits. The fees shall cover

4 all costs or providing necessary services associated with

5 special uses and shall be credited to the appropriation cur6 rent at that time.

7 (d) RETENTION OF FEES.—(1) Except as provided

8 below, fees collected pursuant to subsections 4 (a) and (b)

9 of this Act shall be deposited in the special fund account

10 established in section 4 of the Land and Water Conserva11 tion Fund Act of 1965 (16 U.S.C. 460 1–6a(i)(4)).

12 (2) Notwithstanding any other provision of law, be13 ginning in fiscal year 1995 and thereafter, an amount

14 equal to 15 percent of the total fees collected in the imme15 diate preceding fiscal year pursuant to subsections 4 (a)

16 and (b) shall be deducted from the current year collections

17 and shall be deposited into a special fund established in

18 the Treasury of the United States titled ‘‘Fee Collection

19 Support—National Park System’’ and shall be available

20 to the Secretary without further appropriation to cover the

21 costs of collection of the fees, to remain available until

22 expended.

23 (3) Notwithstanding any other provision of law, be24 ginning in fiscal year 1996 and thereafter, 50 percent of

25 the difference in additional receipts collected during the
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1 immediate preceding fiscal year as compared to total re2 ceipts collected in fiscal year 1993 shall be deducted from

3 the current year collections and shall be covered into a

4 special fund established in the Treasury of the United

5 States titled ‘‘National Park Renewal Fund’’, and shall

6 be available to the Secretary without further appropriation

7 for infrastructure needs at parks, including but not limited

8 to facility refurbishment, repair and replacement, re9 sources protection, interpretive/educational media (exhib10 its), and other infrastructure projects beneficial to park

11 resources, to remain available until expended.

12 (4) In fiscal year 1995 only, fees authorized to be

13 collected pursuant to subsections 4 (a) and (b) of this Act

14 may be collected only to the extent provided in advance

15 in appropriations acts and shall be credited to the appro16 priate special fund accounts described in this Act. In addi17 tion, said fees shall be available for the purposes of this

18 Act only to the extent provided in advance in appropria19 tions acts and are authorized to be appropriated to remain

20 available until expended. In fiscal year 1996 and there21 after, fees collected as authorized to be collected pursuant

22 to subsections 4 (a) and (b) of this Act may be collected

23 as authorized by this Act and shall be available as pro24 vided in this Act without further provision in appropria25 tions acts.
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1 (e) USE OF FEES.—The Secretary shall develop pro2 cedures for the use of these receipts that ensure account3 ability and demonstrated results consistent with the pur4 poses of this Act. The Secretary shall report annually to

5 Congress on the expenditure of funds from fees collected,

6 beginning after the first full fiscal year following enact7 ment of this Act.

8 (f) DISCOUNTS.—In establishing the fees authorized

9 in this section, the Secretary shall establish appropriate

10 discounts for educational groups, persons sixty-two years

11 of age or older, or persons who are blind or permanently

12 disabled. The Secretary may also establish criteria when

13 the fees may be waived for these groups or individuals.

14 (g) CRITERIA.—All fees established pursuant to this

15 section shall be fair and equitable, taking into consider16 ation the direct and indirect cost to the Government, the

17 benefits to the recipient, the public policy or interest

18 served, the comparable fees charged by non-Federal public

19 and private agencies, the economic and administrative fea20 sibility of fee collection and other pertinent factors. The

21 Secretary shall from time to time review the fees for con22 sistency with the provisions of this subsection and provide

23 timely public notice of any proposed changes in the fees.
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1 SEC. 5. DONATIONS.

2 (a) REQUESTS FOR DONATIONS.—In addition to

3 other authorities the Secretary may have to accept the do4 nation of lands, buildings, other property, services, and

5 moneys for the purposes of the National Park System, the

6 Secretary is authorized to solicit donations of money,

7 property, and services from individuals, corporations,

8 foundations and other potential donors who the Secretary

9 believes would wish to make such donations as an expres10 sion of support for the national parks. Such donations

11 may be accepted and used for any authorized purpose or

12 program of the National Park Service, and donations of

13 money shall remain available for expenditure without fis14 cal year limitation. Any employees of the Department to

15 whom this authority is delegated shall be set forth in regu16 lations issued by the Secretary pursuant to paragraph (d).

17 (b) EMPLOYEE PARTICIPATION.—Employees of the

18 National Park Service may solicit donations only if the

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

20 interfere with their primary duty of protecting and admin21 istering the parks or administering authorized programs,

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

23 protection, visitor facilities, or services for health and safe24 ty projects, recurring maintenance activities, or for other

25 routine activities normally funded through annual agency
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1 appropriations. Such requests must be in accordance with

2 guidelines issued pursuant to paragraph (d).

3 (c) PROHIBITIONS.—(1) A donation may not be ac4 cepted in exchange for a commitment to the donor on the

5 part of the National Park Service or which attaches condi6 tions inconsistent with applicable laws and regulations or

7 that is conditioned upon or will require the expenditure

8 of appropriated funds that are not available to the Depart9 ment, or which compromises a criminal or civil position

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

11 or the administrative authority of any agency of the

12 United States.

13 (2) In utilizing the authorities contained in this sec14 tion employees of the National Park Service shall not di15 rectly conduct or execute major fund raising campaigns,

16 but may cooperate with others whom the Secretary may

17 designate to conduct such campaigns on behalf of the Na18 tional Park Service.

19 (d) REGULATIONS AND GUIDANCE.—(1) The Sec20 retary shall issue regulations setting forth those positions

21 to which he has delegated his authority under paragraph

22 (a) and the categories of employees of the National Park

23 Service that are authorized to request donations pursuant

24 to paragraph (b). Such regulations shall also set forth any
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1 limitations on the types of donations that will be requested

2 or accepted as well as the sources of those donations.

3 (2) The Secretary shall publish guidelines which set

4 forth the criteria to be used in determining whether the

5 solicitation or acceptance of contributions of lands, build6 ings, other property, services, moneys and other gifts or

7 donations authorized by this section would reflect unfavor8 ably upon the ability of the Department of the Interior

9 or any employee to carry out its responsibilities or official

10 duties in a fair and objective manner, or would com11 promise the integrity or the appearance of the integrity

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

13 The Secretary shall also issue written guidance on the ex14 tent of the cooperation that may be provided by National

15 Park Service employees in any major fund raising cam16 paign which the Secretary has designated others to con17 duct pursuant to paragraph (c)(2).

18 SEC. 6. CHALLENGE COST-SHARE AGREEMENTS.

19 (A) AGREEMENTS.—The Secretary is authorized to

20 negotiate and enter into challenge cost-share agreements

21 with cooperators. For purposes of this section, 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 the

2 National Park System; and

3 (2) ‘‘cooperator’’ means any State or local gov4 ernment, public or private agency, organization, in5 stitution, corporation, individual, or other entity.

6 (b) USE OF FEDERAL FUNDS.—In carrying out chal7 lenge cost-share agreements, the Secretary is authorized,

8 subject to appropriation, to provide the Federal funding

9 share from any funds available to the National Park

10 Service.

11 SEC. 7. COST RECOVERY FOR DAMAGE TO PARK RE12 SOURCES.

13 Any funds payable to United States as restitution on

14 account of damage to park resources or property shall be

15 paid to the Secretary. Any such funds, and any other

16 funds received by the Secretary as a result of forfeiture,

17 compromise, or settlement on account of damage to park

18 resources or property shall be available without appropria19 tion and may be expended by the Secretary without regard

20 to fiscal year limitation to improve, protect, or rehabilitate

21 any park resources or property which have been damaged

22 by the action of a permittee or any unauthorized person.

23 SEC. 8. CONSISTENCY WITH OTHER LAWS.

24 (a) Except as provided in subsection (b), to the extent

25 that the provisions of this Act are inconsistent with section
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1 4 of the Land and Water Conservation Act of 1965 as

2 amended (16 U.S.C. 4601–6a) or any other provision of

3 law, including any provision that prohibits or limits the

4 charging of a reasonable recreation or other fee, the provi5 sions of this Act shall prevail.

6 (b) The following sections of the Land and Water

7 Conservation Act of 1965 as amended (16 U.S.C. 4601–

8 6a) will apply to this Act:

9 (1) RULES AND REGULATIONS; ESTABLISH10 MENT; ENFORCEMENT POWERS; PENALTY FOR VIO11 LATIONS.—In accordance with the provisions of this

12 section, the Secretary may prescribe rules and regu13 lations for areas under his or her administration for

14 the collection of any fee established pursuant to this

15 section. Persons authorized to enforce any such rules

16 or regulations issued under this subsection may,

17 within areas under the administration or authority

18 of the Secretary and with or, if the offense is com19 mitted in his presence, without a warrant, arrest any

20 person who violates such rules and regulations. Any

21 person so arrested may be tried and sentenced by

22 the United States magistrate judge specifically des23 ignated for that purpose by the court by which he

24 was appointed, in the same manner and subject to

25 the same conditions as provided in subsections (b),
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1 (c), (d), and (e) of section 3401 of title 18. Any vio2 lations of the rules and regulations issued under this

3 subsection shall be punishable by a fine of not more

4 than $1000.

5 (2) CRITERIA, POSTING AND UNIFORMITY OF

6 FEES.—Clear notice that a fee has been established

7 pursuant to this section shall be prominently posted

8 at each area and at appropriate locations therein

9 and shall be included in publications distributed at

10 such areas.

11 (3) CONTRACTS WITH PUBLIC OR PRIVATE EN12 TITIES FOR VISITOR RESERVATION SERVICES.—The

13 Secretary, under such terms and conditions as he

14 deems appropriate, may contract with any public or

15 private entity to provide visitor reservation services.

16 Any such contract may provide that the contractor

17 shall be permitted to deduct a commission to be

18 fixed by the agency head from the amount charged

19 the public for providing such services and to remit

20 the net proceeds therefrom to the contracting

21 agency.

22 (4) FEDERAL AND STATE LAWS UNAF23 FECTED.—Nothing in this Act shall authorize Fed24 eral hunting or fishing licenses or fees or charges for

25 commercial or other activities not related to recre-
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1 ation, nor shall it affect any rights or authority of

2 the States with respect to fish and wildlife, nor shall

3 it repeal or modify any provision of law that permits

4 States or political subdivisions to share in the reve5 nues from Federal lands or any provision of law that

6 provides that any fees or charges collected at par7 ticular Federal areas shall be used for or credited to

8 specific purposes or special funds as authorized by

9 that provision of law.

10 (5) SELLING OF PERMITS AND COLLECTION OF

11 FEES BY VOLUNTEERS AT DESIGNATED AREAS; COL12 LECTING AGENCY DUTIES; SURETY BONDS; SELLING

13 OF ANNUAL ADMISSION PERMITS BY PUBLIC AND

14 PRIVATE ENTITIES UNDER ARRANGEMENTS WITH

15 COLLECTING AGENCY HEAD.—When authorized by

16 the Secretary, volunteers at designated areas may

17 sell permits and collect fees authorized or established

18 pursuant to this section. The Secretary shall ensure

19 that such volunteers have adequate training regard20 ing—

21 (A) the sale of permits and the collection

22 of fees,

23 (B) the purposes and resources of the

24 areas in which they are assigned, and
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1 (C) the provision of assistance and infor2 mation to visitors to the designated area.

3 The Secretary shall require a surety bond for any

4 such volunteer performing services under this sub5 section. Funds available to the collecting agency may

6 be used to cover the cost of any such surety bond.

7 The head of the collecting agency may enter into ar8 rangements with qualified public or private entities

9 pursuant to which such entities may sell (without

10 cost to the United States) annual admission permits

11 (including Golden Eagle Passports) at any appro12 priate location.

13 SECTION 1. SHORT TITLE.

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

15 Entrepreneurial Management Reform Act of 1994’’.

16 SEC. 2. FEES.

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

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

19 6a(a)) is amended as follows:

20 (1) In the first sentence of paragraph (1)(a)(i),

21 by striking ‘‘$25’’ and inserting ‘‘$50’’.

22 (2) By inserting at the end of clause (ii) of para23 graph (1)(A) the following: ‘‘Such receipts shall be

24 made available, subject to appropriation, for author25 ized resource protection, rehabilitation and conserva-
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1 tion projects as provided for by subsection (i), includ2 ing projects to be carried out by the Public Land

3 Corps or any other conservation corps pursuant to the

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

5 1701 and following), or other related programs or au6 thorities, on lands administered by the Secretary of

7 the Interior and the Secretary of Agriculture.’’.

8 (3) In paragraph (1)(B), by striking ‘‘$15’’ and

9 inserting ‘‘$25’’.

10 (4) In paragraph (2), by striking the fifth and

11 sixth sentences, and by amending the fourth sentence

12 to read as follows: ‘‘The fee for a single-visit permit

13 at any designated area shall be not more than $6 per

14 person.’’.

15 (5) In paragraph (4), by striking the second sen16 tence in its entirety and inserting in lieu thereof,

17 ‘‘Such permit shall be non-transferable, shall be issued

18 for a one-time charge of $10, and shall entitle the per19 mittee to free admission into any area designated

20 pursuant to this subsection.

21 (6) In paragraph (4), by amending the third

22 sentence to read as follows: ‘‘No fees of any kind shall

23 be collected from any persons who have a right of ac24 cess for hunting or fishing privileges under a specific

25 provision of law or treaty or who are engaged in the
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1 conduct of official Federal, State, or local government

2 business.’’.

3 (7) In paragraph (6) by striking out ‘‘Interior

4 and Insular Affairs’’ and inserting ‘‘Natural Re5 sources’’.

6 (8) In paragraph (9), by striking ‘‘San Juan

7 National Historic Site, and Canaveral National Sea8 shore’’ and inserting ‘‘and San Juan National His9 toric Site’’, and by adding the following at the end

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

11 report to the Congress within 6 months after the date

12 of enactment of this sentence identifying areas, if any,

13 where the Secretary recommends that the establish14 ment of admission fees would be appropriate but

15 where such fees are prohibited by law, and areas, if

16 any, where such fees are authorized but not being col17 lected (including an explanation of the reasons that

18 such fees are not being collected).

19 (9) Paragraph (11) is amended by striking all

20 but the last sentence.

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

22 Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(e)) is

23 amended by striking ‘‘$100’’ and inserting in lieu thereof,

24 ‘‘$1,000’’.
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1 (c) TECHNICAL AMENDMENTS.—Section 4(h) of the

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

3 460l–6a(h)) is amended—

4 (1) by striking ‘‘Interior and Insular Affairs of

5 the United States House of Representatives and Unit6 ed States Senate’’ and inserting in lieu thereof, ‘‘Nat7 ural Resources of the United States House of Rep8 resentatives and on Energy and Natural Resources

9 United States Senate’’;

10 (2) by striking ‘‘Bureau of Outdoor Recreation’’

11 and inserting in lieu thereof, ‘‘National Park Serv12 ice’’; and

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

14 thereof, ‘‘National Park Service’’.

15 (d) 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 FEES.—’’.

19 (2) In the first sentence of subparagraph (B) by

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

21 inserting in lieu thereof, ‘‘fee collection costs for the

22 immediately preceding fiscal year’’ and by striking

23 ‘‘section in that fiscal year’’ and inserting in lieu

24 thereof, ‘‘section in such immediately preceding fiscal

25 year’’.
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1 (3) In the second sentence of subparagraph (B)

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

3 (4) By adding the following at the end of para4 graph (1):

5 ‘‘(C) Notwithstanding subparagraph (A)

6 and notwithstanding any other provision of law,

7 beginning in fiscal year 1995 and thereafter, 50

8 percent of the difference in additional receipts

9 (except for the portion of fee receipts withheld as

10 provided in subparagraph (B) for fee collection

11 costs) collected during the immediate preceding

12 fiscal year as compared to total receipts collected

13 in fiscal year 1993 shall be deducted from the

14 current year collections and shall be covered into

15 a special fund established in the Treasury of the

16 United States to be known as the ‘National Park

17 Renewal Fund’. Amounts in such fund shall be

18 available to the Secretary of the Interior, without

19 further appropriation, for infrastructure needs at

20 parks including but not limited to facility refur21 bishment, repair and replacement, interpretive

22 media and exhibit repair and replacement, and

23 infrastructure projects associated with park re24 source protection. Such amounts shall remain

25 available until expended. The Secretary shall de-
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1 velop procedures for the use of amounts in the

2 fund that ensure accountability and dem3 onstrated results consistent with the purposes of

4 this Act. Beginning after the first full fiscal year

5 following enactment of this subparagraph, the

6 Secretary shall submit an annual report to Con7 gress, on a unit-by-unit basis, detailing the fees

8 receipts collected pursuant to this section and the

9 expenditures of such receipts.’’.

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

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

12 460l–6a(k)) is amended by striking the last sentence in its

13 entirety.

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

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

16 6a) is amended by adding the following at the end thereof:

17 ‘‘(o) FEES FOR SPECIAL USES.—The Secretary of the

18 Interior shall establish reasonable fees for uses of National

19 Park System units that require special arrangements, in20 cluding permits. Such fees shall be set at a level as the Sec21 retary deems necessary to ensure that the United States will

22 receive fair market value for such use, and shall, at a mini23 mum, cover all costs of providing necessary services associ24 ated with such use, except that at the Secretary’s discretion,

25 the Secretary may waive or reduce such fees in the case
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1 of any nonprofit organization or any organization using

2 an area within the National Park System for educational

3 or park-related purposes.’’.

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

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a)

6 is amended by adding the following new subsection at the

7 end thereof:

8 ‘‘(p) ADMISSION OR RECREATION USE FEES.—Not9 withstanding any other provision of law, no admission or

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

11 for entrance into, or use of, any federally owned area oper12 ated and maintained by a Federal agency and used for out13 door recreation purposes, except as provided for by this

14 Act.’’.

15 SEC. 3. CHALLENGE COST-SHARE AGREEMENTS.

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

17 authorized to negotiate and enter into challenge cost-share

18 agreements with cooperators. For purposes of this section,

19 the term—

20 (1) ‘‘challenge cost-share agreement’’ means any

21 agreement entered into between the Secretary and any

22 cooperator for the purpose of sharing costs or services

23 in carrying out any authorized functions and respon24 sibilities of the Secretary with respect to any unit of

25 the National Park System (as defined in section 2(a)
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1 of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any

2 affiliated area, or designated National Scenic or His3 toric Trail; and

4 (2) ‘‘cooperator’’ means any State or local gov5 ernment, public or private agency, organization, in6 stitution, corporation, individual, or other entity.

7 (b) USE OF FEDERAL FUNDS.—In carrying out chal8 lenge cost-share agreements, the Secretary is authorized,

9 subject to appropriation, to provide the Federal funding

10 share from any funds available to the National Park Serv11 ice.’’.

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

13 RESOURCES.

14 Public Law 101–337 is amended as follows:

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

16 subsection (d) to read as follows:

17 ‘‘(d) ‘Park system resource’ means any living or non18 living resource that is located within the boundaries of a

19 unit of the National Park System, except for resources

20 owned by a non-Federal entity.’’.

21 (2) In section 1 (16 U.S.C. 19jj) by, adding at

22 the end thereof the following:

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

24 any living or non-living resource that is located within or

25 is a living part of a marine or aquatic regimen within the
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1 boundaries of a unit of the National Park System, except

2 for resources owned by a non-Federal entity.’’.

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

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

5 ‘‘any marine or aquatic park’’.