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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5204 Reported in House (RH)]

                                                       Calendar No. 537
113th CONGRESS
  2d Session
                                H. R. 5204

                      [Report No. 113-706, Part I]

   To amend the Federal Lands Recreation Enhancement Act to improve 
recreation opportunities and increase consistency and accountability in 
 the collection and expenditure of recreation fees collected on public 
               lands and forests, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2014

Mr. Bishop of Utah introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           December 22, 2014

            Reported from the Committee on Natural Resources

                           December 22, 2014

 The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Lands Recreation Enhancement Act to improve 
recreation opportunities and increase consistency and accountability in 
 the collection and expenditure of recreation fees collected on public 
               lands and forests, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Federal Lands 
Recreation Enhancement Modernization Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. References to Federal Lands Recreation Enhancement Act.
Sec. 3. Definitions.
Sec. 4. Recreation fee authority.
Sec. 5. Public participation.
Sec. 6. Recreation passes.
Sec. 7. Special account.
Sec. 8. Expenditures.
Sec. 9. Reporting requirements.
Sec. 10. Sunset provision.
Sec. 11. Volunteers.
Sec. 12. Enforcement.
Sec. 13. Repeal of superseded admission and use fees.
Sec. 14. Relationship to other laws.

SEC. 2. REFERENCES TO FEDERAL LANDS RECREATION ENHANCEMENT ACT.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Federal Lands Recreation Enhancement Act (title VIII 
of division J of Public Law 108-447; 16 U.S.C. 6801 et seq.).

SEC. 3. DEFINITIONS.

    (a) New Fee Names.--Paragraphs (1) and (2) of section 802 (16 
U.S.C. 6801) are amended to read as follows:
            ``(1) Day use fee.--The term `day use fee' means the 
        recreation fee authorized by section 803(f).
            ``(2) Amenity fee.--The term `amenity fee' means the 
        recreation fee authorized by section 803(g).''.
    (b) Federal Land Management Agency.--Section 802(4) (16 U.S.C. 
6801(4)) is amended by inserting ``or `agency''' before ``means the 
National''.
    (c) Recreation Fee.--Section 802(8) (16 U.S.C. 6801(8)) is amended 
by striking ``standard amenity recreation fee, expanded amenity 
recreation fee'' and inserting ``day use fee, amenity fee''.
    (d) New Definitions.--Section 802 (16 U.S.C. 6801) is further 
amended--
            (1) by redesignating paragraphs (10) through (13) as 
        paragraphs (11) through (14), respectively;
            (2) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) Recreation service provider.--The term `recreation 
        service provider' means any entity that provides any recreation 
        service on Federal recreational lands and waters for which the 
        provider charges a fee for the service.''; and
            (3) by adding at the end the following new paragraph:
            ``(15) Unit.--The term `unit' means an individual unit of 
        the National Park System, National Forest System, National 
        Wildlife Refuge System, or similar area.''.
    (e) Technical Corrections.--Section 802 (16 U.S.C. 6801) is further 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this Act'' and inserting ``this title'';
            (2) in paragraph (6), by striking ``section 5'' and 
        inserting ``section 805'';
            (3) in paragraph (9), by striking ``section 5'' and 
        inserting ``section 805'';
            (4) in paragraph (13), as redesignated by subsection 
        (d)(1), by striking ``section 7'' and inserting ``section 
        807''; and
            (5) in paragraph (14), as redesignated by subsection 
        (d)(1), by striking ``section 3(h)'' and inserting ``section 
        803(h)''.

SEC. 4. RECREATION FEE AUTHORITY.

    (a) Sole Authority.--Section 803(a) (16 U.S.C. 6802(a)) is amended 
by inserting ``only'' after ``waters''.
    (b) Fee Basis.--Section 803(b) (16 U.S.C. 6802(b)) is amended by 
striking paragraphs (5) and (6) and inserting the following new 
paragraph:
            ``(5) The Secretary shall consider access to recreation 
        opportunities.''.
    (c) Limitations.--Section 803(d) (16 U.S.C. 6802(d)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``standard amenity recreation fee or expanded 
                amenity recreation fee'' and inserting ``day use fee or 
                amenity fee'';
                    (B) by striking subparagraphs (A) through (F) and 
                inserting the following new subparagraph:
                    ``(A) For any site, area, or activity, except as 
                specifically authorized under this section.''; and
                    (C) by redesignating subparagraphs (G) through (K) 
                as subparagraphs (B) through (F), respectively; and
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``standard amenity recreation fee'' and 
                inserting ``day use fee''; and
                    (B) in subparagraph (B), by striking ``educational 
                purposes by schools or bona fide academic 
                institutions'' and inserting ``, non-recreational 
                educational purposes by schools or bona fide academic 
                institutions when the students are pursuing academic 
                credit and the Secretary has provided prior approval 
                for a fee waiver''.
    (d) Entrance Fees.--Section 803(e) (16 U.S.C. 6802(e)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4); and
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Policies.--The Secretary shall--
                    ``(A) treat a motorcycle or snowmobile, when used 
                as transportation to enter a unit, as a motor vehicle 
                for the purposes of collecting entrance fees and shall 
                charge a consistent per vehicle rate; and
                    ``(B) determine, by agency, a nationally consistent 
                entrance fee policy and corresponding rate structure, 
                including a schedule for general visitors, commercial 
                and noncommercial recreational tours or groups, and 
                commercial air tours.
            ``(3) Transportation services.--At a unit of the National 
        Park System where the Secretary provides a transportation 
        service, either as a Government service or through agreement or 
        contract, the Secretary may charge transportation users a 
        transportation fee alone (consistent with section 501 of the 
        National Park Omnibus Management Act of 1998 (16 U.S.C. 5981) 
        and other authorities) or in combination with an entrance fee. 
        However, the transportation fee or combined transportation and 
        entrance fee may not exceed the entrance fee charged at other 
        similar units as identified in the national entrance fee policy 
        under paragraph (2)(B).''.
    (e) Day Use Fee.--Subsection (f) of section 803 (16 U.S.C. 6802) is 
amended to read as follows:
    ``(f) Day Use Fee.--
            ``(1) Authorized sites for day use fees.--The Secretary may 
        charge a day use fee for Federal recreational lands and waters 
        under the jurisdiction of the Bureau of Land Management, the 
        Bureau of Reclamation, or the Forest Service at the following:
                    ``(A) A National Conservation Area.
                    ``(B) A National Volcanic Monument.
                    ``(C) A destination visitor or interpretive center 
                that provides a broad range of interpretative services, 
                programs and media.
                    ``(D) Sites of concentrated public use that are 
                managed primarily for outdoor recreation purposes where 
                there has been a substantial Federal investment in 
                facilities and services that are necessary to 
                accommodate heavy public use, public access to the site 
                is provided in such a manner that fees can be 
                effectively collected at one or more centralized 
                locations, the site has regularly serviced and well 
                maintained toilet facilities and contains at least four 
                of the following:
                            ``(i) Designated developed parking.
                            ``(ii) Trash collection.
                            ``(iii) Permanent interpretative materials.
                            ``(iv) Picnic tables.
                            ``(v) Routine presence of agency personnel.
            ``(2) Single fee for multiple sites.--If there are two or 
        more sites of concentrated public use located within one-half 
        mile of each other, the Secretary may charge a single day use 
        fee for the sites and the area between the sites.
            ``(3) Policy.--The Secretary shall determine, by agency, a 
        nationally consistent day use fee policy and rate structure.
            ``(4) Initial implementation.--
                    ``(A) Initial list of fee sites.--No later than 180 
                days after the date of the enactment of the Federal 
                Lands Recreation Enhancement Modernization Act of 2014, 
                the Secretary shall--
                            ``(i) publish in the Federal Register and 
                        on the agency's website a list of all sites for 
                        which day use fees are proposed to be 
                        collected; and
                            ``(ii) provide a 60-day public comment 
                        period regarding such list.
                    ``(B) Final list of fee sites.--No later than 120 
                days after the close of the public comment period 
                required by subparagraph (A)(ii), the Secretary shall 
                publish in the Federal Register and on the agency's 
                website the final list of sites for which day use fees 
                are to be collected.
            ``(5) Transition.--The Secretary may continue to collect 
        fees in effect on the date of the enactment of Federal Lands 
        Recreation Enhancement Modernization Act of 2014 for a period 
        not to exceed 180 days from the date the final list of day use 
        fee sites is published pursuant to paragraph (4)(B). However, 
        the Secretary may not increase or impose new fees using this 
        transition authority.''.
    (f) Amenity Fee.--Section 803(g) (16 U.S.C. 6802(g)) is amended--
            (1) in the subsection heading, by striking ``Expanded 
        Amenity Recreation'' and inserting ``Amenity'';
            (2) by striking paragraph (1);
            (3) by redesignating paragraph (2) as paragraph (1) and in 
        such paragraph--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``expanded amenity 
                        recreation fee, either in addition to a 
                        standard amenity fee'' and inserting ``amenity 
                        fee, either in addition to a day use fee or 
                        entrance fee''; and
                            (ii) by striking ``under the jurisdiction 
                        of the Forest Service, the Bureau of Land 
                        Management, or the Bureau of Reclamation, but 
                        only'';
                    (B) in subparagraph (A)--
                            (i) by striking ``Tent'' and inserting 
                        ``Developed tent''; and
                            (ii) by striking clauses (vii) through (ix) 
                        and inserting the following new clauses:
                            ``(vii) Trash collection.
                            ``(viii) Regularly serviced and well 
                        maintained toilet facilities.'';
                    (C) in subparagraph (E), by inserting before the 
                period the following: ``when the user has not paid an 
                amenity fee under subparagraph (A) the prior night'';
                    (D) by striking subparagraph (F) and inserting the 
                following new subparagraph:
                    ``(F) Highly specialized interpretative programs; 
                guided walks, talks, and tours of substantial length; 
                programs that require specialized equipment; 
                specialized non-public programs; and other 
                interpretative services for which the Secretary incurs 
                significant costs. However, before the Secretary may 
                charge a fee for interpretative programs, the Secretary 
                shall identify basic interpretative programs and 
                services, including tours required to provide basic 
                visitor access to a primary resource in a unit, that 
                will be provided free of charge.'';
                    (E) in subparagraph (H), by inserting before the 
                period the following: ``subject to subsection (e)(3)''; 
                and
                    (F) in subparagraph (J)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or hot spring'' after ``swimming 
                        sites'';
                            (ii) in clause (i), by striking ``flush 
                        toilets'' and inserting ``regularly serviced 
                        and well maintained toilets'';
                            (iii) in clause (ii), by striking ``Refuse 
                        containers'' and inserting ``Trash 
                        collection''; and
                            (iv) in clause (v), by inserting ``or 
                        swimming instructors'' after ``lifeguards''; 
                        and
            (4) by adding at the end the following new paragraph:
            ``(2) National park service and united states fish and 
        wildlife service additional authority.--Except as limited by 
        subsection (d), the Secretary may charge an additional amenity 
        fee at Federal recreational lands and waters under the 
        jurisdiction of the National Park Service and the United States 
        Fish and Wildlife Service when the Secretary determines that 
        the visitor uses a specific or specialized facility, equipment, 
        or service not otherwise included under paragraph (1).''.
    (g) Special Recreation Permit and Fee.--Subsection (h) of section 
803 (16 U.S.C. 6802) is amended to read as follows:
    ``(h) Special Recreation Permit and Fee.--
            ``(1) In general.--The Secretary may--
                    ``(A) issue a special recreation permit for Federal 
                recreational lands and waters; and
                    ``(B) charge a special recreation permit fee in 
                connection with the issuance of the permit.
            ``(2) Special recreation permits.--The Secretary may issue 
        special recreation permits in the following circumstances:
                    ``(A) For specialized individual and group use of 
                Federal facilities and Federal recreational lands and 
                waters, such as, but not limited to, use of special 
                areas or areas where use is allocated, motorized 
                recreational vehicle use, and group activities or 
                events.
                    ``(B) To recreation service providers who conduct 
                outfitting, guiding, and other recreation services on 
                Federal recreational lands and waters managed by the 
                Forest Service, Bureau of Land Management, Bureau of 
                Reclamation, and the United States Fish and Wildlife 
                Service.
                    ``(C) To recreation service providers who conduct 
                recreation or competitive events, which may involve 
                incidental sales on Federal recreational lands and 
                waters managed by the Forest Service, Bureau of Land 
                Management, Bureau of Reclamation, and the United 
                States Fish and Wildlife Service.
            ``(3) Reduction in federal costs.--To reduce Federal costs 
        in administering this subsection, the issuance of a new special 
        recreation permit for activities under paragraph (2)(B) that 
        have been considered under previous analysis or that are 
        similar to existing uses or are not inconsistent with approved 
        uses and will not substantially increase the use of an area 
        shall not constitute a major Federal action for the purposes of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            ``(4) Single permits.--The Secretary may issue a single 
        permit, administered by one agency (including the National Park 
        Service), to authorize a recreation service provider to provide 
        services or for an event on lands managed by multiple agencies. 
        The authorized official in the agency issuing the permit under 
        this authority must have a delegation of authority for the 
        administration of the permit from the other relevant agencies 
        and must comply with the applicable laws of each relevant 
        agency. Nothing in this subsection shall alter, expand, or 
        limit the applicability of any public law or regulation to 
        lands administered by the participating agencies.
            ``(5) Guidelines and permit fee calculation.--
                    ``(A) Guidelines and exclusion of certain 
                revenues.--The Secretary shall publish guidelines in 
                the Federal Register for how recreation permit fees 
                shall be established that will provide appropriate 
                deductions for revenue from goods, services, or 
                activities provided by the recreation service provider 
                outside Federal recreational lands and waters and a 
                deduction for fees to paid for other Federal lands if 
                separate permits are issued for a single event.
                    ``(B) Revenue exclusions.--Revenue exclusions under 
                subparagraph (A) shall include, but not be limited to, 
                revenue from goods or services provided by the 
                recreation service provider outside the Federal 
                recreational lands and waters, such as--
                            ``(i) costs for transportation, lodging, 
                        and other services before or after a trip 
                        begins;
                            ``(ii) deductions for activities outside 
                        public lands or on other Federal lands if 
                        separate permits are issued.
                    ``(C) Fee conditions.--The fee charged by the 
                Secretary for a permit issued under paragraph (2)(B) 
                shall not exceed 3 percent of the recreational service 
                provider's annual gross revenue for activities 
                authorized by the permit, plus applicable revenue 
                additions, minus applicable revenue exclusions or a 
                similar flat per person fee. The fee charged by the 
                Secretary for a permit issued under paragraph (2)(C) 
                shall include appropriate reductions and additions 
                based on the direct costs incurred by the Secretary for 
                management of the event.
            ``(6) Bureau of land management.--The Secretary may issue a 
        recreation concession permit to authorize a third party to 
        provide facilities and services to visitors on Federal 
        recreational lands and waters managed by the Bureau of Land 
        Management in support of outdoor recreational opportunities in 
        accordance with the applicable land use plan. Any such permit 
        shall provide for monetary compensation to the Federal 
        Government for the rights and privileges provided, with 
        collected funds deposited in the accounts established under 
        section 807 of this Act, to be available without further 
        appropriation and to remain available until expended. 
        Facilities and services provided under existing recreation 
        concessions and recreation lease agreements on Bureau of Land 
        Management managed public lands may continue pursuant to the 
        terms and conditions of each agreement.
            ``(7) Stewardship program.--
                    ``(A) Establishment.--Within 18 months after the 
                date of the enactment of the Federal Lands Recreation 
                Enhancement Modernization Act of 2014, the Secretary 
                shall establish, at no fewer than 20 sites located on 
                Federal recreational lands and waters administered by 
                the Forest Service and the Bureau of Land Management, a 
                stewardship program for recreation service providers 
                involving credit against a required special recreation 
                permit fee in exchange for otherwise unreimbursed 
                maintenance and resource protection work performed with 
                the permission of the relevant Federal agency.
                    ``(B) Eligibility.--Under the stewardship program 
                required by this paragraph, a recreation service 
                provider shall submit to the Secretary--
                            ``(i) the provider's qualifications to 
                        adequately and safely perform the proposed 
                        maintenance and resource protection work;
                            ``(ii) an itemized accounting of labor and 
                        material costs associated with such maintenance 
                        and resource protection work;
                            ``(iii) a commitment to share the costs of 
                        the proposed maintenance and resource 
                        protection work; and
                            ``(iv) permission from the relevant Federal 
                        agency to perform the proposed maintenance and 
                        resource protection work.
                    ``(C) Review and approval.--The Secretary shall 
                review promptly a proposal submitted to participate in 
                the stewardship program and approve any such submission 
                that the Secretary finds adequately meets the 
                eligibility criteria specified in subparagraph (B).
                    ``(D) Report.--Not later than three years after the 
                date of the enactment of the Federal Lands Recreation 
                Enhancement Modernization Act of 2014, the Secretary 
                shall submit to the Committee on Natural Resources of 
                the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate a status 
                report on the stewardship program, including the number 
                of participating sites, total amount of the credits 
                granted, and suggestions for revising the program.
            ``(8) Disclosure of fees.--A holder of a special recreation 
        permit may inform its customers of the various fees charged by 
        the Secretary under this title.''.
    (h) Additional Provisions.--Section 803 (16 U.S.C. 6802) is further 
amended by adding at the end the following new subsections:
    ``(i) Notice of Recreational Fees and Recreation Passes.--The 
Secretary shall post clear notice of any fee and available recreation 
passes at appropriate locations at each site of Federal recreational 
lands and waters for which any fee is charged. The Secretary shall 
include such notice in publications distributed at the unit and on 
agency websites.
    ``(j) Use of Technology.--To the extent practicable, the Secretary 
shall use technology and automation to increase accountability, 
efficiency, and the convenience of paying recreation fees.
    ``(k) Visitor Centers.--
            ``(1) In general.--Subject to valid existing rights, the 
        Secretary shall not enter into agreements for the operation of 
        a visitor center with private for-profit or non-profit 
        organizations that intend to charge a fee for visitors to 
        access a visitor center or a basic visitor center exhibit.
            ``(2) Exceptions.--Nothing in paragraph (1) prohibits the 
        Secretary from--
                    ``(A) charging a recreation fee at a visitor or 
                interpretative center as otherwise provided for in this 
                title; or
                    ``(B) entering into a fee management agreement for 
                the collection of the recreation fee.
    ``(l) Congressional Approval of Certain New or Increased Fees.--
            ``(1) Submission of list of existing fees.--Within six 
        months after the date of the enactment of the Federal Lands 
        Recreation Enhancement Modernization Act of 2014, the Secretary 
        shall--
                    ``(A) compile a comprehensive list of all fees 
                (except special recreation permit fees) charged at 
                Federal recreational lands and waters by Federal land 
                management agencies as of the date of the enactment of 
                the Federal Lands Recreation Enhancement Modernization 
                Act of 2014; and
                    ``(B) submit this list to the Committee on Natural 
                Resources and the Committee on Agriculture of the House 
                of Representatives and the Committee on Energy and 
                Natural Resources of the Senate.
            ``(2) Prohibition on new fees or fee increases.--Except as 
        provided in paragraphs (3), (4), and (5), the Secretaries may 
        not increase or impose any new entrance fees, day use fees, or 
        amenity fees.
            ``(3) Submission of proposed fee schedule.--By June 1 of 
        each year, the Secretaries shall propose a single schedule of 
        any new or increased entrance fees, day use fees, or amenity 
        fees and transmit this schedule to the Committee on Natural 
        Resources and the Committee on Agriculture of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate.
            ``(4) Congressional approval required.--No new or increased 
        entrance fee, day use fee, or amenity fee may be imposed unless 
        approved by Act of Congress.
            ``(5) Emergency situations.--If the Secretaries determine 
        that recreational opportunities on Federal recreational lands 
        and waters would be severely curtailed or that an emergency 
        affecting human health or unforeseen events exists, the 
        Secretaries may transmit proposed selective new or increased 
        entrance fees, day use fees, or amenity fees to the Committee 
        on Natural Resources and the Committee on Agriculture of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate for approval by Act of 
        Congress.
    ``(m) Grandfathering Existing Permits.--Any special recreation 
permit issued under this title before the date of the enactment of the 
Federal Lands Recreation Enhancement Modernization Act of 2014 shall 
continue--
            ``(1) to be managed pursuant to this section, as in effect 
        on the day before the date of the enactment of the Federal 
        Lands Recreation Enhancement Modernization Act of 2014; and
            ``(2) to be valid and remain in effect, under its terms and 
        notwithstanding section 810, until the permit expires, is 
        revoked, or is suspended according to the terms of the permit.
    ``(n) Discounted or Free Admission Days or Use.--The Secretary may 
provide free admission or use days of Federal recreational lands and 
waters. The Secretary shall not establish any additional discounts 
except as provided in this title or by another provision of law.''.
    (i) Technical Corrections.--Section 803(d) (16 U.S.C. 6802(d)) is 
further amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``this Act'' and inserting ``this title''; and
                    (B) in subparagraph (B), as redesignated by 
                subsection (c)(1)(C), by striking ``part of the 
                Federal-aid System'' and inserting ``Federal-aid 
                highway''; and
            (2) in paragraph (4), by striking ``this Act'' and 
        inserting ``this title''.

SEC. 5. PUBLIC PARTICIPATION.

    Section 804 (16 U.S.C. 6803) is amended--
            (1) in subsection (a), by striking ``this Act'' and 
        inserting ``this title''; and
            (2) by striking subsections (b), (c), (d), and (e) and 
        inserting the following new subsections:
    ``(b) Entrance Fees, Day Use Fees, and Amenity Fees.--For entrance 
fees, day use fees and amenity fees, the Secretary may--
            ``(1) publish notice in the Federal Register of any unit 
        newly subject to an entrance fee, day use fee, or amenity fee;
            ``(2) publish on the website recreation.gov or another 
        similar interagency website, in local newspapers, on agency 
        websites, at proposed and established collection points, on 
        social media applications, and in publications distributed near 
        the site for which the fee would be collected--
                    ``(A) any proposed new or increased fee;
                    ``(B) the unit and agency proposing the new or 
                increased fee;
                    ``(C) the process by which to comment on the 
                proposed new or increased fee; and
                    ``(D) subject to paragraph (3), when the 
                opportunity for comment closes;
            ``(3) allow at least 60 days public comment after 
        publication of notice under paragraph (2);
            ``(4) at least 120 days before the implementation of the 
        new or increased fee, publish notice of a decision to implement 
        a new or increased fee in local newspapers, on the agency 
        websites, at proposed and established collection points, on 
        social media applications, and in publications distributed near 
        the site for which the fee will be collected; and
            ``(5) not less frequently than every other year, solicit 
        public comment for at least 60 days on how fee revenue should 
        be expended at each unit.
    ``(c) Special Recreation Permit Fees.--For special recreation 
permit fees authorized by section 803(h)(2)(A), the Secretary shall--
            ``(1) if the fee is for reoccurring recreational uses for 
        which standard fee rates can be established, follow, to the 
        extent practicable and appropriate, the procedures in 
        subsection (b); and
            ``(2) if the fee is based on recovering the costs 
        associated with issuing and managing the permit, establish 
        guidelines for how fees will be established and publish the 
        guidelines in the Federal Register.
    ``(d) New Concession Opportunities.--The Secretary shall provide an 
opportunity for public involvement 180 days before a new site or area, 
including a campground, is offered as a new concession opportunity on 
Federal recreational lands and waters under the jurisdiction of the 
Forest Service or Bureau of Land Management by publishing a notice in 
the Federal Register and soliciting comments.''.

SEC. 6. RECREATION PASSES.

    (a) America the Beautiful--The National Parks and Federal 
Recreational Lands Pass.--Section 805(a) (16 U.S.C. 6804(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``be available to United States 
                citizens and permanent residents and'' before 
                ``cover''; and
                    (B) by striking ``standard amenity recreation fee'' 
                and inserting ``day use fee'' both places it appears;
            (2) in paragraph (2)--
                    (A) by striking ``shall hold an annual'' and 
                inserting ``may hold a''; and
                    (B) by striking ``for an year.'' and all that 
                follows through the end of the following sentence and 
                inserting a period;
            (3) in paragraph (5), by adding at the end the following 
        new sentence: ``The Secretaries shall adjust the price of the 
        National Parks and Federal Recreational Lands Pass once every 
        three years to reflect the change in the Consumer Price Index 
        for All Urban Consumers (CPI-U) over the same period, rounding 
        figures so as to increase or decrease the price in even five-
        dollar increments.'';
            (4) in paragraph (6)(A), by striking ``standard amenity 
        recreation fee'' and inserting ``day use fee'';
            (5) in paragraph (9), by adding ``or discount pass'' after 
        ``pass''; and
            (6) by adding at the end the following new paragraph:
            ``(10) Pass use study.--The Secretaries shall conduct a 
        study to evaluate how, where, and the extent to which the 
        National Parks and Federal Recreational Lands Pass is used and 
        shall submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report containing the results of the 
        study.''.
    (b) Discounted Passes.--Section 805(b) (16 U.S.C. 6804(b)) is 
amended--
            (1) in paragraph (2), by inserting ``or is a veteran with a 
        service-connected disability, as defined in section 101 of 
        title 38, United States Code'' before ``, if the citizen or 
        person''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) United states armed forces discount.--The Secretary 
        may make an annual National Parks and Federal Recreational 
        Lands Pass available without charge to any member of the United 
        States Army, Navy, Air Force, Marine Corps, and Coast Guard if 
        such person presents a Common Access card or similar 
        identification as determined by the Secretary.
            ``(4) Amenity fee discount.--The National Parks and Federal 
        Recreational Lands Pass made available under paragraphs (1) and 
        (2) shall include an amenity fee discount as charged under 
        section 803(g)(1)(A).
            ``(5) Prohibition on other discounted passes.--The 
        Secretary may not establish any discounted passes, except as 
        provided in this section.''.
    (c) Site-Specific Agency Passes.--Section 805(c) (16 U.S.C. 
6804(c)) is amended by striking ``standard amenity recreation fee'' and 
inserting ``day use fee''.
    (d) Discounted or Free Admission Days or Use.--Section 805 (16 
U.S.C. 6804) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).
    (e) Pass and Discount Acceptance by Concessionaires.--Section 805 
(16 U.S.C. 6804) is further amended by adding at the end the following 
new subsection:
    ``(f) Pass and Discount Acceptance by Concessionaires.--
            ``(1) Acceptance.--Subject to valid existing rights, and to 
        the extent reimbursement is practical, the Secretary shall 
        require concessionaires operating federally owned campgrounds 
        and day use facilities on Federal recreational lands and waters 
        to accept a recreational pass issued under this title or 
        section 4 of the Land and Water Conservation Fund Act of 1965 
        (16 U.S.C. 460l-6a) for discounted or free use, as applicable.
            ``(2) Reimbursement.--To the extent practicable, the 
        Secretary shall reimburse a concessionaire in part or in whole 
        for acceptance under paragraph (1) of a recreational pass in an 
        amount not to exceed the total land use or franchise fee due to 
        the Federal Government.''.
    (f) Technical Correction.--Section 805(a)(6)(B) (16 U.S.C. 
6804(a)(6)(B)) is amended by striking ``section 6'' and inserting 
``section 6805''.

SEC. 7. SPECIAL ACCOUNT.

    (a) Distribution of Revenues.--Section 807(c)(1) (16 U.S.C. 
6806(c)(1)) is amended--
            (1) by striking ``or area'' each place it appears;
            (2) in subparagraph (A), by striking ``80 percent'' and 
        inserting ``90 percent''; and
            (3) in subparagraph (B), by adding at the end the following 
        new sentence: ``The Secretary shall provide notice to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        whenever an allocation is being reduced.''.
    (b) Technical Corrections.--Section 807 (16 U.S.C. 6806) is 
amended--
            (1) in subsection (b), by striking ``this Act'' and 
        inserting ``this title'';
            (2) in subsection (d), by striking ``section 5(a)(7)'' and 
        inserting ``section 6804(a)(7)''; and
            (3) in subsection (e), by striking ``section 5(d)'' and 
        inserting ``section 6804(d)''.

SEC. 8. EXPENDITURES.

    (a) Use of Fees at Specific Site or Area.--Section 808(a) (16 
U.S.C. 6807(a)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) shall be used to develop and enhance existing 
        recreation opportunities;
            ``(3) shall directly benefit visitors to Federal 
        recreational lands and waters;''; and
            (3) in paragraph (5), as redesignated by paragraph (1)--
                    (A) in subparagraph (A), by inserting ``visitor'' 
                before ``health''; and
                    (B) by striking subparagraph (E) and inserting the 
                following new subparagraph:
                    ``(E) capital construction costs associated with 
                administering the recreation fee program; and''.
    (b) Limitation on Use of Fees.--Section 808(b) (16 U.S.C. 6807(b)) 
is amended by striking the period at the end and inserting the 
following: ``, reducing or limiting visitor access, to remove or close 
facilities except when those facilities are being replaced or updated, 
and acquisition of lands and waters.''.
    (c) Overhead, Administrative, and Collection Costs Cap.--Subsection 
(c) of section 808 (16 U.S.C. 6807) is amended to read as follows:
    ``(c) Overhead, Administrative, and Collection Costs Cap.--
            ``(1) Overhead and administrative costs.--The Secretary may 
        not use more than five percent of total revenues collected 
        annually under this title for overhead and administrative 
        costs.
            ``(2) Collection costs.--The Secretary may not spend more 
        than 20 percent of total revenues collected annually under this 
        title for all direct fee collection costs.
            ``(3) Use of certain revenues.--Revenues from special 
        recreation permits issued to recreation service providers under 
        subparagraphs (B) and (C) of section 803(h)(1) shall be used--
                    ``(A) to partially offset the Secretary's direct 
                cost of administering the permits; and
                    ``(B) to improve and stream-line the permitting 
                process.''.
    (d) Notice of Fee Projects.--Section 808 (16 U.S.C. 6807) is 
amended by adding at the end the following new subsection:
    ``(e) Notice of Fee Projects.--To the extent practicable, the 
Secretary shall post clear notice of locations where work is performed 
using recreation fee or recreation pass revenues collected under this 
title.''.
    (e) Technical Corrections.--Section 808 (16 U.S.C. 6807) is further 
amended--
            (1) in subsection (a)(5)(F), as redesignated by subsection 
        (a)(1), by striking ``section 6(a)'' and inserting ``section 
        6805(a)''; and
            (2) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this Act'' and inserting ``this title'';
                    (B) in paragraph (1), by striking ``section 
                5(a)(7)'' and inserting ``section 6804(a)(7)''; and
                    (C) in paragraph (2), by striking ``section 5(d)'' 
                and inserting ``section 6804(d)''.

SEC. 9. REPORTING REQUIREMENTS.

    Section 809 (16 U.S.C. 6808) is amended to read as follows:

``SEC. 809. REPORTING REQUIREMENTS.

    ``(a) Cost Accounting Systems.--The Secretaries shall develop and 
maintain cost accounting systems necessary to accurately track, manage, 
and report fee receipts and expenditures at each unit. The Secretary 
may extend fee revenue to acquire and develop such systems as needed, 
as a direct operating or administration cost allowed under section 
808(c).
    ``(b) Annual Reporting.--No later than May 1, 2016, and annually 
thereafter, the Secretary shall compile by each agency, broken down by 
unit, a separate accounting for the preceding fiscal year of--
            ``(1) total recreational fee revenue collected by type;
            ``(2) expenditures by project from these accounts;
            ``(3) a description of how expenditure benefitted visitors 
        to the unit;
            ``(4) any new fees established; and
            ``(5) any changes in existing fees.
    ``(c) Submission.--No later than June 1 of each year, the Secretary 
shall--
            ``(1) display all information required under this section 
        prominently on each agency's website and on the website 
        identified in section 804(b)(2); and
            ``(2) provide notice of such information to the Committee 
        on Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate.
    ``(d) Audits.--The Secretary shall develop a program of regular 
audits at fee collection units to ensure accountability of funds 
collected under this title and all expenditures under this title.''.

SEC. 10. SUNSET PROVISION.

    Section 810 (16 U.S.C. 6809) is amended--
            (1) by striking ``this Act'' and inserting ``this title''; 
        and
            (2) by striking ``10 years after the date of the enactment 
        of this Act'' and inserting ``on December 31, 2020''.

SEC. 11. VOLUNTEERS.

    (a) Waiver or Discount of Fees; Site-Specific Agency Pass.--Section 
811(b) (16 U.S.C. 6810(b)) is amended by striking ``standard amenity 
recreation fee, or an expanded amenity recreation fee'' and inserting 
``day use fee, or amenity fee''.
    (b) Technical Corrections.--Section 811 (16 U.S.C. 6810) is 
amended--
            (1) in subsection (b), by striking ``section 5(c)'' and 
        inserting ``section 6804(c)'';
            (2) in subsection (c), by striking ``section 5(a)(7)'' and 
        inserting ``section 6804(a)(7)''; and
            (3) in subsection (d), by striking ``section 5(d)'' and 
        inserting ``section 6804(d)''.

SEC. 12. ENFORCEMENT.

    (a) Required Payment.--Section 812 (16 U.S.C. 6811) is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Required Payment.--
            ``(1) In general.--Any person within a site or an area for 
        which an entrance fee or day use fee is charged is required to 
        pay the entrance fee or day use fee.
            ``(2) Exception.--Paragraph (1) does not apply to a person 
        who--
                    ``(A) is using a valid National Parks and Federal 
                Recreational Lands Pass; or
                    ``(B) is a volunteer with a waiver or discount of 
                fees under section 811(b).
            ``(3) Receipt.--Upon payment of an entrance fee or day use 
        fee by a person, the Secretary shall provide for the issuance 
        to the person of a nontransferable receipt or other form of 
        proof of payment, valid for entry and reentry into the same 
        site or area for a period of no less than one day.''.
    (b) Technical Corrections.--Section 812 (16 U.S.C. 6811) is further 
amended--
            (1) in subsection (a), by striking ``this Act'' and 
        inserting ``this title''; and
            (2) in subsection (e), as redesignated by subsection 
        (a)(1), by striking ``this Act'' and inserting ``this title''.

SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEES.

    (a) Repeal of Additional Provisions.--Section 813(a) (16 U.S.C. 
6812(a)) is amended by striking ``and (i) (except for paragraph 
(1)(C))'' and inserting ``(i), (l), (m), and (n) (except for paragraph 
(5))''.
    (b) Transition.--Section 813 (16 U.S.C. 6812) is amended by adding 
at the end the following new subsection:
    ``(g) Transition.--The Secretaries may continue to collect 
recreational fees in existence on the date of the enactment of the 
Federal Lands Recreation Enhancement Modernization Act of 2014 for up 
to 18 months after the date of the enactment of such Act during which 
time the Secretaries shall bring their relevant recreation fee 
structures into compliance with the amendments made by such Act.''.
    (c) Technical Corrections.--Section 813 (16 U.S.C. 6812) is further 
amended--
            (1) in subsection (a), by striking ``section 5(a)(3)'' and 
        inserting ``section 6804(a)(3)'';
            (2) in subsection (d), by striking ``section 5(a)(3)'' and 
        inserting ``section 6804(a)(3)'';
            (3) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``this Act'' both places it 
                        appears and inserting ``this title''; and
                            (ii) by striking ``section 7'' and 
                        inserting ``section 6806'';
                    (B) in paragraph (2)--
                            (i) by striking ``this Act'' and inserting 
                        ``this title''; and
                            (ii) by striking ``section 5(a)(3)'' and 
                        inserting ``section 6804(a)(3)'';
                    (C) in paragraph (3), by striking ``this Act'' both 
                places it appears and inserting ``this title''; and
                    (D) in paragraph (4), by striking ``this Act'' both 
                places it appears and inserting ``this title''; and
            (4) in subsection (f), by striking ``this Act'' both places 
        it appears and inserting ``this title''.

SEC. 14. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Section 814 (16 U.S.C. 6813) is amended by adding 
at the end the following new subsection:
    ``(g) Pass Acceptance by Concessionaires.--A concession contract or 
permit for recreation services that is otherwise within the scope of an 
exemption from chapter 67 of title 41, United States Code, shall not be 
outside the scope of that exemption because the concessionaire or 
recreation service provider accepts a recreation pass or provides a 
discount under section 803 of this title.''.
    (b) Technical Corrections.--Section 814 (16 U.S.C. 6813) is further 
amended--
            (1) in subsection (a), by striking ``this Act'' and 
        inserting ``this title'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``this Act'' and inserting 
                        ``this title''; and
                            (ii) by striking ``section 6(a)'' and 
                        inserting ``section 6805(a)''; and
                    (B) in paragraph (5), by striking ``August 8, 
                1937'' and inserting ``August 28, 1937''; and
            (3) in subsections (c) through (f), by striking ``this 
        Act'' each place it appears and inserting ``this title''.
                                                       Calendar No. 537

113th CONGRESS

  2d Session

                               H. R. 5204

                      [Report No. 113-706, Part I]

_______________________________________________________________________

                                 A BILL

   To amend the Federal Lands Recreation Enhancement Act to improve 
recreation opportunities and increase consistency and accountability in 
 the collection and expenditure of recreation fees collected on public 
               lands and forests, and for other purposes.

_______________________________________________________________________

                           December 22, 2014

            Reported from the Committee on Natural Resources

                           December 22, 2014

 The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```