IB
Union Calendar No. 439
103D CONGRESS
2D SESSION
H. R. 4533
[Report No. 103–793]
To promote entrepreneurial management of the National Park Service, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1994
Mr. VENTO (by request) introduced the following bill; which was referred to
the Committee on Natural Resources
OCTOBER 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 26, 1994]
A BILL
To promote entrepreneurial management of the National
Park Service, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Park Service
Entrepreneurial Management Reform Act of 1994’’.
SEC. 2. FEES.
(a) ADMISSION FEES.—Section 4(a) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4
and following) is amended as follows:
(1) In the first sentence of paragraph (1)(A)(i),
by striking ‘‘$25’’ and inserting ‘‘$40’’.
(2) By amending the second sentence of para-
graph (1)(A)(i) to read as follows: ‘‘The permittee and
the accompanying spouse, children, and parents of the
permittee shall be entitled to general admission into
any area designated pursuant to this section.’’.
(3) By modifying the margin of clause (ii) of
paragraph (1)(A) to align with the margin of clause
(i).
(4) By inserting at the end of clause (ii) of para-
graph (1)(A) the following: ‘‘Such receipts shall be
made available, subject to appropriation, for author-
ized resource protection, rehabilitation, and conserva-
tion projects as provided for by subsection (i), includ-
ing projects to be carried out by the Public Land
Corps or any other conservation corps pursuant to the
Youth Conservation Corps Act of 1970 (16 U.S.C.
1701 and following), or other related programs or au-
thorities, on lands administered by the Secretary of
the Interior and the Secretary of Agriculture.’’.
(5) In paragraph (1)(B), by striking ‘‘$15’’ and
inserting ‘‘$25’’ and by adding at the end the follow-
ing new sentence: ‘‘Any amount by which the fee for
such an annual permit exceeds $15 shall be credited
to the appropriation account of the unit of the Na-
tional Park System that collected the fee, shall be
available to the unit without further appropriation,
and shall remain available until expended.’’.
(6) In paragraph (2), by inserting ‘‘(A)’’ after
‘‘(2)’’, by striking the fifth and sixth sentences, by
amending the fourth sentence to read as follows: ‘‘The
fee for a single-visit permit at any designated area
shall be not more than $6 per person for persons en-
tering by any means, except that the fee shall not ex-
ceed $20 for all persons entering a designated area in
a single noncommercial vehicle.’’, and by adding at
the end the following new subparagraph:
‘‘(B) The Secretary shall establish a pilot project
at Yosemite National Park that utilizes incentives, in-
cluding waiving or reducing admission fees, to en-
courage use of public transit which serves the purpose
of reducing vehicular traffic within Yosemite National
Park.’’.
(7) In paragraph (3), by striking the last sen-
tence.
(8) In paragraph (4), by striking ‘‘No other free
permits shall be issued to any person’’ and inserting
‘‘No other free permits shall be issued to any person,
except as otherwise provided by this subsection’’.
(9) In paragraph (4), by amending the second
sentence to read as follows: ‘‘Such permit shall be
nontransferable, shall be issued for a one-time charge
of $10, and shall entitle the permittee and the accom-
panying spouse of the permitee to general admission
into any area designated pursuant to this sub-
section.’’.
(10) In paragraph (6) by striking ‘‘on Interior
and Insular Affairs’’ and inserting ‘‘on Natural
Resources’’.
(11) In paragraph (9), by striking ‘‘San Juan
National Historic Site, and Canaveral National Sea-
shore’’ and inserting ‘‘and San Juan National His-
toric Site’’ and by adding the following at the end
thereof: ‘‘The Secretary of the Interior shall submit a
report to the Congress within 6 months after the en-
actment of this sentence respecting the areas at which
the Secretary determines admission fees would be ap-
propriate but at which such fees are prohibited by law
and respecting each area at which such fees are au-
thorized but not being collected (including an expla-
nation of the reasons that such fees are not being
collected).’’.
(12) By amending paragraph (11) to read as
follows:
‘‘(11) In the case of Yellowstone and Grand
Teton National Parks, a single-visit fee collected at
one unit shall also admit the person who paid such
fee for a single visit to the other unit.’’.
(b) PENALTY.—Section 4(e) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and fol-
lowing) is amended by striking ‘‘$100’’ and inserting
‘‘$1,000’’.
(c) TECHNICAL AMENDMENTS.—(1) Section 4(h) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–4 and following) is amended by striking ‘‘on Interior
and Insular Affairs of the United States House of Rep-
resentatives and United States Senate’’ and inserting ‘‘on
Natural Resources of the United States House of Represent-
atives and on Energy and Natural Resources of the United
States Senate’’, by striking ‘‘Bureau of Outdoor Recre-
ation’’ and inserting ‘‘National Park Service’’, and by
striking ‘‘Bureau’’ and inserting ‘‘National Park Service’’.
(2) Section 4(g) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–4 and following) is
amended by striking ‘‘or charges for commercial or other
activities not related to recreation’’.
(d) USE OF FEES.—Section 4(i) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4
and following) is amended as follows:
(1) By inserting ‘‘USE OF FEES.—’’ after ‘‘(i)’’.
(2) In the first sentence of paragraph (1)(B), by
striking ‘‘fee collection costs for that fiscal year’’ and
inserting ‘‘fee collection costs for the immediately pre-
ceding fiscal year’’ and by striking ‘‘section in that
fiscal year’’ and inserting ‘‘section in such imme-
diately preceding fiscal year’’.
(3) In the second sentence of paragraph (1)(B),
by striking ‘‘in that fiscal year’’.
(4) In paragraph (1), by adding at the end the
following new subparagraph:
‘‘(C) Notwithstanding subparagraph (A) and notwith-
standing any other provision of law, for fiscal years after
fiscal year 1995, the amount by which the receipts collected
pursuant to this section by the National Park Service (ex-
cept for the portion of fee receipts withheld as provided in
subparagraph (B) for fee collection costs) exceeds the re-
ceipts collected pursuant to this section by the National
Park Service in fiscal year 1993 shall be covered into a
special fund established in the Treasury of the United
States to be known as the ‘National Park Renewal Fund’.
Amounts in such fund shall be available to the Secretary
of the Interior, without further appropriation, for resource
protection, research, interpretation, and maintenance ac-
tivities related to resource protection and visitor enjoyment
in areas managed by the National Park Service and shall
be allocated among national park system units in accord-
ance with subsection (j). Such amounts shall remain avail-
able until expended. The Secretary shall develop procedures
for the use of amounts in the fund that ensure accountabil-
ity and demonstrated results consistent with the purposes
of this Act. Beginning after the first full fiscal year follow-
ing enactment of this subparagraph, the Secretary shall
submit an annual report to Congress, on a unit-by-unit
basis, detailing the fees receipts collected pursuant to this
section and the expenditures of such receipts.’’.
(e) TIME OF REIMBURSEMENT.—Section 4(k) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–4 and following) is amended by striking the last
sentence.
(f) FEES FOR SPECIAL USES.—Section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 and following) is amended by adding the following new
subsection at the end:
‘‘(o) FEES FOR SPECIAL USES.—The Secretary of the
Interior shall establish reasonable fees for nonrecreational
uses of national park system units that require special ar-
rangements, including permits. The fees shall be set at such
level as the Secretary deems necessary to insure that the
United States will receive fair market value for the use of
the area concerned and shall, at a minimum, cover all costs
of providing necessary services associated with such special
uses, except that the Secretary may, in his discretion, waive
or reduce such fees in the case of any nonprofit organization
or any organization using an area within the national park
system for educational or park-related purposes. Notwith-
standing any other provision of law, the Secretary shall re-
tain so much of the revenue from such fees as is equal to
fee collection costs and the costs of providing the necessary
services associated with such special uses. Such retained
amounts shall be credited to the appropriation account for
the national park system unit concerned and shall remain
available until expended, beginning in the fiscal year in
which the amounts are so credited.’’.
(g) ADMISSION OR RECREATION USE FEES.—Section
4 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 and following) is amended by adding
the following new subsection at the end:
‘‘(p) ADMISSION OR RECREATION USE FEES.—Not-
withstanding any other provision of law, no admission or
recreation use fee of any kind shall be charged or imposed
for entrance into, or use of, any federally owned area oper-
ated and maintained by a Federal agency and used for out-
door recreation purposes, except as provided for by this
Act.’’.
SEC. 3. CHALLENGE COST-SHARE AGREEMENTS.
(a) AGREEMENTS.—The Secretary of the Interior is
authorized to negotiate and enter into challenge cost-share
agreements with cooperators. For purposes of this section—
(1) The term ‘‘challenge cost-share agreement’’
means any agreement entered into between the Sec-
retary and any cooperator for the purpose of sharing
costs or services in carrying out any authorized func-
tions and responsibilities of the Secretary with respect
to any unit of the national park system (as defined
in section 2(a) of the Act of August 8, 1953 (16
U.S.C. 1b–1c)), any affiliated area, or any designated
national scenic or historic trail.
(2) The term ‘‘cooperator’’ means any State or
local government, public or private agency, organiza-
tion, institution, corporation, individual, or other
entity.
(b) USE OF FEDERAL FUNDS.—In carrying out chal-
lenge cost-share agreements, the Secretary is authorized,
subject to appropriation, to provide the Federal funding
share from any funds available to the National Park
Service.
SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK
RESOURCES.
Notwithstanding any other provision of law, any funds
payable to United States as restitution on account of dam-
age to national park resources or property shall be paid
to the Secretary of the Interior. Any such funds, and any
other funds received as a result of forfeiture, compromise,
or settlement on account of damage to national park re-
sources or property shall be credited to the appropriation
account for the national park system unit concerned and
shall be available, without further appropriation, for ex-
penditure by the Secretary, without regard to fiscal year
limitation, to improve, protect, or rehabilitate any park re-
sources or property which have been damaged by the action
of a permittee or any unauthorized person.