I
105TH CONGRESS
1ST SESSION
H. R. 489
To amend the Land and Water Conservation Fund Act of 1965 as regards
the National Park Service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1997
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Land and Water Conservation Fund Act of
1965 as regards 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 ‘‘Park Renewal Fund
Act’’.
SEC. 2. FEES.
(a) ADMISSION FEES.—Section 4(a) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a(a)) is amended as follows:
(1) Delete ‘‘fee-free travel areas’’ and ‘‘lifetime
admission permit’’ from the title of this section.
(2) In paragraph (a)(1)(A)(i) by striking the
first and second sentences and inserting in lieu
thereof, ‘‘For admission into any such designated
area, an annual admission permit (to be known as
the Golden Eagle Passport) shall be available for a
fee and under such conditions as to be determined
by the Secretary of the Interior and the Secretary
of Agriculture.’’.
(3) In paragraph (a)(1)(B) by striking the sec-
ond sentence.
(4) Delete paragraph (a)(2) in its entirety and
insert in lieu thereof: ‘‘Reasonable admission fees for
a single visit to any designated unit shall be estab-
lished by the administering Secretary for persons
who choose not to purchase the annual permit. A
‘single visit’ means a continuous stay within a des-
ignated unit. Payment of a single visit admission fee
shall authorize exits from and reentries to a des-
ignated unit for a period to be defined for each des-
ignated unit by the administering Secretary based
upon a determination of the period of time reason-
ably and ordinarily necessary for such a single
visit.’’.
disabled. Such procedures shall assure that such
permit shall be issued only to persons who have been
medically determined to be permanently disabled.
Such permit shall be nontransferable, shall be issued
without charge, and shall entitle the permittee and
one accompanying individual to general admission
into any area designated pursuant to this subsection,
notwithstanding the method of travel.’’.
(9) In paragraph (a)(6)(A) by striking ‘‘No
later than 60 days after December 22, 1987’’ and
inserting ‘‘No later than six months after enact-
ment’’ and striking ‘‘Interior and Insular Affairs’’
and inserting ‘‘Resources’’.
(10) Delete paragraphs (a)(9) and (a)(11) in
their entirety. Renumber current paragraph ‘‘(10)’’
as ‘‘(9)’’ and current paragraph ‘‘(12)’’ as ‘‘(10)’’.
(b) RECREATION FEES.—Section 4(b) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–6a(b)) is amended as follows:
(1) Delete ‘‘FEES FOR GOLDEN AGE PASSPORT
PERMITTEE’’ from section title.
(2) Delete the following: ‘‘personal collection of
the fee by an employee or agent of the Federal agen-
cy operating the facility’’.
(3) Delete ‘‘Any Golden Age Passport permit-
tee, or’’ and insert in lieu thereof ‘‘Any’’.
(c) CRITERIA, POSTING
AND
UNIFORMITY
OF
FEES.—Section 4(d) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–6a(d)) is amended by
deleting from the first sentence ‘‘recreation fees charged
by non-Federal public agencies,’’ and inserting in lieu
thereof ‘‘fees charged by other public and private enti-
ties,’’.
(d) RULES AND REGULATIONS.—Section 4(e) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.
C. 460l–6a(e)) is amended by deleting ‘‘of not more than
$100.’’ and inserting in lieu thereof ‘‘as provided by law.’’
(e) FEDERAL AND STATE LAWS UNAFFECTED.—Sec-
tion 4(g) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–6a(g)) is amended by deleting
the following in the first sentence ‘‘or fees or charges for
commercial or other activities not related to recreation,’’
and inserting ‘‘: Provided, however, That in those park
areas under partial (if applicable) or exclusive jurisdiction
of the United States where State fishing licenses are not
required, the National Park Service may charge a fee for
fishing.’’.
(f) TECHNICAL AMENDMENTS.—Section 4(h) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(h)) is amended—
(1) by striking ‘‘Bureau of Outdoor Recreation’’
and inserting in lieu thereof, ‘‘National Park Serv-
ice’’;
(2) by striking ‘‘Interior and Insular Affairs of
the United States House of Representatives and
United States Senate’’ and inserting in lieu thereof,
‘‘Resources of the United States House of Rep-
resentatives and on Energy and Natural Resources
of the United States Senate’’; and
(3) by striking ‘‘Bureau’’ and inserting in lieu
thereof, ‘‘National Park Service’’.
(g) USE OF FEES.—Section 4(i) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a(i)) is amended as follows:
(1) 
After 
‘‘(i)’’ 
by 
inserting 
‘‘USE
OF
FEES.—’’.
(2) In the first sentence of subparagraph (B)
by striking ‘‘fee collection costs for that fiscal year’’
and inserting in lieu thereof ‘‘fee collection costs for
the immediately preceding fiscal year’’ and by strik-
ing ‘‘section in that fiscal year’’ and inserting in lieu
thereof ‘‘section in such immediately preceding fiscal
year’’.
(3) In the second sentence of subparagraph (B)
by striking ‘‘in that fiscal year’’.
(4) By adding the following at the end of para-
graph (1):
‘‘(C) Notwithstanding subparagraph (A),
beginning in fiscal year 1996 and each fiscal
year thereafter, all additional fee revenue gen-
erated by the National Park Service through
enactment of this legislation, as authorized to
be collected pursuant to subsection 4 (a) and
(b), shall be covered into a special fund estab-
lished in the Treasury of the United States to
be known as the ‘National Park Renewal
Fund’. In fiscal year 1997 and each fiscal year
thereafter, the amount of additional fee revenue
generated in the immediately preceding fiscal
year by the National Park Service through en-
actment of this legislation shall be available to
the Secretary of the Interior, without further
provision in appropriations Acts, for infrastruc-
ture needs at parks including but not limited to
facility refurbishment, repair and replacement,
interpretive media and exhibit repair and re-
placement, and infrastructure projects associ-
ated with park resource protection. Such
amounts shall remain available until expended.
The Secretary shall develop procedures for the
use of the fund that ensure accountability and
demonstrated results consistent with the pur-
poses of this Act. Beginning the first full fiscal
year after the creation of the ‘National Park
Renewal Fund’, the Secretary shall submit an
annual report to the Congress, on a unit-by-
unit basis, detailing the expenditures of such
receipts. In fiscal year 1996 only, fees author-
ized to be collected pursuant to subsections 4
(a) and (b) of this Act may be collected only to
the extent provided in advance in appropria-
tions Acts.’’.
(5) Paragraph (4)(A) is amended by striking
‘‘resource protection, research, and interpretation’’
and inserting in lieu thereof ‘‘park operations’’.
(h) SELLING OF PERMITS.—Section 4(k) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–6a(k)) is amended by—
(1) striking ‘‘SELLING OF ANNUAL ADMISSION
PERMITS
BY
PUBLIC
AND
PRIVATE
ENTITIES
UNDER ARRANGEMENTS WITH COLLECTING AGEN-
CY HEAD’’ from the title of this section; and
(2) deleting the last two sentences, regarding
the sale of Golden Eagle Passports, from this sec-
tion.
(i) CHARGES FOR TRANSPORTATION PROVIDED BY
THE NATIONAL PARK SERVICE.—(1) Section 4(l)(1) of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(1)) is amended by striking the word
‘‘VIEWING’’ from the section title and inserting in lieu
thereof ‘‘VISITING’’.
(2) Section 4(l)(1) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a(1)) is amended
by deleting the word ‘‘view’’ and inserting in lieu thereof
‘‘visit’’.
(3) Section 4(l)(2) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a(1)) is amended
by deleting paragraph (2) and inserting in lieu thereof:
‘‘Notwithstanding any other provision of law, the charges
imposed under paragraph (1) shall be retained by the unit
of the National Park System at which the service was pro-
vided. The amount retained shall be expended for costs
associated with the transportation systems at the unit
where the charge was imposed.’’.
(j) COMMERCIAL TOUR FEES.—Section 4 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(n)) is amended by striking section (2) in
its entirety and inserting in lieu thereof:
‘‘(2) The Secretary shall establish a flat fee, per
entry, for such vehicles. The amount of the said flat
fee shall reflect both the commercial tour use fee
rate and current admission rates.’’.
(k) FEES FOR SPECIAL USES.—Section 4 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a) is amended by adding the following at
the end thereof:
‘‘(o) FEES
FOR COMMERCIAL NONRECREATIONAL
USES.—Utilizing the criteria established in section 4(d)
(16 U.S.C. 460l–6a(d)), the Secretary of the Interior shall
establish reasonable fees for non-recurring commercial or
non-recreational uses of National Park System units that
require special arrangements, including permits. At a min-
imum, such fees will cover all costs of providing necessary
services associated with such use, except that at the Sec-
retary’s discretion, the Secretary may waive or reduce
such fees in the case of any organization using an area
within the National Park System for activities which fur-
ther the goals of the National Park Service. Receipts from
such fees may be retained at the park unit in which the
use takes place, and remain available, without further ap-
propriation, to cover the cost of providing such services.
The portion of such fee which exceeds the cost of providing
necessary services associated with such use shall be depos-
ited into the National Park Renewal Fund.’’.
(l) FEE AUTHORITY.—Section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a) is amended by adding the following new subsection
at the end thereof:
‘‘(p) ADMISSION OR RECREATION USE FEES.—No
admission or recreation use fee of any kind shall be
charged or imposed for entrance into, or use of, any feder-
ally owned area operated and maintained by a Federal
agency and used for outdoor recreation purposes, except
as provided for by this Act.’’.
SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELA-
WARE WATER GAP NATIONAL RECREATION
AREA.
(a) IN GENERAL.—Effective at noon on September
30, 2005, the use of Highway 209 within the Delaware
Water Gap National Recreation Area by commercial vehi-
cles, when such use is not connected with the operation
of the recreation area, is prohibited, except as provided
in section (b).
(b) LOCAL BUSINESS USE PROTECTED.—Subsection
(a) does not apply with respect to the use of commercial
vehicles to serve businesses located within or in the vicinity
of the recreation area, as determined by the Secretary.
(c) CONFORMING PROVISIONS.—(1) Paragraphs (1)
through (3) of the third undesignated paragraph under
the heading ‘‘ADMINISTRATIVE PROVISIONS’’ in chapter
VII of title I of Public Law 98–63 (97 Stat. 329), are
repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Sec-
retary shall collect and utilize a commercial use fee from
commercial vehicles in accordance with paragraphs (1)
through (3) of such third undesignated paragraph. Such
fee shall not exceed $25 per trip.
SEC. 4. 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,
the term—
(1) ‘‘challenge cost-share agreement’’ means
any agreement entered into between the Secretary
and any cooperator for the purpose of sharing costs
or services in carrying out authorized functions and
responsibilities of the Secretary with respect to any
unit or program of the National Park System (as
defined in section 2(a) of the Act of August 8, 1953
(16 U.S.C. 1c(a)), any affiliated area, or designated
National Scenic or Historic Trail; and
(2) ‘‘cooperator’’ means any State or local gov-
ernment, public or private agency, organization, in-
stitution, corporation, individual, or other entity.
(b) USE OF FEDERAL FUNDS.—In carrying out chal-
lenge cost-share agreements, the Secretary is authorized
to provide the Federal funding share from any funds avail-
able to the National Park Service.
SEC. 5. DONATIONS.
(a) REQUESTS FOR DONATIONS.—In addition to the
Secretary’s other authorities to accept the donation of
lands, buildings, other property, services, and moneys for
the purposes of the National Park System, the Secretary
is authorized to solicit donations of money, property, and
services from individuals, corporations, foundations and
other potential donors who the Secretary believes would
wish to make such donations as an expression of support
for the national parks. Such donations may be accepted
and used for any authorized purpose or program of the
National Park Service, and donations of money shall re-
main available for expenditure without fiscal year limita-
tion. Any employees of the Department to whom this au-
thority is delegated shall be set forth in the written guide-
lines issued by the Secretary pursuant to paragraph (d).
(b) EMPLOYEE PARTICIPATION.—Employees of the
National Park Service may solicit donations only if the
request is incidental to or in support of, and does not
interfere with their primary duty of protecting and admin-
istering the parks or administering authorized programs,
and only for the purpose of providing a level of resource
protection, visitor facilities, or services for health and safe-
ty projects, recurring maintenance activities, or for other
routine activities normally funded through annual agency
appropriations. Such requests must be in accordance with
the guidelines issued pursuant to subparagraph (d).
(c) PROHIBITIONS.—(1) A donation may not be ac-
cepted in exchange for a commitment to the donor on the
part of the National Park Service or which attaches condi-
tions inconsistent with applicable laws and regulations or
that is conditioned upon or will require the expenditure
of appropriated funds that are not available to the Depart-
ment, or which compromises a criminal or civil position
of the United States or any of its departments or agencies
or the administrative authority of any agency of the
United States.
(2) In utilizing the authorities contained in this sec-
tion employees of the National Park Service shall not di-
rectly conduct or execute major fundraising campaigns,
but may cooperate with others whom the Secretary may
designate to conduct such campaigns on behalf of the Na-
tional Park Service.
(d) GUIDANCE.—(1) The Secretary shall issue writ-
ten guidelines setting forth those positions to which he has
delegated his authority under paragraph (a) and the cat-
egories of employees of the National Park Service that are
authorized to request donations pursuant to paragraph
(b). Such guidelines shall also set forth any limitations
on the types of donations that will be requested or accept-
ed as well as the sources of those donations.
(2) The Secretary shall publish guidelines which set
forth the criteria to be used in determining whether the
solicitation or acceptance of contributions of lands, build-
ings, other property, services, moneys, and other gifts or
donations authorized by this section would reflect unfavor-
ably upon the ability of the Department of the Interior
or any employee to carry out its responsibilities or official
duties in a fair and objective manner, or would com-
promise the integrity or the appearance of the integrity
of its programs or any official involved in those programs.
The Secretary shall also issue written guidance on the ex-
tent of the cooperation that may be provided by National
Park Service employees in any major fundraising cam-
paign which the Secretary has designated others to con-
duct pursuant to paragraph (c)(2).
SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK
RESOURCES.
Public Law 101–337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending
subsection (d) to read as follows:
‘‘(d) ‘Park system resource’ means any living or non-
living resource that is located within the boundaries of a
unit of the National Park System, except for resources
owned by a non-Federal entity.’’.
(2) In section 1 (16 U.S.C. 19jj) by adding at
the end thereof the following:
‘‘(g) ‘Marine or aquatic park system resource’ means
any living or nonliving part of a marine or aquatic regimen
within or is a living part of a marine or aquatic regimen
within the boundaries of a unit of the National Park Sys-
tem, except for resources owned by a non-Federal entity.’’.
(3) In section 2(b) (16 U.S.C. 19jj–1(b)), by
striking ‘‘any park’’ and inserting in lieu thereof
‘‘any marine or aquatic park’’.
Æ