pursuant to this section, notwithstanding the method
of travel.
‘‘(5) RECREATION USE FEES.—Each agency de-
veloping, administering, providing, or furnishing at
Federal expense services for such activities as camp-
ing, including back country camping under permit,
guarded swimming sites, boat launch facilities, group
activities including picnic sites, managed parking
lots, motorized recreation use and other recreation
uses, shall in accordance with this section provide for
the collection of recreation use fees at the place of use
or any reasonably convenient location. The admin-
istering Secretary may establish both daily and an-
nual recreation use fees. Fees may not be charged by
any such agency for the use, either singly or in any
combination, of drinking water, wayside exhibits,
overlook sites, toilet facilities, or picnic tables.
‘‘(6) COMMERCIAL
TOUR
USE
FEE.—(A) For
each area for which an admission fee is charged
under this section, the administering Secretary shall
charge any fee on a per vehicle basis for each vehicle
or vessel and passengers entering the area for the pur-
pose of providing commercial tour services.
‘‘(B) The Secretary of the Interior shall charge
a commercial tour fee for aircraft entering the air-
space of units of the National Park System in the
same manner and by the same means as provided in
section 4(n) of the Land and Water Conservation
Fund Act of 1965, as in effect immediately before the
enactment of the Visitor Services Improvement and
Outdoor Legacy Act of 1996.
‘‘(C) Within 12 months after the date of enact-
ment of the Visitor Services Improvement and Out-
door Legacy Act of 1996, the Secretary of the Interior
and the Secretary of Transportation shall jointly sub-
mit a report to the appropriate committees of Con-
gress outlining revisions to the commercial tour fee
schedule for aircraft which encourages the use of quiet
aircraft technology.
‘‘(7) TRANSPORTATION PROVIDED BY THE SEC-
RETARY.—Where the administering Secretary pro-
vides transportation to visit all or a portion of any
area, he may impose a charge for such service. Collec-
tion of such fees may occur at the transportation stag-
ing area or any reasonably convenient location,
whether inside or outside of the area boundary. The
administering Secretary may enter into arrangements
with qualified public or private entities pursuant to
which such entities may collect such fees. Such funds
collected shall be retained at the area where the serv-
ice was provided and expended for costs associated
with the transportation system.
‘‘(8) PERSONS 12 YEARS OF AGE OR UNDER.—
The admission fee for a person who is 12 years of age
or under at any area for which admission fees are
charged on a per person basis shall be no greater than
50 percent of the per person admission fee of a person
older than 12 years.
‘‘(e) ESTABLISHMENT OF ACCOUNTS AND DEPOSIT OF
RECREATION FEES.—
‘‘(1) ESTABLISHMENT.—The Secretary of the
Treasury shall establish a special account in the
Treasury for each agency which collects recreation fees
under this section. Within each such account, the ad-
ministering Secretary shall separately account for re-
ceipts and disbursements of funds for each area.
‘‘(2) DEPOSITS.—(A) The administering Sec-
retary shall deposit in each agency account all re-
ceipts from fees collected pursuant to this section by
any Federal agency (or by any public or private en-
tity under contract with a Federal agency).
‘‘(B) All funds from the sale of the Golden Eagle
Passport shall be divided among the agencies based on
a formula which the administering Secretaries shall
devise and which considers total recreation admission
fees collected by the agency and total recreation use
at designated admission fee areas provided by the
agency. Funds from the sale of the Golden Eagle Pass-
port shall be deposited as recreation fees collected into
the appropriate agency account.
‘‘(C) All funds from the sale of geographic ad-
mission permits under subsection (d)(3) shall be di-
vided among the areas for which such permits were
issued on the basis of visitor use, length of stay, and
other pertinent factors as determined by the admin-
istering Secretaries and shall be deposited as recre-
ation fees collected from those areas into the appro-
priate agency account.
‘‘(3) FEE COLLECTION COSTS.—Notwithstanding
any other provision of law, the administering Sec-
retary may, in any fiscal year, withdraw from the
special account established under paragraph (1) an
amount up to 15 percent of all receipts collected
under this section in the preceding fiscal year. The
amounts so withdrawn shall be retained by the ad-
ministering Secretaries, and shall be available, with-
out further appropriation, for expenditure by the Sec-
retary concerned to cover fee collection costs, and shall
remain available until expended. For the purposes of
this paragraph, for any fiscal year, the term ‘fee col-
lection costs’ means those costs for personnel and in-
frastructure directly associated with the collection of
fees imposed under this section.
‘‘(4) USE OF RECREATION FEES.—Amounts cov-
ered into the special account for each agency during
each fiscal year shall be available after the end of
such fiscal year for appropriation for visitor services,
except as provided in paragraphs (3) and (5). Funds
credited to the special account shall remain available
until expended.
‘‘(5) AMOUNTS IN EXCESS OF PRE-1996 AUTHOR-
IZED
RECREATION
RECEIPTS.—Beginning in fiscal
year 1996 and each fiscal year thereafter, all funds
deposited in special accounts in the Treasury for each
agency under this section which are in addition to
funds collected in fiscal year 1995 shall be made im-
mediately available to that agency without further
appropriation. Of the amounts made available under
this paragraph after the application of paragraph
(3), 75 percent shall be allocated among the units or
areas of each agency in the same proportion as fees
collected from that specific area bear to the total
amount of fees collected from all areas of that agency
for the fiscal year. In addition, one-third of the
amount of recreation fees collected from the area
which exceeds the target recreation revenue goal speci-
fied in subsection (c)(5) for that area shall be made
available to that area without further appropriation.
The remainder of the fees collected pursuant to this
section shall be allocated among each agency’s areas
on the basis of need as determined by the Secretary.
All such funds shall remain available until expended.
Funds deposited into accounts under this paragraph
may only be used (A) to fund visitor services on Fed-
eral lands, (B) for repair, rehabilitation, or replace-
ment of visitor use facilities, and (C) for construction
of new facilities necessary to establish a recreation fee
program at any area.
‘‘(f) ACCOUNTABILITY OF FUNDING.—The Comptroller
General of the United States shall conduct periodic audits
to ensure that amounts received under this section are fully
accounted for and not diverted to administrative overhead
or other programs not directly related to visitor services.
‘‘(g) ENFORCEMENT OF FEE COLLECTION POLICIES.—
In accordance with the provisions of this section, the ad-
ministering Secretaries may prescribe rules and regulations
for areas under their administration for the collection of
any fee established pursuant to this section. Persons author-
ized by the administering Secretaries to enforce any such
rules or regulations issued under this section may, within
areas under the administration or authority of such admin-
istering Secretary and with or, if the offense is committed
in his presence, without a warrant, arrest any person who
violates such rules and regulations. Any person so arrested
may be tried and sentenced by the United States magistrate
specifically designated for that purpose by the court by
which he was appointed, in the same manner and subject
to the same conditions as provided in subsections (b), (c),
(d), and (e) of section 3401 of title 18, United States Code.
Any violations of the rules and regulations issued under
this subsection shall be punishable by a fine as provided
by law.
‘‘(h) NON-FEDERAL RESERVATIONS.—The administer-
ing Secretary, under such terms and conditions as he deems
appropriate, may contract with any public or private en-
tity to provide visitor reservation services. Any such con-
tract may provide that the contractor shall be permitted
to deduct a commission to be fixed by the agency head from
the amount charged the public for providing such services
and to remit the net proceeds therefrom to the contracting
agency.
‘‘(i) USE OF VOLUNTEERS FOR FEE COLLECTION.—
When authorized by the administering Secretary, volunteers
at designated areas may collect fees authorized or estab-
lished pursuant to this section. The administering Secretary
shall ensure that such volunteers have adequate training for
this purpose. The administering Secretary may require a
surety bond for any such volunteer performing services
under this subsection. Funds available to the collecting
agency may be used to cover the cost of any such surety
bond.
‘‘(j) MITIGATION OF ANY IMPACTS OF RECREATIONAL
FEES ON LOW-INCOME INDIVIDUALS.—In carrying out this
section, the administering Secretaries shall implement such
programs as are necessary to ensure any impacts of rec-
reational fees on low-income persons are minimized. The
administering Secretaries shall determine any effects on
low-income individuals of recreation use and admission fees
and shall jointly submit recommendations to the Congress
regarding actions to be taken to resolve such impacts. Such
recommendations shall be included as part of the four-year
report required to be submitted under subsection (m)(1).
‘‘(k) LIMITATIONS ON FEES.—
‘‘(1) ACTIVITIES NOT SUBJECT TO FEES.—Noth-
ing in this section shall be construed to—
‘‘(A) authorize Federal hunting or fishing
licenses or fees;
‘‘(B) affect any rights or authority of the
States with respect to fish and wildlife;
‘‘(C) authorize the collection of fees from
any person who has a right of access for hunting
or fishing privileges under a specific provision of
law or treaty;
‘‘(D) authorize charges for commercial or
other activities not related to recreation; or
‘‘(E) authorize an admission fee or a com-
mercial tour fee at any area for organized school
groups on outings conducted for educational pur-
poses.
‘‘(2) THROUGH TRAVEL.—No admission fee shall
be charged for travel by private, noncommercial vehi-
cle or commercial tour vehicle over any national
parkway or any road or highway established as a
part of the National Federal Aid System, as defined
in section 101, title 23, United States Code, which is
commonly used by the public as a means of travel be-
tween two places either or both of which are outside
the area. Nor shall any fee be charged for travel by
private, noncommercial vehicle over any road or high-
way to any land in which such person has any prop-
erty right if such land is within any such designated
area.
‘‘(3) 
PERSONS
CONDUCTING
GOVERNMENTAL
BUSINESS.—No admission fee shall be charged to per-
sons engaged in the conduct of official Federal, State
or local government business or to others authorized
by the administering Secretary to conduct adminis-
trative duties within the area.
‘‘(4) LIFETIME ADMISSION PERMITS.—No admis-
sion fee shall be charged under this section to any
person who possesses a lifetime admission permit is-
sued under section 4(a)(4) of this Act as in effect on
the day before the date of the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of
1996.
‘‘(l) ANNUAL REPORTING REQUIREMENTS.—Reports
indicating the number and location of fee collection areas,
visitor use statistics, fees collected, and other pertinent data,
shall be coordinated and compiled by the administering
Secretaries and transmitted to the Committee on Resources
of the United States House of Representatives and the Com-
mittee on Energy and Natural Resources of the United
States Senate. These reports shall be transmitted annually
not later than the submission of the President’s budget
under section 1105 of title 31, United States Code, and shall
include any recommendations which the Secretaries may
have with respect to improving the recreation fee program.
‘‘(m) IMPLEMENTATION REPORT; EFFECTIVE
DATE
FOR FEES AND TARGETS.—Not later than four years after
the date of enactment of the Visitor Services Improvement
and Outdoor Legacy Act of 1996, the administering Sec-
retaries shall submit reports to Congress on the implementa-
tion of this section. Such reports shall include the policy
statement developed under subsection (a)(2), the likely level
of potential cost recovery from the recreation fee program
for each agency, the fees to be charged under this section,
and the target recreation revenue goals for each area subject
to this section. Such fees and target recreation revenue goals
shall be effective beginning with the fifth fiscal year begin-
ning after the enactment of the Visitor Services Improve-
ment and Outdoor Legacy Act of 1996 unless Congress en-
acts a joint resolution before the beginning of such fiscal
year specifying otherwise.
‘‘(n) EXEMPTION OF FEES.—Amounts collected under
this section which exceed the 1995 authorized recreation re-
ceipts shall not be taken into account for the purposes of
the Act of May 23, 1908, and the Act of March 1, 1911
(16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C. 501),
the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August
8, 1937, and the Act of May 24, 1939 (43 U.S.C. 1181f
et seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter
69 of title 31, United States Code, section 401 of the Act
of June 15, 1935 (16 U.S.C. 715s), the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–1–4–460l–
11), and any other provision of law relating to revenue allo-
cation.
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) FIRST 4 YEARS.—During the first four fis-
cal years beginning after the enactment of the Visitor
Services Improvement and Outdoor Legacy Act of
1996, there is authorized to be appropriated for a fis-
cal year amounts which would have been appro-
priated for that fiscal year under section 4 of the
Land and Water Conservation Fund Act of 1965, as
such section was in effect on the day before the date
of enactment of the Visitor Services Improvement and
Outdoor Legacy Act of 1996.
‘‘(2) GUARANTEE
OF
FUNDING
ENHANCEMENT
BEGINNING WITH THE 5TH FISCAL YEAR.—(A) Effec-
tive for the fifth fiscal year beginning after the enact-
ment of the Visitor Services Improvement and Out-
door Legacy Act of 1996 and thereafter, after target
recreation revenue goals are submitted to the Congress
under subsection (m), there is authorized to be appro-
priated for each agency for each fiscal year an
amount such that the total funding available for visi-
tor services from recreational fees and appropriated
amounts is not less than 125 percent of the adjusted
1995 base amount.
‘‘(B) For the purpose of subparagraph (A), the
term ‘adjusted 1995 base amount’ means the amount
appropriated for visitor services for fiscal year 1995
increased or decreased for a fiscal year by the percent-
age (if any) by which the average Consumer Price
Index for the preceding fiscal year exceeds the average
Consumer Price Index for fiscal year 1995. For pur-
poses of this subparagraph, the term ‘Consumer Price
Index’ means the Consumer Price Index for all-urban
consumers published by the Bureau of Labor Statis-
tics, Department of Labor.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a)(1)(A) Title I of the Department of the Interior and
Related Agencies Appropriations Act, 1994 is amended by
striking out the third proviso under the heading ‘‘ADMINIS-
TRATIVE PROVISIONS’’ which is under the heading ‘‘NA-
TIONAL PARK SERVICE’’ (related to recovery of costs associ-
ated with special use permits).
(B) For those recreational activities for which a fee
was charged prior to September 30, 1995, under the provi-
sion of law amended by subparagraph (A), the Secretary
may continue to charge and retain such fees until such park
is able to receive reimbursement under section 4 of the Land
and Water Conservation Fund Act of 1965, as amended by
this Act.
(2) Section 3 of the Act entitled ‘‘An Act to establish
a National Park Service, and for other purposes’’, approved
August 25, 1916 (16 U.S.C. 3), is amended—
(A) by inserting ‘‘(a)’’ after ‘‘3.’’; and
(B) by adding at the end the following:
‘‘(b) The Secretary shall publish regulations governing
commercial or nonrecreational special uses of units of the
National Park System for which a fee is not authorized to
be charged under section 4 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6), including (but
not limited to) such activities as filming, special athletic
or sporting events, weddings, cultural events and festivals.
After adoption of such regulations, the Secretary may re-
tain an amount equal to the direct administrative costs as-
sociated with issuing any permits and managing such ac-
tivities (including, but not limited to, personnel costs, clean
up costs, and other special services) for which such permit
is issued. Such amounts retained shall be credited to the
appropriation current at the time, and may only be spent
for activities directly in support of the purposes for which
the permit was issued. Such amounts retained are author-
ized to remain available until expended.’’.
(b) The following Public Laws are amended as follows:
(1) Section 5(e) of Public Law 87–657 (16
U.S.C. 459c–5(e)), as amended, is hereby repealed.
(2) Section 3(b) of Public Law 87–750 (16
U.S.C. 398e(b)) is hereby repealed.
(3) Section 4(e) of Public Law 92–589 (16
U.S.C. 460bb–3), as amended, is further amended by
striking the first sentence.
(4) Section 6(j) of Public Law 95–348 (92 Stat.
493) is hereby repealed.
(5) Section 207 of Public Law 96–199 (94 Stat.
77) is hereby repealed.
(6) Section 106 of Public Law 96–287 (94 Stat.
600) is amended by striking the last sentence.
(7) Section 204 of Public Law 96–287 (94 Stat.
601) is amended by striking the last sentence.
(8) Section 5 of Public Law 96–428 (94 Stat.
1842) is hereby repealed.
(9) Public Law 100–55 (101 Stat. 371) is hereby
repealed.
(10) Section 203 of the Alaska National Interest
Lands Conservation Act shall not apply with respect
to charging an admission fee at Denali National Park
and Preserve in Alaska.
SEC. 5. SAVINGS PROVISION RELATING TO AREAS ADMINIS-
TERED BY THE UNITED STATES ARMY CORPS
OF ENGINEERS.
Areas at civil works projects administered by the Unit-
ed States Army Corps of Engineers shall be subject to sec-
tion 4 of the Land and Water Conservation Fund Act of
1965, as in effect immediately before the enactment of this
Act, in lieu of being subject to the amendments made by
this Act.