I 
108TH CONGRESS 
1ST SESSION 
H. R. 420
To establish a user fee system that provides for an equitable return to 
the Federal Government for the occupancy and use of National Forest 
System lands and facilities by organizational camps that serve the youth 
and disabled adults of America, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2003
Mr. KOLBE introduced the following bill; which was referred to the Committee 
on Agriculture, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish a user fee system that provides for an equitable 
return to the Federal Government for the occupancy 
and use of National Forest System lands and facilities 
by organizational camps that serve the youth and dis-
abled adults of America, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Forest Organizational Camp Fee Improvement 
Act of 2003’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings, purpose, and definitions. 
Sec. 3. Fees for occupancy and use of National Forest System lands and facili-
ties by organizational camps. 
Sec. 4. Implementation. 
Sec. 5. Relationship to other laws. 
Sec. 6. Deposit and expenditure of use fees. 
Sec. 7. Ministerial issuance or amendment authorization.
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Organizational camps, such as those admin-
istered by the Boy Scouts, Girl Scouts, and faith-
based and community-based organizations, provide a 
valuable service to young people, individuals with a 
disability, and their families by promoting physical, 
mental, and spiritual health through activities con-
ducted in a natural environment. 
(2) The 192,000,0000 acres of national forests 
and grasslands of the National Forest System man-
aged for multiple uses by the Forest Service provides 
an ideal setting for such organizational camps. 
(3) The Federal Government should charge 
land use fees for the occupancy and use of National 
Forest System lands by such organizational camps 
that, while based on the fair market value of the 
land in use, also recognize the benefits provided to 
society by such organizational camps, do not pre-
clude the ability of such organizational camps from 
utilizing these lands, and permit capital investment 
in, and maintenance of, camp facilities by such orga-
nizational camps or their sponsoring organizations. 
(4) Organizational camps should—
(A) ensure that their facilities meet appli-
cable building and safety codes, including fire 
and health codes; 
(B) have annual inspections as required by 
local law, including at a minimum inspections 
for fire and food safety; and 
(C) have in place safety plans that address 
fire and medical emergencies and encounters 
with wildlife. 
(b) PURPOSE.—It is the purpose of this Act to estab-
lish a land use fee system that provides for an equitable 
return to the Federal Government for the occupancy and 
use of National Forest System lands by organizational 
camps that serve young people or individuals with a dis-
ability. 
(c) DEFINITIONS.—In this Act: 
(1) The term ‘‘organizational camp’’ means a 
public or semi-public camp that—
(A) is developed on National Forest Sys-
tem lands by a nonprofit organization or gov-
ernmental entity; 
(B) provides a valuable service to the pub-
lic by using such lands as a setting to introduce 
young people or individuals with a disability to 
activities that they may not otherwise experi-
ence and to educate them on natural resource 
issues; and 
(C) does not have as its primary purpose 
raising revenue through commercial activities. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the For-
est Service. 
(3) The term ‘‘individual with a disability’’ has 
the meaning given the term in section 7 of the Reha-
bilitation Act of 1973 (29 U.S.C. 705). 
(4) The term ‘‘children at risk’’ means children 
who are raised in poverty or in single-parent homes 
or are subject to such circumstances as parental 
drug abuse, homelessness, or child abuse. 
(5) The term ‘‘change in control’’ means—
(A) in the case of a corporation, the sale 
or transfer of a controlling interest in the cor-
poration;
(B) in the case of a partnership or limited 
liability company, the sale or transfer of a con-
trolling interest in the partnership or limited li-
ability company; and 
(C) in the case of an individual, the sale or 
transfer of an organizational camp to another 
party. 
SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOR-
EST SYSTEM LANDS AND FACILITIES BY OR-
GANIZATIONAL CAMPS. 
(a) LAND USE FEE.—
(1) PERCENTAGE OF LAND VALUE.—The Sec-
retary shall charge an annual land use fee for each 
organizational camp for its occupancy and use of 
National Forest System lands equal to five percent 
of the product of the following: 
(A) The total number of acres of National 
Forest System lands authorized for the organi-
zational camp. 
(B) The estimated per-acre market value 
of land and buildings in the county where the 
camp is located, as reported in the most recent 
Census of Agriculture conducted by the Na-
tional Agricultural Statistics Service.
(2) ANNUAL ADJUSTMENT.—The land use fee 
determined under paragraph (1) for an organiza-
tional camp shall be adjusted annually by the annual 
compounded rate of change between the two most 
recent Censuses of Agriculture. 
(3) REDUCTION IN FEES.—
(A) BASED ON TYPE OF PARTICIPANTS.—
The Secretary shall reduce the land use fee de-
termined under paragraph (1) for an organiza-
tional camp if the organizational camp is at-
tended by individuals with a disability or chil-
dren at risk. The amount of the reduction for 
a year shall bear the same ratio to the land use 
fee determined under paragraph (1) for the or-
ganizational camp as the total number of indi-
viduals with a disability and children at risk 
who attend the organizational camp bears to 
the total number of individuals who attend the 
organizational camp for the year. 
(B) BASED
ON
TYPE
OF
PROGRAMS.—
After making the reduction required by sub-
paragraph (A), the Secretary shall also reduce 
the land use fee determined under paragraph 
(1) for an organizational camp if the organiza-
tional camp provides youth programs for indi-
viduals attending the camp consisting of orga-
nized and supervised social, citizenship, char-
acter-building, or faith-based activities oriented 
to outdoor-recreation experiences. The amount 
of the reduction for a year shall be equal to 60 
percent of the land use fee determined under 
paragraph (1), as adjusted under subparagraph 
(A). 
(C) RELATION
TO
MINIMUM
FEE.—Not-
withstanding subparagraphs (A) and (B), the 
reductions made under this paragraph may not 
reduce the land use fee for an organizational 
camp below the minimum land use fee required 
to be charged under paragraph (4). 
(D) SPECIAL CONSIDERATIONS.—For pur-
poses of determining the amount of the land 
use fee reduction required under subparagraph 
(A) or (B), the Secretary may not take into 
consideration the existence of sponsorships or 
scholarships to assist individuals in attending 
the organizational camp. 
(4) MINIMUM LAND USE FEE.—The Secretary 
shall charge a minimum land use fee under para-
graph (1) that represents, on average, the Sec-
retary’s cost annually to administer an organiza-
tional camp special use authorization in the National 
Forest Region in which the organizational camp is 
located. Notwithstanding paragraph (3) or sub-
section (d), the minimum land use fee shall not be 
subject to a reduction or waiver. 
(b) FACILITY USE FEE.—
(1) PERCENTAGE OF FACILITIES VALUE.—If an 
organizational camp uses a Government-owned facil-
ity on National Forest System lands pursuant to 
section 7 of the Act of April 24, 1950 (commonly 
known as the Granger-Thye Act; 16 U.S.C. 580d), 
the Secretary shall charge, in addition to the land 
use fee imposed under subsection (a), a facility use 
fee equal to five percent of the value of the author-
ized facilities, as determined by the Secretary. 
(2) REDUCTION
IN
FEES
PROHIBITED.—Not-
withstanding subsection (d), the facility use fees de-
termined under paragraph (1) shall not be subject to 
a reduction or waiver. 
(c) FEE RELATED TO RECEIPT OF OTHER REVE-
NUES.— If an organizational camp derives revenue from 
the use of National Forest System lands or authorized fa-
cilities described in subsection (b) for purposes other than 
to introduce young people or individuals with a disability 
to activities that they may not otherwise experience and
to educate them on natural resource issues, the Secretary 
shall charge, in addition to the land use fee imposed under 
subsection (a) and the facility use fee imposed under sub-
section (b), an additional fee equal to five percent of that 
revenue. 
(d) WORK-IN-LIEU
PROGRAM.—Subject to sub-
sections (a)(4) and (b)(2), section 3 of the Federal Timber 
Contract Payment Modification Act (16 U.S.C. 539f) shall 
apply to the use fees imposed under this section. 
SEC. 4. IMPLEMENTATION. 
(a) PROMPT IMPLEMENTATION.—The Secretary shall 
issue direction regarding implementation of this Act by in-
terim directive within 180 days after the date of the enact-
ment of this Act. The Secretary shall implement this Act 
beginning with the first billing cycle for organizational 
camp special use authorizations occurring more than 180 
days after the date of the enactment of this Act. 
(b) PHASE-IN OF USE FEE INCREASES.—In issuing 
any direction regarding implementation of this Act under 
subsection (a), the Secretary shall consider whether to 
phase-in any significant increases in annual land or facil-
ity use fees for organizational camps. 
SEC. 5. RELATIONSHIP TO OTHER LAWS. 
Except as specifically provided by this Act, nothing 
in this Act supersedes or otherwise affects any provision
of law, regulation, or policy regarding the issuance or ad-
ministration of authorizations for organizational camps re-
garding the occupancy and use of National Forest System 
lands. 
SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES. 
(a) DEPOSIT AND AVAILABILITY.—Unless subject to 
section 7 of the Act of April 24, 1950 (commonly known 
as the Granger-Thye Act; 16 U.S.C. 580d), use fees col-
lected by the Secretary under this Act shall be deposited 
in a special account in the Treasury and shall remain 
available to the Secretary for expenditure, without further 
appropriation until expended, for the purposes described 
in subsection (c). 
(b) TRANSFER.—Upon request of the Secretary, the 
Secretary of the Treasury shall transfer to the Secretary 
from the special account such amounts as the Secretary 
may request. The Secretary shall accept and use such 
amounts in accordance with subsection (c). 
(c) USE.—Use fees deposited pursuant to subsection 
(a) and transferred to the Secretary under subsection (b) 
shall be expended for monitoring of Forest Service special 
use authorizations, administration of the Forest Service’s 
special program, interpretive programs, environmental 
analysis, environmental restoration, and similar purposes.
SEC. 7. MINISTERIAL ISSUANCE OR AMENDMENT AUTHOR-
IZATION. 
(a) NEPA EXCEPTION.—The ministerial issuance or 
amendment of an organizational camp special use author-
ization shall not be subject to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) RULE OF CONSTRUCTION.—For purposes of sub-
section (a), the ministerial issuance or amendment of an 
authorization occurs only when the issuance or amend-
ment of the authorization would not change the physical 
environment or the activities, facilities, or program of the 
operations governed by the authorization, and at least one 
of the following apply: 
(1) The authorization is issued upon a change 
in control of the holder of an existing authorization. 
(2) The holder, upon expiration of an author-
ization, is issued a new authorization. 
(3) The authorization is amended—
(A) to effectuate administrative changes, 
such as modification of the land use fee or con-
version to a new special use authorization form; 
or 
(B) to include nondiscretionary environ-
mental standards or to conform with current 
law.
Æ
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings, purpose, and definitions. 
Sec. 3. Fees for occupancy and use of National Forest System lands and facili-
ties by organizational camps. 
Sec. 4. Implementation. 
Sec. 5. Relationship to other laws. 
Sec. 6. Deposit and expenditure of use fees. 
Sec. 7. Ministerial issuance or amendment authorization.
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Organizational camps, such as those admin-
istered by the Boy Scouts, Girl Scouts, and faith-
based and community-based organizations, provide a 
valuable service to young people, individuals with a 
disability, and their families by promoting physical, 
mental, and spiritual health through activities con-
ducted in a natural environment. 
(2) The 192,000,0000 acres of national forests 
and grasslands of the National Forest System man-
aged for multiple uses by the Forest Service provides 
an ideal setting for such organizational camps. 
(3) The Federal Government should charge 
land use fees for the occupancy and use of National 
Forest System lands by such organizational camps 
that, while based on the fair market value of the 
land in use, also recognize the benefits provided to 
society by such organizational camps, do not pre-
clude the ability of such organizational camps from 
utilizing these lands, and permit capital investment 
in, and maintenance of, camp facilities by such orga-
nizational camps or their sponsoring organizations. 
(4) Organizational camps should—
(A) ensure that their facilities meet appli-
cable building and safety codes, including fire 
and health codes; 
(B) have annual inspections as required by 
local law, including at a minimum inspections 
for fire and food safety; and 
(C) have in place safety plans that address 
fire and medical emergencies and encounters 
with wildlife. 
(b) PURPOSE.—It is the purpose of this Act to estab-
lish a land use fee system that provides for an equitable 
return to the Federal Government for the occupancy and 
use of National Forest System lands by organizational 
camps that serve young people or individuals with a dis-
ability. 
(c) DEFINITIONS.—In this Act: 
(1) The term ‘‘organizational camp’’ means a 
public or semi-public camp that—
(A) is developed on National Forest Sys-
tem lands by a nonprofit organization or gov-
ernmental entity; 
(B) provides a valuable service to the pub-
lic by using such lands as a setting to introduce 
young people or individuals with a disability to 
activities that they may not otherwise experi-
ence and to educate them on natural resource 
issues; and 
(C) does not have as its primary purpose 
raising revenue through commercial activities. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the For-
est Service. 
(3) The term ‘‘individual with a disability’’ has 
the meaning given the term in section 7 of the Reha-
bilitation Act of 1973 (29 U.S.C. 705). 
(4) The term ‘‘children at risk’’ means children 
who are raised in poverty or in single-parent homes 
or are subject to such circumstances as parental 
drug abuse, homelessness, or child abuse. 
(5) The term ‘‘change in control’’ means—
(A) in the case of a corporation, the sale 
or transfer of a controlling interest in the cor-
poration;
(B) in the case of a partnership or limited 
liability company, the sale or transfer of a con-
trolling interest in the partnership or limited li-
ability company; and 
(C) in the case of an individual, the sale or 
transfer or an organizational camp to another 
party. 
SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOR-
EST SYSTEM LANDS AND FACILITIES BY OR-
GANIZATIONAL CAMPS. 
(a) LAND USE FEE.—
(1) PERCENTAGE OF LAND VALUE.—The Sec-
retary shall charge an annual land use fee for each 
organizational camp for its occupancy and use of 
National Forest System lands equal to five percent 
of the product of the following: 
(A) The total number of acres of National 
Forest System lands authorized for the organi-
zational camp. 
(B) The estimated per-acre market value 
of land and buildings in the county where the 
camp is located, as reported in the most recent 
Census of Agriculture conducted by the Na-
tional Agricultural Statistics Service.
(2) ANNUAL ADJUSTMENT.—The land use fee 
determined under paragraph (1) for an organiza-
tional camp shall be adjusted annually by the annual 
compounded rate of change between the two most 
recent Censuses of Agriculture. 
(3) REDUCTION IN FEES.—
(A) BASED ON TYPE OF PARTICIPANTS.—
The Secretary shall reduce the land use fee de-
termined under paragraph (1) for an organiza-
tional camp if the organizational camp is at-
tended by individuals with a disability or chil-
dren at risk. The amount of the reduction for 
a year shall bear the same ratio to the land use 
fee determined under paragraph (1) for the or-
ganizational camp as the total number of indi-
viduals with a disability and children at risk 
who attend the organizational camp bears to 
the total number of individuals who attend the 
organizational camp for the year. 
(B) BASED
ON
TYPE
OF
PROGRAMS.—
After making the reduction required by sub-
paragraph (A), the Secretary shall also reduce 
the land use fee determined under paragraph 
(1) for an organizational camp if the organiza-
tion camp provides youth programs for individ-
uals attending the camp consisting of organized 
and supervised social, citizenship, character-
building, or faith-based activities oriented to 
outdoor-recreation experiences. The amount of 
the reduction for a year shall be equal to 60 
percent of the land use fee determined under 
paragraph (1), as adjusted under subparagraph 
(A). 
(C) RELATION
TO
MINIMUM
FEE.—Not-
withstanding subparagraphs (A) and (B), the 
reductions made under this paragraph may not 
reduce the land use fee for an organizational 
camp below the minimum land use fee required 
to be charged under paragraph (4). 
(D) SPECIAL CONSIDERATIONS.—For pur-
poses of determining the amount of the land 
use fee reduction required under subparagraph 
(A) or (B), the Secretary may not take into 
consideration the existence of sponsorships or 
scholarships to assist individuals in attending 
the organizational camp. 
(4) MINIMUM LAND USE FEE.—The Secretary 
shall charge a minimum land use fee under para-
graph (1) that represents, on average, the Sec-
retary’s cost annually to administer an organiza-
tional camp special use authorization in the National 
Forest Region in which the organizational camp is 
located. Notwithstanding paragraph (3) or sub-
section (d), the minimum land use fee shall not be 
subject to a reduction or waiver. 
(b) FACILITY USE FEE.—
(1) PERCENTAGE OF FACILITIES VALUE.—If an 
organizational camp uses a Government-owned facil-
ity on National Forest System lands pursuant to 
section 7 of the Act of April 24, 1950 (commonly 
known as the Granger-Thye Act; 16 U.S.C. 580d), 
the Secretary shall charge, in addition to the land 
use fee imposed under subsection (a), a facility use 
fee equal to five percent of the value of the author-
ized facilities, as determined by the Secretary. 
(2) REDUCTION
IN
FEES
PROHIBITED.—Not-
withstanding subsection (d), the facility use fees de-
termined under paragraph (1) shall not be subject to 
a reduction or waiver. 
(c) FEE RELATED TO RECEIPT OF OTHER REVE-
NUES.— If an organizational camp derives revenue from 
the use of National Forest System lands or authorized fa-
cilities described in subsection (b) for purposes other than 
to introduce young people or individuals with a disability 
to activities that they may not otherwise experience and
to educate them on natural resource issues, the Secretary 
shall charge, in addition to the land use fee imposed under 
subsection (a) and the facility use fee imposed under sub-
section (b), an additional fee equal to five percent of that 
revenue. 
(d) WORK-IN-LIEU
PROGRAM.—Subject to sub-
sections (a)(4) and (b)(2), section 3 of the Federal Timber 
Contract Payment Modification Act (16 U.S.C. 539f) shall 
apply to the use fees imposed under this section. 
SEC. 4. IMPLEMENTATION. 
(a) PROMPT IMPLEMENTATION.—The Secretary shall 
issue direction regarding implementation of this Act by in-
terim directive within 180 days after the date of the enact-
ment of this Act. The Secretary shall implement this Act 
beginning with the first billing cycle for organizational 
camp special use authorizations occurring more than 180 
days after the date of the enactment of this Act. 
(b) PHASE-IN OF USE FEE INCREASES.—In issuing 
any direction regarding implementation of this Act under 
subsection (a), the Secretary shall consider whether to 
phase-in any significant increases in annual land or facil-
ity use fees for organizational camps. 
SEC. 5. RELATIONSHIP TO OTHER LAWS. 
Except as specifically provided by this Act, nothing 
in this Act supersedes or otherwise affects any provision
of law, regulation, or policy regarding the issuance or ad-
ministration of authorizations for organizational camps re-
garding the occupancy and use of National Forest System 
lands. 
SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES. 
(a) DEPOSIT AND AVAILABILITY.—Unless subject to 
section 7 of the Act of April 24, 1950 (commonly known 
as the Granger-Thye Act; 16 U.S.C. 580d), use fees col-
lected by the Secretary under this Act shall be deposited 
in a special account in the Treasury and shall remain 
available to the Secretary for expenditure, without further 
appropriation until expended, for the purposes described 
in subsection (c). 
(b) TRANSFER.—Upon request of the Secretary, the 
Secretary of the Treasury shall transfer to the Secretary 
from the special account such amounts as the Secretary 
may request. The Secretary shall accept and use such 
amounts in accordance with subsection (c). 
(c) USE.—Use fees deposited pursuant to subsection 
(a) and transferred to the Secretary under subsection (b) 
shall be expended for monitoring of Forest Service special 
use authorizations, administration of the Forest Service’s 
special program, interpretive programs, environmental 
analysis, environmental restoration, and similar purposes.
SEC. 7. MINISTERIAL ISSUANCE OR AMENDMENT AUTHOR-
IZATION. 
(a) NEPA EXCEPTION.—The ministerial issuance or 
amendment of an organizational camp special use author-
ization shall not be subject to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) RULE OF CONSTRUCTION.—For purposes of sub-
section (a), the ministerial issuance or amendment of an 
authorization occurs only when the issuance or amend-
ment of the authorization would not change the physical 
environment or the activities, facilities, or program of the 
operations governed by the authorization, and at least one 
of the following apply: 
(1) The authorization is issued upon a change 
in control of the holder of an existing authorization. 
(2) The holder, upon expiration of an author-
ization, is issued a new authorization. 
(3) The authorization is amended—
(A) to effectuate administrative changes, 
such as modification of the land use fee or con-
version to a new special use authorization form; 
or 
(B) to include nondiscretionary environ-
mental standards or to conform with current 
law.
Æ