I
107TH CONGRESS
2D SESSION
H. R. 5316
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
SEPTEMBER 4, 2002
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.
This Act may be cited as the ‘‘National Forest Orga-
nizational Camp Fee Improvement Act of 2002’’.
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 semipublic 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(20) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)).
(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) for a corporation, the sale or transfer
of a controlling interest in the corporation;
(B) for a partnership or limited liability
company, the sale or transfer of a controlling
interest in the partnership or limited liability
company; and
(C) for an individual, the sale or transfer
or an organizational camp subject to this Act 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) TYPE
OF
PARTICIPANTS.—The Sec-
retary shall reduce the land use fee determined
under paragraph (1) proportionate to the num-
ber of individuals with a disability and children
at risk who annually attend the organizational
camp.
(B) TYPE OF PROGRAMS.—After making
the reduction required by subparagraph (A),
the Secretary shall reduce the remaining land
use fee amount by up to 60 percent, propor-
tionate to the number of persons who annually
attend the organizational camp who participate
in youth programs through organized and su-
pervised social, citizenship, character-building,
or faith-based activities oriented to outdoor-
recreation experiences.
(C) RELATION TO MINIMUM FEE.—The re-
ductions 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 persons 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