H. R. 4818—579
(2) REGIONAL MULTIENTITY PASS AGREEMENT.—In order to
establish a regional multientity pass under this subsection,
the Secretary shall enter into a regional multientity pass agree-
ment with all the participating agencies or entities on price,
the distribution of revenues between participating agencies or
entities, the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The Sec-
retary shall take into consideration all relevant visitor and
sales data available when entering into this agreement.
(e) DISCOUNTED OR FREE ADMISSION DAYS OR USE.—The Sec-
retary may provide for a discounted or free admission day or use
of Federal recreational lands and waters.
(f) EFFECT ON EXISTING PASSPORTS AND PERMITS.—
(1) EXISTING PASSPORTS.—A passport issued under section
4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a) or title VI of the National Parks Omnibus
Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–
5995), such as the Golden Eagle Passport, the Golden Age
Passport, the Golden Access Passport, and the National Parks
Passport, that was valid on the day before the publication
of the Federal Register notice required under subsection (a)(3)
shall be valid in accordance with the terms agreed to at the
time of issuance of the passport, to the extent practicable,
and remain in effect until expired, lost, or stolen.
(2) PERMITS.—A permit issued under section 4 of the Land
and Water Conservation Fund Act of 1965 that was valid
on the day before the date of the enactment of this Act shall
be valid and remain in effect until expired, revoked, or sus-
pended.
SEC. 806. COOPERATIVE AGREEMENTS.
(a) FEE MANAGEMENT AGREEMENT.—Notwithstanding chapter
63 of title 31, United States Code, the Secretary may enter into
a fee management agreement, including a contract, which may
provide for a reasonable commission, reimbursement, or discount,
with the following entities for the following purposes:
(1) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining fee collection and processing services, including visitor
reservation services.
(2) With any governmental or nongovernmental entity,
including those in a gateway community, for the purpose of
obtaining emergency medical services.
(3) With any governmental entity, including those in a
gateway community, to obtain law enforcement services.
(b) REVENUE SHARING.—A State or legal subdivision of a State
that enters into an agreement with the Secretary under subsection
(a) may share in a percentage of the revenues collected at the
site in accordance with that fee management agreement.
(c) COUNTY PROPOSALS.—The Secretary shall consider any pro-
posal submitted by a county to provide services described in sub-
section (a). If the Secretary decides not to enter into a fee manage-
ment agreement with the county under subsection (a), the Secretary
shall notify the county in writing of the decision, identifying the
reasons for the decision. The fee management agreement may
include cooperative site planning and management provisions.
H. R. 4818—580
SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVE-
NUES.
(a) SPECIAL ACCOUNT.—The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal land
management agency.
(b) DEPOSITS.—Subject to subsections (c), (d), and (e), revenues
collected by each Federal land management agency under this
Act shall—
(1) be deposited in its special account; and
(2) remain available for expenditure, without further appro-
priation, until expended.
(c) DISTRIBUTION
OF
RECREATION
FEES
AND
SINGLE-SITE
AGENCY PASS REVENUES.—
(1) LOCAL DISTRIBUTION OF FUNDS.—
(A) RETENTION OF REVENUES.—Not less than 80 per-
cent of the recreation fees and site-specific agency pass
revenues collected at a specific unit or area of a Federal
land management agency shall remain available for
expenditure, without further appropriation, until expended
at that unit or area.
(B) REDUCTION.—The Secretary may reduce the
percentage allocation otherwise applicable under subpara-
graph (A) to a unit or area of a Federal land management
agency, but not below 60 percent, for a fiscal year if the
Secretary determines that the revenues collected at the
unit or area exceed the reasonable needs of the unit or
area for which expenditures may be made for that fiscal
year.
(2) AGENCY-WIDE
DISTRIBUTION
OF
FUNDS.—The balance
of the recreation fees and site-specific agency pass revenues
collected at a specific unit or area of a Federal land manage-
ment and not distributed in accordance with paragraph (1)
shall remain available to that Federal land management agency
for expenditure on an agency-wide basis, without further appro-
priation, until expended.
(3) OTHER
AMOUNTS.—Other amounts collected at other
locations, including recreation fees collected by other entities
or for a reservation service, shall remain available, without
further appropriation, until expended in accordance with guide-
lines established by the Secretary.
(d) DISTRIBUTION
OF NATIONAL PARKS
AND FEDERAL REC-
REATIONAL LANDS PASS REVENUES.—Revenues collected from the
sale of the National Parks and Federal Recreational Lands Pass
shall be deposited in the special accounts established for the Federal
land management agencies in accordance with the guidelines issued
under section 5(a)(7).
(e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS REVENUES.—
Revenues collected from the sale of a regional multientity pass
authorized under section 5(d) shall be deposited in each partici-
pating Federal land management agency’s special account in accord-
ance with the terms of the region multientity pass agreement
for the regional multientity pass.
SEC. 808. EXPENDITURES.
(a) USE OF FEES AT SPECIFIC SITE OR AREA.—Amounts available
for expenditure at a specific site or area—
H. R. 4818—581
(1) shall be accounted for separately from the amounts
collected;
(2) may be distributed agency-wide; and
(3) shall be used only for—
(A) repair, maintenance, and facility enhancement
related directly to visitor enjoyment, visitor access, and
health and safety;
(B) interpretation, visitor information, visitor service,
visitor needs assessments, and signs;
(C) habitat restoration directly related to wildlife-
dependent recreation that is limited to hunting, fishing,
wildlife observation, or photography;
(D) law enforcement related to public use and recre-
ation;
(E) direct operating or capital costs associated with
the recreation fee program; and
(F) a fee management agreement established under
section 6(a) or a visitor reservation service.
(b) LIMITATION ON USE OF FEES.—The Secretary may not use
any recreation fees for biological monitoring on Federal recreational
lands and waters under the Endangered Species Act of 1973 for
listed or candidate species.
(c) ADMINISTRATION, OVERHEAD, AND INDIRECT COSTS.—The
Secretary may use not more than an average of 15 percent of
total revenues collected under this Act for administration, overhead,
and indirect costs related to the recreation fee program by that
Secretary.
(d) TRANSITIONAL
EXCEPTION.—Notwithstanding any other
provision of this Act, the Secretary may use amounts available
in the special account of a Federal land management agency to
supplement administration and marketing costs associated with—
(1) the National Parks and Federal Recreational Lands
Pass during the 5-year period beginning on the date the joint
guidelines are issued under section 5(a)(7); and
(2) a regional multientity pass authorized section 5(d)
during the 5-year period beginning on the date the regional
multientity pass agreement for that recreation pass takes effect.
SEC. 809. REPORTS.
Not later than May 1, 2006, and every 3 years thereafter,
the Secretary shall submit to Congress a report detailing the status
of the recreation fee program conducted for Federal recreational
lands and waters, including an evaluation of the recreation fee
program, examples of projects that were funded using such fees,
and future projects and programs for funding with fees, and con-
taining any recommendations for changes in the overall fee system.
SEC. 810. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate 10 years after the date of the enactment of this Act.
SEC. 811. VOLUNTEERS.
(a) AUTHORITY TO USE VOLUNTEERS.—The Secretary may use
volunteers, as appropriate, to collect recreation fees and sell recre-
ation passes.
(b) WAIVER
OR DISCOUNT
OF FEES; SITE-SPECIFIC AGENCY
PASS.—In exchange for volunteer services, the Secretary may waive
or discount an entrance fee, standard amenity recreation fee, or