I 
109TH CONGRESS 
1ST SESSION H. R. 4084 
To amend the Forest Service use and occupancy permit program to restore 
the authority of the Secretary of Agriculture to utilize the special use 
permit fees collected by the Secretary in connection with the establish-
ment and operation of marinas in units of the National Forest System 
derived from the public domain, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Mr. HERGER introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committee on Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend the Forest Service use and occupancy permit 
program to restore the authority of the Secretary of 
Agriculture to utilize the special use permit fees collected 
by the Secretary in connection with the establishment 
and operation of marinas in units of the National Forest 
System derived from the public domain, 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. RETENTION AND USE OF FOREST SERVICE MA-
RINA PERMIT FEES FROM NATIONAL FOREST 
SYSTEM UNITS DERIVED FROM THE PUBLIC 
DOMAIN. 
The last paragraph under the heading ‘‘FOREST 
SERVICE’’ in the Act of March 4, 1915 (16 U.S.C. 497), 
is amended— 
(1) by striking ‘‘The Secretary of Agriculture’’ 
and inserting the following: 
‘‘(A) PERMITS FOR USE AND OCCUPANCY OF NA-
TIONAL FOREST SYSTEM LANDS.—The Secretary of Agri-
culture’’; 
(2) by striking ‘‘The authority’’ and inserting 
the following: 
‘‘(B) LIMITATION ON USE OF PERMITS.—The au-
thority’’; and 
(3) by adding at the end the following: 
‘‘(C) SPECIAL RULES REGARDING MARINA PER-
MITS.—Amounts collected in connection with the issuance 
of a special use permit under this paragraph for a marina 
at a unit of the National Forest System derived from the 
public domain shall be deposited in an existing special ac-
count in the Treasury established for the Secretary of Ag-
riculture for recreation management purposes. Amounts 
so deposited shall be available to the Secretary of Agri-
culture, until expended and without further appropriation,
for repair, maintenance, and facility enhancement related 
directly to visitor enjoyment, visitor access, and health and 
safety, for interpretation, visitor information, visitor serv-
ice, visitor needs assessments, and signs, for habitat res-
toration directly related to wildlife-dependent recreation 
that is limited to hunting, fishing, wildlife observation, or 
photography, for law enforcement related to public use 
and recreation, and for direct operating or capital costs 
associated with the issuance of such special use permits, 
including any fee management agreement or reservation 
service used in the issuance of such permits. The Sec-
retary may not use such amounts for biological monitoring 
for listed or candidate species under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.). Not less than 
80 percent of the permit fees collected at a specific unit 
of the National Forest System shall be expended for that 
unit, but the Secretary may transfer up to 20 percent of 
such fees to appropriations available to enhance recreation 
opportunities at other units of the National Forest Sys-
tem.’’. 
Æ