IB
Union Calendar No. 403
104TH CONGRESS
2D SESSION
H. R. 2107
[Report No. 104–757]
To amend the Land and Water Conservation Fund Act of 1965 to improve
the quality of visitor services provided by Federal land management
agencies through an incentive-based recreation fee program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 1995
Mr. HANSEN introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 4, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 25, 1995]
A BILL
To amend the Land and Water Conservation Fund Act of
1965 to improve the quality of visitor services provided
by Federal land management agencies through an incen-
tive-based recreation fee program, and for other pur-
poses.
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 ‘‘Visitor Services Im-
provement and Outdoor Legacy Act of 1996’’.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the overall qual-
ity of the visitor recreation experience on Federal lands
through increased funding provided by an innovative and
incentive-based recreation fee program combined with an
appropriation targeted to meet the increasing demand for
recreational use of the Federal lands.
SEC. 3. REPEAL OF EXISTING RECREATION FEE PROGRAM
AND ESTABLISHMENT OF NEW RECREATION
FEE PROGRAM.
Section 4 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–6a) is amended to read as fol-
lows:
‘‘RECREATION FEE PROGRAM
‘‘SEC. 4. (a) PROGRAM GOALS AND POLICIES.—
‘‘(1) CONGRESSIONAL GOALS.—It is the policy of
Congress that the Federal land management agencies
develop and implement high quality recreation pro-
grams adequate to meet the needs of the American
people and to fund a portion of the cost of providing
recreation services through recreation fees.
‘‘(2) ADMINISTRATIVE
POLICIES.—The admin-
istering Secretaries shall jointly issue an integrated
policy for the establishment and collection of recre-
ation fees under this section. Such policy shall—
‘‘(A) permit flexibility with regard to the
amounts charged;
‘‘(B) provide for maximization of the num-
ber of persons who pay fees to ensure that fees
remain at the lowest possible level;
‘‘(C) provide that comparable fees be
charged by the several Federal agencies for simi-
lar services and facilities;
‘‘(D) provide for the establishment of fees in
a manner which is equitable among user groups
and which accounts for any other fees, such as
commercial tour fees and concession fees, which
are paid by user groups and used on Federal
lands for recreational purposes;
‘‘(E) define administrative overhead and
specify accounting procedures to ensure that ad-
ministrative overhead is not included in the cost
of visitor services provided;
‘‘(F) provide for a uniform procedure for
accounting for fees collected under this section;
and
‘‘(G) recognize the importance of the con-
venience of the public by avoiding fee programs
which are overly complex or which would require
the payment of numerous fees at a particular
area.
‘‘(b) DEFINITIONS.—For the purposes of this section:
‘‘(1) ADMINISTERING SECRETARIES.—The term
‘administering Secretaries’ means—
‘‘(A) the Secretary of Agriculture with re-
spect to the Forest Service; and
‘‘(B) the Secretary of the Interior with re-
spect to the National Park Service, Bureau of
Land Management, United States Fish and
Wildlife Service, and Bureau of Reclamation.
‘‘(2) AGENCY.—The term ‘agency’ means an
agency referred to in paragraph (1) (A), (B), or (C).
‘‘(3) AREA.—The term ‘area’ means an adminis-
trative area managed by an agency, such as a unit
of the National Park System, a national forest, a na-
tional wildlife refuge, and a project area with respect
to the Bureau of Reclamation, but does not include
Bureau of Reclamation areas managed by a non-Fed-
eral entity.
‘‘(4) AREA OF CONCENTRATED PUBLIC USE.—
The term ‘area of concentrated public use’ means an
area which—
‘‘(A) provides developed facilities or services
necessary to accommodate public use maintained
at Federal expense;
‘‘(B) contains at least one major visitor at-
traction, including (but not limited to) a lake,
river, historical or cultural site, or geologic fea-
ture; and
‘‘(C) provides public access such that admis-
sion fees can be cost-effectively collected.
‘‘(5) RECREATION FEES.—The term ‘recreation
fees’ means admission fees, recreation use fees, and
fees granted to Federal agencies from States whether
collected by agency personnel or others.
‘‘(6) ADMISSION
FEES.—The term ‘admission
fees’ means fees charged for entry into any area des-
ignated by the administering Secretary.
‘‘(7) RECREATION USE FEE.—The term ‘recre-
ation use fees’ means the charge for specialized recre-
ation services or facilities furnished at Federal Gov-
ernment expense, including (but not limited to)
campgrounds, boat ramps, and back country camping
by permit.
‘‘(8) VISITOR SERVICES.—The term ‘visitor serv-
ices’ means services and costs directly associated with
management of recreation visitors to Federal lands,
including (but not limited to) such programs as
maintenance of facilities which serve primarily visi-
tor recreation use (such as campgrounds, scenic roads,
trails, visitor centers and picnic areas), public infor-
mation and interpretation, resource protection di-
rectly related to public use (such as stream improve-
ment to improve fishing or mitigation of impacts to
resources resulting from visitor use), and other activi-
ties of personnel assigned predominantly to manage-
ment of visitors or public safety programs, but not in-
cluding costs of regional and Washington head-
quarters offices or any administrative services such as
personnel, budget and finance, and procurement.
‘‘(9) PRE-1996
AUTHORIZED
RECREATION
RE-
CEIPTS.—The term ‘pre-1996 authorized recreation
receipts’ means the receipts that would have been re-
ceived for a fiscal year from fees collected under sec-
tion 4 of the Land and Water Conservation Fund Act
of 1965 as such section was in effect on the day before
the date of the enactment of the Visitor Services Im-
provement and Outdoor Legacy Act of 1996.
‘‘(10) CONCESSION FEES.—The term ‘concession
fees’ means fees paid to the United States pursuant
to provisions of law other than this section for the
privilege of providing concession services, fees paid for
the lease of government-owned facilities, and amounts
paid for construction of visitor facilities.
‘‘(c) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—In order to improve the
quality of the visitor experience on Federal lands, the
administering Secretaries shall establish and imple-
ment a fee program in accordance with this section
which provides for partial recovery of the costs of visi-
tor services provided through admission fees, recre-
ation use fees, and concession fees. In carrying out
such program, the administering Secretaries are au-
thorized and directed to collect admission fees in ac-
cordance with this section at areas administered by
the National Park Service and areas of concentrated
public use. In addition, the administering Secretaries
shall collect recreation use fees at areas under their
administration.
‘‘(2) FACTORS IN ESTABLISHING AND ADJUSTING
AMOUNT OF FEES.—(A) All fees established pursuant
to this section shall be fair and equitable, taking into
consideration the direct and indirect cost to the Fed-
eral Government, the benefits to the recipient, the
public policy or interest served, the comparable recre-
ation fees charged by other public and private enti-
ties, the economic and administrative feasibility of fee
collection, convenience to the recreation user, and
other pertinent factors.
‘‘(B) Any adjustments in fees shall take into ac-
count the factors specified in subparagraph (A).
‘‘(3) PUBLIC COMMENT AND FEDERAL REGISTER
NOTICE
ON
ADMISSION
AND
COMMERCIAL
TOUR
FEES.—(A) In the case of public admission fees, the
administering Secretaries shall publish in the Federal
Register, for a 30-day comment period, a proposed
schedule of all changes to such fees not later than six
months prior to such fee changes.
‘‘(B) In the case of changes to commercial tour
fees or initiating a new commercial tour fee, the ad-
ministering Secretaries shall publish in the Federal
Register—
‘‘(i)(I) for a 30-day comment period, a pro-
posed schedule of all significant changes in such
fees not later than 14 months prior to such fee
change or initiation; and
‘‘(II) a final schedule not later than 12
months prior to such fee change or initiation;
and
‘‘(ii) a schedule of all changes (other than
those subject to clause (i)), in such fees not later
than six months prior to such fee changes.
‘‘(4) CONTINUATION OF FEE AUTHORITY.—Until
an admission or commercial tour fee is initiated and
in effect under this section, the admission or commer-
cial tour fee at an area administered by the agencies
shall be determined in accordance with the applicable
laws in effect on the day before the date of enactment
of the Visitor Services Improvement and Outdoor Leg-
acy Act of 1996.
‘‘(5) NOTICE OF FEES.—Clear notice that a fee
has been established pursuant to this section, and the
amount thereof, shall be prominently posted at appro-
priate locations in each area and shall be included in
agency publications distributed with respect to such
areas.
‘‘(6) TARGET RECREATION REVENUE GOALS.—
Effective for the fifth fiscal year beginning after the
enactment of this section, the administering Secretary
shall develop annually a target recreation revenue
goal for each area administered by the Secretary
which reflects the estimated ability for such area to
collect recreation fees. The administering Secretary
shall develop that target based on historical data, pro-
jected visitation, and such other data as are available
to the Secretary.
‘‘(7) FEE COLLECTION PERSONNEL.—Personnel
exclusively assigned to fee collection duties, which are
over and above the number of such personnel assigned
exclusively to fee collection duties on the day prior to
enactment of this Act, shall not be counted against
any full-time equivalent ceiling established for that
agency.
‘‘(d) RECREATION FEES.—
‘‘(1) SINGLE ADMISSION VISITS.—Reasonable ad-
mission fees for a single visit to any designated area
shall be established by the administering Secretary. A
‘single visit’ means a more or less continuous stay
within a designated area. Payment of a single visit
admission fee shall authorize exits from and reentries
to a single designated area for a period of from one
to fifteen days, such period to be defined for each des-
ignated area by the administering Secretary based
upon a determination of the period of time reasonably
and ordinarily necessary for such a single visit. The
single visit entrance fee for private parties and com-
mercial tours shall be set by the administering Sec-
retaries and may be adjusted, taking into account the
factors specified in subsection (c)(2). The Secretaries
shall ensure that where appropriate the admission fee
schedule developed provides economic incentives for
use of alternative modes of transportation, including
mass transportation, at areas experiencing high levels
of automobile traffic. The administering Secretaries
are authorized to implement admission fee practices
which vary by day of the week, season, expedite entry
and reduce congestion.
‘‘(2) ANNUAL
ADMISSION
PERMITS: 
GOLDEN
EAGLE PASSPORT.—
(A) GOLDEN
EAGLE
PASSPORT.—For ad-
mission into any area at which admission fees
are charged pursuant to this section, an admis-
sion permit, to be known as the ‘Golden Eagle
Passport’, valid for a 12-month period, shall be
available. The fee for the passport shall be set
jointly by the administering Secretaries, taking
into account the factors specified in subsection
(c)(2). The permittee and all persons accom-
panying the permittee in a single, private, non-
commercial vehicle or, alternatively, the permit-
tee and the permittee’s spouse, children, and par-
‘‘(3) ANNUAL
GEOGRAPHIC
ADMISSION
PER-
MITS.—For admission into a specific designated area
or into several specific areas located in a particular
geographic region at which admission fees are charged
pursuant to this section, the administering Secretary
or Secretaries are authorized to make available an
annual admission permit. The permit shall convey
the privileges of, and shall be subject to the same
terms and conditions as, the Golden Eagle Passport,
except that it shall be valid only for admission into
the specific area or areas indicated at the time of
purchase.
‘‘(4) GOLDEN ACCESS PASSPORT.—The Secretary
of the Interior and the Secretary of Agriculture shall
establish procedures providing for the issuance of a
lifetime admission permit to any citizen of, or person
legally domiciled in, the United States, if such citizen
or person applies for such permit and is permanently
disabled. Such procedures shall ensure that a lifetime
admission permit shall be issued only to persons who
have been medically determined to be permanently
disabled. A lifetime admission permit shall be non-
transferable, shall be issued without charge, and shall
entitle the permittee and one accompanying individ-
ual to general admission into any area designated