I
103D CONGRESS
2D SESSION
H. R. 5035
To authorize the Secretary of Agriculture to establish and collect recreation
use fees on a temporary basis in connection with the recreational use
of the Roosevelt Lake Recreation Area in the Tonto National Forest
in the State of Arizona.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 1994
Ms. ENGLISH of Arizona introduced the following bill; which was referred to
the Committee on Natural Resources
A BILL
To authorize the Secretary of Agriculture to establish and
collect recreation use fees on a temporary basis in con-
nection with the recreational use of the Roosevelt Lake
Recreation Area in the Tonto National Forest in the
State of Arizona.
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 ‘‘Roosevelt Lake Recre-
ation Area Fee Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Roosevelt Lake Recreation Area in the
Tonto National Forest in the State of Arizona is
changing as a result of drastically increasing popu-
lation in the communities near the recreation area
and modifications in Roosevelt Dam.
(2) The current annual funding of $300,000 for
the recreation area does not allow for even minimal
maintenance and operation of the newly emerging
$40,000,000 recreational area.
(3) The anticipated number of persons using
the facilities of the recreation area requires addi-
tional funding to provide minimum sanitary and
safety related service at the recreation area as well
as management of the environment and riparian
areas.
(4) The quality of services provided at the
recreation area and the integrity of the environment
could best be served by maintaining public, rather
than private, management of the recreation area.
(5) The users of units of the National Forest
System have demonstrated a willingness to pay a
user fee for maintenance and operation if the locally
collected funds are returned to the unit.
(b) PURPOSE.—It is the purpose of this Act to use
funds generated from fees charged in connection with the
recreational use of the Roosevelt Lake Recreational
Area—
(1) to assure adequate funding of maintenance
and operation of the recreation area;
(2) to provide additional funding to the county
in which the recreation area is located, enabling the
county to increase investment in facilities and serv-
ices related to public safety, sanitation, and the rec-
reational environment; and
(3) to allow increased funding for the protection
of the bald eagle nesting areas, the Canadian geese
wintering grounds, and the Roosevelt Lake wildlife
refuges at the recreation area.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) RECREATION AREA.—The term ‘‘recreation
area’’ means the Roosevelt Lake Recreation Area in
the Tonto National Forest in the State of Arizona.
(2) RECREATION SITE.—The term ‘‘recreation
site’’ means a campground, picnic ground, swimming
site, boat launch site, lake access site, or other man-
made or natural recreational facility in the recre-
ation area.
(3) RECREATION USE FEE; FEE.—The terms
‘‘recreation use fee’’ or ‘‘fee’’ mean a fee that is
charged for the use of a recreation site in the recre-
ation area.
(4) RECREATION USE PASS.—The term ‘‘recre-
ation use pass’’ means a document that entitles the
holder access and use of recreation sites in the recre-
ation area for a specified period of time.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION
USE FEES.
(a) RECREATION USE FEE AUTHORIZED.—Except as
provided in subsection (b), the Secretary may establish
and collect recreation use fees at designated recreation
sites within the recreation area.
(b) EXCEPTIONS.—The Secretary may not impose or
collect a recreation use fee for the use or provision in the
recreation area, either singly or in any combination, of
drinking water, wayside exhibits, toilet facilities, general
purpose roads, overlook sites, or general information. The
Secretary may not impose or collect a fee from any officer
or employee of the Federal Government or State or local
government authorized by the Secretary to perform ad-
ministrative duties at recreation sites in the recreation
area.
(c) ESTABLISHMENT AND COLLECTION.—Establish-
ment and collection of recreation use fees shall be made
in accordance with subsections (d) and (e) of section 4
of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–6a). The Secretary may authorize the col-
lection of fees by volunteers in accordance with subsection
(k) of such section.
(d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS
PASSPORT.—Any person holding a valid Golden Age Pass-
port or Golden Access Passport issued under paragraph
(4) or (5) of section 4(a) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be
entitled upon presentation of such passport to use a recre-
ation site within the recreation area at a rate equal to
50 percent of the recreation use fee otherwise applicable
to such recreation site.
(e) EFFECT ON OTHER LAWS.—Recreation use fees
established under this section for use of recreation sites
in the recreation area shall be in lieu of any recreation
use fees for such recreation sites under section 4(b) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(b)) or section 1401 of the Omnibus Budg-
et Reconciliation Act of 1993 (16 U.S.C. 460l–6c).
SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION
USE PASSES.
(a) RECREATION USE PASS AUTHORIZED.—The Sec-
retary shall make available for purchase recreation use
passes for the use on a daily or annual basis of recreation
sites in the recreation area otherwise subject to a recre-
ation use fee. Use of an annual recreation use pass shall
be subject to any single stay time limits imposed on the
recreation site.
(b) AVAILABILITY.—The Secretary may have recre-
ation use passes available for sale at any recreation site
for which a recreation use fee is charged or at other con-
venient locations.
(c) USE OF PASS.—The recreation use pass shall
apply to—
(1) the pass holder and any person accompany-
ing the pass holder in a single, private, noncommer-
cial vehicle; or
(2) the pass holder and the spouse, children,
and parents of the pass holder accompanying the
pass holder where entry to a recreation site is by
any means other than a private, noncommercial
vehicle.
(d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS
PASSPORT.—Any person holding a valid Golden Age Pass-
port or Golden Access Passport issued under paragraph
(4) or (5) of section 4(a) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be
entitled upon presentation of such passport to purchase
of a recreation use pass for the recreation area at a rate
equal to 50 percent of the purchase price otherwise appli-
cable to the recreation use pass.
(e) RULES AND REGULATIONS, ENFORCEMENT POW-
ERS.—Recreation use passes sold under this section shall
be nontransferable. The unlawful use of a recreation use
pass shall be punishable in accordance with regulations es-
tablished under section 4(e) of the Land and Water Con-
servation Fund Act of 1964 (16 U.S.C. 460l–6a(e)).
SEC. 6. TERMINATION OF AUTHORITY.
(a) TERMINATION.—The authority of the Secretary
to establish or collect fees under section 4 or sell recre-
ation use passes under section 5 shall expire at the end
of the seven-year period beginning on the date of the en-
actment of this Act. Termination of such authority shall
not affect the validity of any annual recreation use pass
sold under section 5 before that date.
(b) REPORT.—Not later than six years after the date
of the enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Natural Resources and
the Committee on Agriculture of the House of Representa-
tives a report evaluating the authority provided by sections
4 and 5 regarding recreation use fees and recreation use
passes. The report shall include any recommendations of
the Secretary for modifying the authority, for extending
the authority beyond the date specified in subsection (a),
or for extending the authority to other units of the Na-
tional Forest System.
SEC. 7. DISPOSITION OF RECREATION USE FEES AND
FUNDS FROM SALES OF RECREATION USE
PASSES.
(a) DEPOSIT
OF FUNDS.—Notwithstanding para-
graphs (1), (2), or (3) of section 4(i) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a(i)), recreation use fees collected under section 4 and
amounts received from sales of recreation use passes
under section 5 shall be deposited in a special account in
the Treasury.
(b) USE OF FUNDS.—
(1) OPERATION, MAINTENANCE, AND
OTHER
USES.—In such amounts as are provided in advance
in appropriation Acts, the Secretary may use
amounts in the special account to provide supple-
mental funds for operation, maintenance, and man-
agement of recreation sites within the recreation
area, for interpretation and management of re-
sources in the recreation area, and for administra-
tive costs associated with such activities.
(2) PAYMENTS TO STATES AND COUNTIES.—
Recreation use fees collected under section 4 and
amounts received for recreation use passes sold
under section 5 shall be considered as money re-
ceived for purpose of computing and distributing
payments to States and counties pursuant to the Act
of May 23, 1908 (16 U.S.C. 500).
(c) ROADS AND TRAILS.—Recreation use fees col-
lected under section 4 and amounts received for recreation
use passes sold under section 5 shall not be considered
as money received for purpose of the fourteenth paragraph
under the heading ‘‘FOREST SERVICE’’ of the Act of March
4, 1913 (16 U.S.C. 501).
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