[DOCID: f:sr350.110]
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Calendar No. 782
110th Congress Report
SENATE
2d Session 110-350
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VETERANS EAGLE PARKS PASS ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 617]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 617) to make the National Parks and
Federal Recreational Lands Pass available at a discount to
certain veterans, having considered the same, reports favorably
thereon with an amendment and an amendment to the title and
recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Land Military Pass Act''.
SEC. 2. NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS FOR ELIGIBLE
INDIVIDUALS.
Section 805(b) of division J of the Consolidated Appropriations Act,
2005 (16 U.S.C. 6804(b)), is amended by adding at the end the
following:
``(3) Cost to eligible individuals.--
``(A) In general.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass
available, at a cost of $10 (subject to the same rate
of increase as the regular cost of the National Parks
and Federal Recreational Lands Pass), to any individual
determined to be eligible under subparagraph (C).
``(B) Term.--A National Parks and Federal
Recreational Lands Pass issued under this paragraph
shall be valid for 1 year after the date of issuance of
the pass.
``(C) Proof of eligibility.--The Secretary, after
consultation with the Secretary of Veterans Affairs and
the Secretary of Defense, shall determine the
appropriate documentation that a veteran or an active
duty or reserve member of the United States Armed
Forces shall provide as proof that the veteran or
member is eligible for the discount available under
this paragraph.''.
2. Amend the title so as to read: ``A bill to make the
National Parks and Federal Recreational Lands Pass available at
a discount to military personnel.''.
Purpose
As ordered reported, the purpose of S. 617 is to require
the Secretary of the Interior to issue a discounted annual
``America the Beautiful: National Parks and Federal Lands
Pass'' to any active duty, reserve member, or veteran of the
U.S. Armed Forces, for an annual cost of $10.
Background and Need
The Federal Lands Recreation Enhancement Act (16 U.S.C.
6801 note) was enacted in 2004 and provides fee authority for
the Federal land management agencies. The Act establishes an
annual pass, known as the ``America the Beautiful--The National
Parks and Federal Recreational Lands Pass,'' which entitles the
holder to unlimited admission to Federal fee areas administered
by the Department of the Interior and the Forest Service. The
pass costs $80 for 2008, an increase from the $65 ``Golden
Eagle Passport'' it replaced.
In addition, the Federal Land Recreation Enhancement Act
authorizes two lifetime passes, both modeled on similar passes
under previous fee authorities. The first, known as the
``Senior Pass,'' which replaced the former ``Golden Age
Passport,'' provides lifetime admissions to fee areas for
persons age 62 and older for a one-time cost of $10. The
second, known as an ``Access Pass,'' replaced the former
``Golden Access Passport,'' and provides lifetime admission to
fee areas for persons with permanent disabilities, at no cost.
In recognition of their service to their country, S. 617
would authorize active duty, reserve members, and veterans of
the United States Armed Forces to receive the ``America the
Beautiful--The National Parks and Federal Recreational Lands
Pass'' for an annual fee of $10, a significant discount from
the $80 selling price. Veterans over the age of 62 are already
eligible for the ``Senior Pass.''
Legislative History
S. 617 was introduced by Senator Smith on February 15,
2007. The bill is cosponsored by Senators Domenici, Craig,
Landrieu, Cantwell, Isakson, Coleman, Burr, Hutchison, Salazar,
Wyden, Chambliss, Collins, Murkowski, Stevens, and Brown. A
similar bill, H.R. 5452, was introduced in the 109th Congress.
The Subcommittee on National Parks held a hearing on the bill
on July 12, 2007. (S. Hrg. 110-158.) At its business meeting on
May 7, 2008, the Committee on Energy and Natural Resources
ordered S. 617 favorably reported, with an amendment in the
nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 617, if amended as
described herein.
Committee Amendment
During its consideration of S. 617, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title. As introduced, S. 617 only provided a discounted
annual pass for veterans of the U.S. Armed Forces. The
substitute amendment expanded the class of eligible individuals
to include active duty and reserve members of the Armed Forces.
The amendment also authorizes the Secretary of the Interior, in
consultation with the Secretary of Defense and the Secretary of
Veterans Affairs, to determine the appropriate documentation
required as proof of eligibility. The amendment is explained in
detail in the section-by-section analysis, below.
Section-by-Section Analysis
Section 1 provides the short title, the ``Public Land
Military Pass Act''.
Section 2 amends the Federal Lands Recreation Enhancement
Act to require the Secretary of the Interior to make the
National Parks and Federal Recreational Lands Pass available at
an annual cost of $10, subject to periodic increases, to
veterans or active duty or reserve members of the United States
Armed Forces. The Secretary of the Interior, in consultation
with the Secretary of Defense and the Secretary of Veterans
Affairs, is authorized to determine the appropriate
documentation required as proof of eligibility.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 617--Public Land Military Pass Act
Summary: S. 617 would allow veterans, active-duty military
personnel, and reservists to purchase National Parks and
Federal Recreational Lands Passes for $10 a year. Such passes
currently sell for $80 and can be used for admission to (or use
of) recreation areas managed by the Department of the Interior
(DOI) or the Forest Service.
CBO estimates that enacting the bill would increase net
direct spending by a total of $20 million over the 2009-2018
period. Enacting S. 617 would not affect revenues. In addition,
CBO estimates that implementing S. 617 would result in
additional discretionary costs of about $20 million over the
2009-2018 period, assuming appropriation of the necessary
amounts.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no significant impact on the budgets of state,
local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 617 is shown in the following table. The
effects of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009-2013 2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Forgone Receipts from Fees:
Estimated Budget Authority.................... 25 25 25 25 25 25 25 25 25 25 125 250
Estimated Outlays............................. 25 25 25 25 25 25 25 25 25 25 125 250
Effect on Spending of Recreation Fees:
Estimated Budget Authority.................... -25 -25 -25 -25 -25 -25 -25 -25 -25 -25 -125 -250
Estimated Outlays............................. -11 -20 -24 -25 -25 -25 -25 -25 -25 -25 -105 -230
Net Change in Direct Spending:
Estimated Budget Authority.................... 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays............................. 14 5 1 0 0 0 0 0 0 0 20 20
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..................... 2 2 2 2 2 2 2 2 2 2 10 20
Estimated Outlays................................. 2 2 2 2 2 2 2 2 2 2 10 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of estimate: Under S. 617, eligible individuals would
be able to purchase a $10 annual pass that would entitle them
to admission to or use of recreation areas managed by DOI or
the Forest Service. Federal land management agencies such as
the National Park Service (NPS) and the Forest Service
currently charge $80 for such passes. The agencies also offer
site-specific annual passes, at prices ranging between $10 and
$50, as well as daily entrance or service rates, which can be
as much as $25 per vehicle. In total, those agencies collect
more than $250 million a year from recreation fees.
Providing annual passes to recreation areas at a discounted
rate would affect the federal budget. The magnitude of any
change in offsetting receipts (and associated spending) would
depend on several factors, including the number of eligible
individuals who currently visit federal recreation areas, the
types of fees (such as annual or per-visit), if any, that they
currently pay, and the number of individuals who would take
advantage of the discounted passes.
Assuming that the 14 million veterans and other eligible
individuals use federal recreation areas as often as the
general population of Americans, we estimate that about 1.4
million people would purchase the discounted pass rather than
buy other annual passes or pay daily fees. (The number of
eligible individuals using parks could increase as a result of
the rate discount, but CBO expects that the change would be
small.) As a result, we estimate that the net change in
offsetting receipts from recreation area fees would be a
reduction of about $250 million over the 2009-2018 period. Most
of the loss (about $20 million a year) would be incurred by the
NPS, primarily from reductions in daily fee collections.
Spending of recreation fees (which are available for
expenditure without further appropriation) also would fall as a
result of the bill, but more slowly than receipts, because some
of that spending generally lags fee collections by a year or
more. Based on typical spending patterns for recreation
projects, CBO estimates that direct spending from fees would
fall by about $230 million over the 2009-2018 period under the
bill. Thus, we estimate that enacting S. 617 would increase net
direct spending over the 10-year period by $20 million.
Based on information provided by the affected agencies, CBO
estimates that DOI and the Forest Service would spend about $2
million a year to administer the new pass program. That amount
would include annual costs to produce and ship the new passes
to recreation areas and up-front costs to establish standards
for eligibility.
Intergovernmental and private-sector impact: S. 617
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no significant impact on the
budgets of state, local, or tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: MarDestinee Perez.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 617. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 617, as ordered reported.
Congressionally Directed Spending
S. 617, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
July 12, 2007, Subcommittee hearing on S. 617 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 617, the Veterans
Eagle Parks Pass Act. The legislation would require the
Secretaries of the Interior and Agriculture to make the
National Parks and Federal Recreational Lands Pass available at
a cost of $10 to any veteran separated from military service
under conditions other than dishonorable.
In the 108th Congress, Congress enacted the Federal Lands
Recreation Enhancement Act (Public Law 108-447) (REA), a major
overhaul of the fee system that governs the National Park
System, the National Wildlife Refuge System, the National
Forest System, certain public lands administered by the Bureau
of Land Management, and recreational lands administered by the
Bureau of Reclamation.
Our federal lands provide Americans and visitors from
around the world special places for recreation, education,
reflection, and solace. Public lands and waters managed by the
Department of the Interior hosted over 470 million recreation
visits. Ensuring that the federal lands continue to play this
important role in American life and culture requires that we
maintain visitor facilities and services and enhance visitor
opportunities. Such efforts require a source of funding with
which we can quickly respond to increases in visitor demand.
Recreation fee revenues are a critical source of such
supplemental funding that significantly enhance our efforts to
address the deferred maintenance backlog at our National Parks,
better manage other federal lands, and respond quickly to
changes in visitation levels and service requirements.
REA established a new multi-agency America the Beautiful--
National Parks and Federal Recreational Lands Pass (the new
pass) to cover entrance fees for NPS and FWS and standard
amenity recreation fees for BLM, Forest Service, and BOR,
generally for a period of 12 months. Sales of the new passes
began in January 2007 after an extensive interagency planning
process. The new passes are more convenient to purchase, are
more durable, and are designed with a collectible image of
public lands. All new passes are now available to the public at
thousands of interagency field sites. Annual passes, brochures,
hangtags and decals also are available via the internet, by
calling a toll free phone number and through select third-party
vendors. Revenue from the sale of the new passes is used to
improve visitor services and protect resources.
As the Congress considered establishing the new pass,
discussion occurred about which groups of people might be
eligible for discounted passes. At one time, legislation was
introduced to provide free passes to all September 11, 2001
responders and their families. Other groups have also been
suggested as potential groups to be considered for discounts.
However, at that time, a decision was made ultimately by
Congress to offer a discounted pass to senior citizens and a
free lifetime pass to U.S. citizens or persons who permanently
reside in the United States and who have a medical
determination and documentation of blindness or permanent
disability, including disabled veterans. We agree with this
approach.
Veterans have made tremendous contributions to this
country, and we honor their service. Many National Park System
units, including all of the memorials within the District of
Columbia and the USS Arizona Memorial in Hawaii do not charge
fees as required by law. Many other parks and National Wildlife
Refuges, as well as most BLM and U.S. Forest Service locations
do not charge fees.
In 2006, in lieu of establishing a discount pass for
Veterans, the Department of the Interior established an
entrance fee-free day for all veterans and their accompanying
family members on Veterans Day each year. We would like to
extend the entrance fee-free day to all active duty military
personnel and their family members, effective November 11,
2007, and on each subsequent Veterans Day as an additional way
to recognize them and thank them for their service. We
understand the Secretary of Agriculture supports adopting this
same policy with regard to standard amenity recreation fee
sites managed by the U.S. Forest Service. We believe this is an
appropriate way to honor all those who have served and are
currently providing military service to our country without
creating a precedent for carving out exceptions to the Federal
Lands Recreation Enhancement Act, which was carefully developed
to provide a comprehensive approach to fee management.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 617 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 108-447
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2005, and
for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled
(Approved December 8, 2004)
* * * * * * *
SECTION 1. SHORT TITLE.
This act may be cited as the ``Consolidated Appropriations
Act, 2005''.
* * * * * * *
DIVISION E.--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
* * * * * * *
VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Federal
Lands Recreation Enhancement Act''.
* * * * * * *
SEC. 805. RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall
establish, and may charge a fee for, an interagency
national pass to be known as the ``America the
Beautiful--the National Parks and Federal Recreational
Lands Pass'', which shall cover the entrance fee and
standard amenity recreation fee for all Federal
recreational lands and waters for which an entrance fee
or a standard amenity recreation fee is charged.
(2) Image competition for recreation pass.--The
Secretaries shall hold an annual competition to select
the image to be used on the National Parks and Federal
Recreational Lands Pass for a year. The competition
shall be open to the public and used as a means to
educate the American people about Federal recreational
lands and waters.
(3) Notice of establishment.--The Secretaries shall
publish a notice in the Federal Register when the
National Parks and Federal Recreational Lands Pass is
first established and available for purchase.
(4) Duration.--The National Parks and Federal
Recreational Lands Pass shall be valid for a period of
12 months from the date of the issuance of the
recreation pass to a passholder, except in the case of
the age and disability discounted passes issued under
subsection (b).
(5) Price.--The Secretaries shall establish the price
at which the National Parks and Federal Recreational
Lands Pass will be sold to the public.
(6) Sales locations and marketing.--
(A) In general.--The Secretary shall sell the
National Parks and Federal Recreational Lands
Pass at all Federal recreational lands and
waters at which an entrance fee or a standard
amenity recreation fee is charged and at such
other locations as the Secretaries consider
appropriate and feasible.
(B) Use of vendors.--The Secretary may enter
into fee management agreements as provided in
section 6.
(C) Marketing.--The Secretaries shall take
such actions as are appropriate to provide for
the active marketing of the National Parks and
Federal Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries shall
issue guidelines on administration of the National
Parks and Federal Recreational Lands Pass, which shall
include agreement on price, the distribution of
revenues between the Federal land management agencies,
the sharing of costs, benefits provided, marketing and
design, adequate documentation for age and disability
discounts under subsection (b), and the issuance of
that recreation pass to volunteers. The Secretaries
shall take into consideration all relevant visitor and
sales data available in establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the
development and implementation of the National Parks
and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation
passes.--The Secretary may not establish any national
recreation pass, except as provided in this section.
(b) Discounted Passes.--
(1) Age discount.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass
available, at a cost of $10.00, to any United States
citizen or person domiciled in the United States who is
62 years of age or older, if the citizen or person
provides adequate proof of such age and such
citizenship or residency. The National Parks and
Federal Recreational Lands Pass made available under
this subsection shall be valid for the lifetime of the
pass holder.
(2) Disability discount.--The Secretary shall make
the National Parks and Federal Recreational Lands Pass
available, without charge, to any United States citizen
or person domiciled in the United States who has been
medically determined to be permanently disabled for
purposes of section 7(20)(B)(i) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the citizen
or person provides adequate proof of the disability and
such citizenship or residency. The National Parks and
Federal Recreational Lands Pass made available under
this subsection shall be valid for the lifetime of the
passholder.
(c) Site-Specific Agency Passes.--The Secretary may
establish and charge a fee for a site-specific pass that will
cover the entrance fee or standard amenity recreation fee for
particular Federal recreational lands and waters for a
specified period not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish
and charge a fee for a regional multientity pass that
will be accepted by one or more Federal land management
agencies or by one or more governmental or
nongovernmental entities for a specified period not to
exceed 12 months. To include a Federal land management
agency or governmental or nongovernmental entity over
which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such
agency or entity.
(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 agreement 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
Secretary 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
Secretary 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 suspended.
(3) Cost to eligible individuals.--
(A) In general.--The Secretary shall make the
National Parks and Federal Recreational Lands
Pass available, at a cost of $10 (subject to
the same rate of increase as the regular cost
of the National Parks and Federal Recreational
Lands Pass), to any individual determined to be
eligible under subparagraph (C).
(B) Term.--A National Parks and Federal
Recreations Lands Pass issued under this
paragraph shall be valid for 1 year after the
date of issuance of the pass.
(C) Proof of eligibility.--The Secretary,
after consultation with the Secretary of
Veterans Affairs and the Secretary of Defense,
shall determine the appropriate documentation
that a veteran or an active duty or reserve
member of the United States Armed Forces shall
provide as proof that the veteran or member is
eligible for the discount available under this
paragraph.
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