National Recreation Pass - Recreation Fee
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TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT
ACT
(From the 2005 Consolidated Appropriations Act (PL 108-447) signed
into law by President Bush on December 8, 2004)
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Federal Lands
Recreation Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec..1..Short title and table of contents.
Sec..2..Definitions.
Sec..3..Recreation fee authority.
Sec..4..Public participation.
Sec..5..Recreation passes.
Sec..6..Cooperative agreements.
Sec..7..Special account and distribution of fees and revenues.
Sec..8..Expenditures.
Sec..9..Reports.
Sec..10..Sunset provision.
Sec..11..Volunteers.
Sec..12..Enforcement and protection of receipts.
Sec..13..Repeal of superseded admission and use fee authorities.
Sec..14..Relation to other laws and fee collection authorities.
Sec..15..Limitation on use of fees for employee bonuses.
SEC. 2. DEFINITIONS.
In this Act:
(1) STANDARD AMENITY RECREATION FEE.--The term ``standard amenity
recreation fee'' means the recreation fee authorized by section
3(f).
(2) EXPANDED AMENITY RECREATION FEE.--The term ``expanded amenity
recreation fee'' means the recreation fee authorized by section
3(g).
(3) ENTRANCE FEE.--The term ``entrance fee'' means the recreation
fee authorized to be charged to enter onto lands managed by the
National Park Service or the United States Fish and Wildlife Service.
(4) FEDERAL LAND MANAGEMENT AGENCY.--The term ``Federal land
management agency'' means
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the National Park Service, the United States Fish and Wildlife
Service, the Bureau of Land Management, the Bureau of Reclamation,
or the Forest Service.
(5) FEDERAL RECREATIONAL LANDS AND WATERS.--The term ``Federal
recreational lands and waters'' means lands or waters managed by
a Federal land management agency.
(6) NATIONAL PARKS AND FEDERAL RECREATIONAL
LANDS PASS.--The
term ``National Parks and Federal Recreational Lands Pass'' means
the interagency national pass authorized by section 5.
(7) PASSHOLDER.--The term ``passholder'' means the person who
is issued a recreation pass.
(8) RECREATION FEE.--The term ``recreation fee'' means an entrance
fee, standard amenity recreation fee, expanded amenity recreation
fee, or special recreation permit fee.
(9) RECREATION PASS.--The term ``recreation pass'' means the
National Parks and Federal Recreational Lands Pass or one of the
other recreation passes available as authorized by section 5.
(10) SECRETARY.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to a Federal
land management agency (other than the Forest Service); and
(B) the Secretary of Agriculture, with respect to the Forest
Service.
(11) SECRETARIES.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture acting jointly.
(12) SPECIAL ACCOUNT.--The term ``special account'' means the
special account established in the Treasury under section 7 for
a Federal land management agency.
(13) SPECIAL RECREATION PERMIT FEE.--The term ``special recreation
permit fee'' means the fee authorized by section 3(h).
SEC. 3. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005 and
thereafter, the Secretary may establish, modify, charge, and collect
recreation fees at Federal recreational lands and waters as provided
for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be established
in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate with
the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of recreation
fees on recreation users and recreation service providers.
(3) The Secretary shall consider comparable fees charged elsewhere
and by other public agencies and by nearby private sector operators.
(4) The Secretary shall consider the public policy or management
objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate Recreation
Resource Advisory Committee, as provided in section 4(d).
(6) The Secretary shall consider such other factors or criteria
as determined appropriate by the Secretary.
(c) Special Considerations.--The Secretary shall establish the
minimum number of recreation fees and shall avoid the collection
of multiple or layered recreation fees for similar uses, activities,
or programs.
(d) Limitations on Recreation Fees.--
(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES
OR SERVICES.--The
Secretary shall not charge any standard amenity recreation fee
or expanded amenity recreation fee for Federal recreational lands
and waters administered by the Bureau of Land Management, the Forest
Service, or the Bureau of Reclamation under this Act for any of
the following:
(A) Solely for parking, undesignated parking, or picnicking along
roads or trailsides.
(B) For general access unless specifically authorized under this
section.
(C) For dispersed areas with low or no investment unless specifically
authorized under this section.
(D) For persons who are driving through, walking through, boating
through, horseback riding through, or hiking through Federal recreational
lands and waters without using the facilities and services.
(E) For camping at undeveloped sites that do not provide a minimum
number of facilities and services as described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over any national
parkway or any road or highway established as a part of the Federal-aid
System, as defined in section 101 of title 23, United States Code,
which is commonly used by the public as a means of travel between
two places either or both of which are outside any unit or area
at which recreation fees are charged under this Act.
(H) For travel by private, noncommercial vehicle, boat, or aircraft
over any road or highway, waterway, or airway to any land in which
such person has any property right if such land is within any unit
or area at which recreation fees are charged under this Act.
(I) For any person who has a right of access for hunting or fishing
privileges under a specific provision of law or treaty.
(J) For any person who is engaged in the conduct of official
Federal, State, Tribal, or local government business.
(K) For special attention or extra services necessary to meet
the needs of the disabled.
(2) RELATION TO FEES FOR USE OF HIGHWAYS
OR ROADS.--An entity
that pays a special recreation permit fee or similar permit fee
shall not be subject to a road cost-sharing fee or a fee for the
use of highways or roads that are open to private, noncommercial
use within the boundaries of any Federal recreational lands or
waters, as authorized under section 6 of Public Law 88-657 (16
U.S.C. 537; commonly known as the Forest Roads and Trails Act).
(3) PROHIBITION ON FEES FOR CERTAIN PERSONS
OR PLACES.--The Secretary
shall not charge an entrance fee or standard amenity recreation
fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial educational purposes
by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence National Historical
Park, any unit of the National Park System within the District
of Columbia, or Arlington House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky Mountains National
Park or any part thereof unless fees are charged for entrance into
that park on main highways and thoroughfares.
(F) Entrance on units of the National Park System containing
deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the Alaska National
Interest Lands Conservation Act (Public Law 96-487; 16 U.S.C. 410hh-2),
with the exception of Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System created, expanded,
or modified by the Alaska National Interest Lands Conservation
Act (Public Law 96-487).
(I) Any person who visits a unit or area under the jurisdiction
of the United States Fish and Wildlife Service and who has been
issued a valid migratory bird hunting and conservation stamp issued
under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b; commonly
known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational activity authorized
under a valid permit issued under any other Act, including a valid
grazing permit.
(4) NO RESTRICTION ON RECREATION OPPORTUNITIES.--Nothing in this
Act shall limit the use of recreation opportunities only to areas
designated for collection of recreation fees.
(e) Entrance Fee.--
(1) AUTHORIZED SITES FOR ENTRANCE FEES.--The Secretary of the
Interior may charge an entrance fee for a unit of the National
Park System, including a national monument administered by the
National Park Service, or for a unit of the National Wildlife Refuge
System.
(2) PROHIBITED SITES.--The Secretary shall not charge an entrance
fee for Federal recreational lands and waters managed by the Bureau
of Land Management, the Bureau of Reclamation, or the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by subsection
(d), the Secretary may charge a standard amenity recreation fee
for Federal recreational lands and waters under the jurisdiction
of the Bureau of Land Management, the Bureau of Reclamation, or
the Forest Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that provides
a broad range of interpretive services, programs, and media.
(4) An area--
(A) that provides significant opportunities for outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS AND USFWS AUTHORITY.--Except as limited by subsection
(d), the Secretary of the Interior may charge an expanded amenity
recreation fee, either in addition to an entrance fee or by itself,
at Federal recreational lands and waters under the jurisdiction
of the National Park Service or the United States Fish and Wildlife
Service when the Secretary of the Interior determines that the
visitor uses a specific or specialized facility, equipment, or
service.
(2) OTHER FEDERAL LAND MANAGEMENT AGENCIES.--Except as limited
by subsection (d), the Secretary may charge an expanded amenity
recreation fee, either in addition to a standard amenity fee or
by itself, at Federal recreational lands and waters under the jurisdiction
of the Forest Service, the Bureau of Land Management, or the Bureau
of Reclamation, but only for the following facilities or services:
(A) Use of developed campgrounds that provide at least a majority
of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee or agent of the
Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a campfire.
(B) Use of highly developed boat launches with specialized facilities
or services such as mechanical or hydraulic boat lifts or facilities,
multi-lane paved ramps, paved parking, restrooms and other improvements
such as boarding floats, loading ramps, or fish cleaning stations.
(C) Rental of cabins, boats, stock animals, lookouts, historic
structures, group day-use or overnight sites, audio tour devices,
portable sanitation devices, binoculars or other equipment.
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive program or special
tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or first-aid services
are administered from facilities staffed by public employees or
employees under a contract or reciprocal agreement with the Federal
Government.
(J) Use of developed swimming sites that provide at least a majority
of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) Special Recreation Permit Fee.--The Secretary may issue a
special recreation permit, and charge a special recreation permit
fee in connection with the issuance of the permit, for specialized
recreation uses of Federal recreational lands and waters, such
as group activities, recreation events, motorized recreational
vehicle use.
SEC. 4. PUBLIC PARTICIPATION.
(a) In General.--As required in this section, the Secretary shall
provide the public with opportunities to participate in the development
of or changing of a recreation fee established under this Act.
(b) Advance Notice.--The Secretary shall publish a notice in
the Federal Register of the establishment of a new recreation fee
area for each agency 6 months before establishment. The Secretary
shall publish notice of a new recreation fee or a change to an
existing recreation fee established under this Act in local newspapers
and publications located near the site at which the recreation
fee would be established or changed.
(c) Public Involvement.--Before establishing any new recreation
fee area, the Secretary shall provide opportunity for public involvement
by--
(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will demonstrate
on an annual basis how they have provided information to the public
on the use of recreation fee revenues; and
(3) publishing the guidelines in paragraphs (1) and (2) in the
Federal Register.
(d) Recreation Resource Advisory Committee.--
(1) ESTABLISHMENT.--
(A) AUTHORITY TO ESTABLISH.--Except as provided in subparagraphs
(C) and (D), the Secretary or the Secretaries shall establish a
Recreation Resource Advisory Committee in each State or region
for Federal recreational lands and waters managed by the Forest
Service or the Bureau of Land Management to perform the duties
described in paragraph (2).
(B) NUMBER OF COMMITTEES.--The Secretary may have as many additional
Recreation Resource Advisory Committees in a State or region as
the Secretary considers necessary for the effective operation of
this Act.
(C) EXCEPTION.--The Secretary shall not establish a Recreation
Resource Advisory Committee in a State if the Secretary determines,
in consultation with the Governor of the State, that sufficient
interest does not exist to ensure that participation on the Committee
is balanced in terms of the points of view represented and the
functions to be performed.
(D) USE OF OTHER ENTITIES.--In lieu of establishing a Recreation
Resource Advisory Committee under subparagraph (A), the Secretary
may use a Resource Advisory Committee established pursuant to another
provision of law and in accordance with that law or a recreation
fee advisory board otherwise established by the Secretary to perform
the duties specified in paragraph (2).
(2) DUTIES.--In accordance with the procedures required by paragraph
(9), a Recreation Resource Advisory Committee may make recommendations
to the Secretary regarding a standard amenity recreation fee or
an expanded amenity recreation fee, whenever the recommendations
relate to public concerns in the State or region covered by the
Committee regarding--
(A) the implementation of a standard amenity recreation fee or
an expanded amenity recreation fee or the establishment of a specific
recreation fee site;
(B) the elimination of a standard amenity recreation fee or an
expanded amenity recreation fee; or
(C) the expansion or limitation of the recreation fee program.
(3) MEETINGS.--A Recreation Resource Advisory Committee shall
meet at least annually, but may, at the discretion of the Secretary,
meet as often as needed to deal with citizen concerns about the
recreation fee program in a timely manner.
(4) NOTICE OF REJECTION.--If the Secretary rejects the recommendation
of a Recreation Resource Advisory Committee, the Secretary shall
issue a notice that identifies the reasons for rejecting the recommendation
to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate not
later than 30 days before the Secretary implements a decision pertaining
to that recommendation.
(5) COMPOSITION OF THE ADVISORY COMMITTEE.--
(A) NUMBER.--A Recreation Resource Advisory Committee shall be
comprised of 11 members.
(B) NOMINATIONS.--The Governor and the designated county official
from each county in the relevant State or Region may submit a list
of nominations in the categories described under subparagraph (D).
(C) APPOINTMENT.--The Secretary may appoint members of the Recreation
Resource Advisory Committee from the list as provided in subparagraph
(B).
(D) BROAD AND BALANCED REPRESENTATION.--In appointing the members
of a Recreation Resource Advisory Committee, the Secretary shall
provide for a balanced and broad representation from the recreation
community that shall include the following:
(i) Five persons who represent recreation users and that include,
as appropriate, persons representing the following:
(I) Winter motorized recreation, such as snowmobiling.
(II) Winter non-motorized recreation, such as snowshoeing, cross
country and down hill skiing, and snowboarding.
(III) Summer motorized recreation, such as motorcycles, boaters,
and off-highway vehicles.
(IV) Summer nonmotorized recreation, such as backpacking, horseback
riding, mountain biking, canoeing, and rafting.
(V) Hunting and fishing.
(ii) Three persons who represent interest groups that include,
as appropriate, the following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to represent the State.
(II) A person who represents affected Indian tribes.
(III) A person who represents affected local government interests.
(6) TERM.--
(A) LENGTH OF TERM.--The Secretary shall appoint the members
of a Recreation Resource Advisory Committee for staggered terms
of two and three years beginning on the date of the members are
first appointed. The Secretary may reappoint members to subsequent
two- or three-year terms.
(B) EFFECT OF VACANCY.--The Secretary shall make appointments
to fill a vacancy on a Recreation Resource Advisory Committee as
soon as practicable after the vacancy has occurred.
(C) EFFECT OF UNEXPECTED VACANCY.--Where an unexpected vacancy
occurs, the Governor and the designated county officials from each
county in the relevant state shall provide the Secretary with a
list of nominations in the relevant category, as described under
paragraph (5)(D), not later than two months after notification
of the vacancy. To the extent possible, a vacancy shall be filled
in the same category and term in which the original appointment
was made.
(7) CHAIRPERSON.--The chairperson of a Recreation Resource Advisory
Committee shall be selected by the majority vote of the members
of the Committee.
(8) QUORUM.--Eight members shall constitute a quorum. A quorum
must be present to constitute an official meeting of a Recreation
Resource Advisory Committee.
(9) APPROVAL PROCEDURES.--A Recreation Resource Advisory Committee
shall establish procedures for making recommendations to the Secretary.
A recommendation may be submitted to the Secretary only if the
recommendation is approved by a majority of the members of the
Committee from each of the categories specified in paragraph (5)(D)
and general public support for the recommendation is documented.
(10) COMPENSATION.--Members of the Recreation Resource Advisory
Committee shall not receive any compensation.
(11) PUBLIC PARTICIPATION IN THE RECREATION
RESOURCE ADVISORY COMMITTEE.--
(A) NOTICE OF MEETINGS.--All meetings of a Recreation Resource
Advisory Committee shall be announced at least one week in advance
in a local newspaper of record and the Federal Register, and shall
be open to the public.
(B) RECORDS.--A Recreation Resource Advisory Committee shall
maintain records of the meetings of the Recreation Resource Advisory
Committee and make the records available for public inspection.
(12) FEDERAL ADVISORY COMMITTEE ACT.--A Recreation Resource Advisory
Committee is subject to the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).
(e) Miscellaneous Administrative Provisions Regarding Recreation
Fees and Recreation Passes.--
(1) NOTICE OF ENTRANCE FEES, STANDARD AMENITY
RECREATION FEES, AND PASSES.--The Secretary shall post clear notice of any entrance
fee, standard amenity recreation fee, and available recreation
passes at appropriate locations in each unit or area of a Federal
land management agency where an entrance fee or a standard amenity
recreation fee is charged. The Secretary shall include such notice
in publications distributed at the unit or area.
(2) NOTICE OF RECREATION FEE PROJECTS.--To the extent practicable,
the Secretary shall post clear notice of locations where work is
performed using recreation fee or recreation pass revenues collected
under this Act.
SEC. 5. 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.
SEC. 6. 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 proposal
submitted by a county to provide services described in subsection
(a). If the Secretary decides not to enter into a fee management
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.
SEC. 7. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.
(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 appropriation,
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 percent 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 subparagraph (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 management 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 appropriation, 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 guidelines established by the
Secretary.
(d) Distribution of National Parks and Federal Recreational 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 participating Federal
land management agency's special account in accordance with the
terms of the region multientity pass agreement for the regional
multientity pass.
SEC. 8. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts available
for expenditure at a specific site or area--
(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 recreation;
(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 five-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 five-year period beginning on the date the regional multientity
pass agreement for that recreation pass takes effect.
SEC. 9. REPORTS.
Not later than May 1, 2006, and every three years thereafter,
the Secretary shall submit to the 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 containing
any recommendations for changes in the overall fee system.
SEC. 10. 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. 11. VOLUNTEERS.
(a) Authority to Use Volunteers.--The Secretary may use volunteers,
as appropriate, to collect recreation fees and sell recreation
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 an expanded
amenity recreation fee that would otherwise apply to the volunteer
or issue to the volunteer a site-specific agency pass authorized
under section 5(c).
(c) National Parks and Federal Recreational Lands Pass.--In accordance
with the guidelines issued under section 5(a)(7), the Secretaries
may issue a National Parks and Federal Recreational Lands Pass
to a volunteer in exchange for significant volunteer services performed
by the volunteer.
(d) Regional Multientity Passes.--The Secretary may issue a regional
multientity pass authorized under section 5(d) to a volunteer in
exchange for significant volunteer services performed by the volunteer,
if the regional multientity pass agreement under which the regional
multientity pass was established provides for the issuance of the
pass to volunteers.
SEC. 12. ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) Enforcement Authority.--The Secretary concerned shall enforce
payment of the recreation fees authorized by this Act.
(b) Evidence of Nonpayment.--If the display of proof of payment
of a recreation fee, or the payment of a recreation fee within
a certain time period is required, failure to display such proof
as required or to pay the recreation fee within the time period
specified shall constitute nonpayment.
(c) Joint Liability.--The registered owner and any occupant of
a vehicle charged with a nonpayment violation involving the vehicle
shall be jointly liable for penalties imposed under this section,
unless the registered owner can show that the vehicle was used
without the registered owner's express or implied permission.
(d) Limitation on Penalties.--The failure to pay a recreation
fee established under this Act shall be punishable as a Class A
or Class B misdemeanor, except that in the case of a first offense
of nonpayment, the fine imposed may not exceed $100, notwithstanding
section 3571(e) of title 18, United States Code.
SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.
(a) Land and Water Conservation Fund Act.--Subsections (a), (b),
(c), (d), (e), (f), (g), and (i) of section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et seq.) are repealed,
except that the Secretary may continue to issue Golden Eagle Passports,
Golden Age Passports, and Golden Access Passports under such section
until the date the notice required by section 5(a)(3) is published
in the Federal Register regarding the establishment of the National
Parks and Federal Recreational Lands Pass.
(b) Recreational Fee Demonstration Program.--Section 315 of the
Department of the Interior and Related Agencies Appropriations
Act, 1996 (as contained in section 101(c) of Public Law 104-134;
16 U.S.C. 460l-6a), is repealed.
(c) Admission Permits for Refuge Units.--Section 201 of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.
(d) National Park Passport, Golden Eagle Passport, Golden Age
Passport, and Golden Access Passport.--Effective on the date the
notice required by section 5(a)(3) is published in the Federal
Register, the following provisions of law authorizing the establishment
of a national park passport program or the establishment and sale
of a national park passport, Golden Eagle Passport, Golden Age
Passport, or Golden Access Passport are repealed:
(1) Section 502 of the National Parks Omnibus Management Act
of 1998 (Public Law 105-391; 16 U.S.C. 5982).
(2) Title VI of the National Parks Omnibus Management Act of
1998 (Public Law 105-391; 16 U.S.C. 5991-5995).
(e) Treatment of Unobligated Funds.--
(1) LAND AND WATER CONSERVATION FUND SPECIAL
ACCOUNTS.--Amounts
in the special accounts established under section 4(i)(1) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1))
for Federal land management agencies that are unobligated on the
date of the enactment of this Act shall be transferred to the appropriate
special account established under section 7 and shall be available
to the Secretary in accordance with this Act. A special account
established under section 4(i)(1) of the Land and Water Conservation
Fund Act of 1965 for a Federal agency that is not a Federal land
management area, and the use of such special account, is not affected
by the repeal of section 4 of the Land and Water Conservation Fund
Act of 1965 by subsection (a) of this section.
(2) NATIONAL PARKS PASSPORT.--Any funds collected under title
VI of the National Parks Omnibus Management Act of 1998 (Public
Law 105-391; 16 U.S.C. 5991-5995) that are unobligated on the day
before the publication of the Federal Register notice required
under section 5(a)(3) shall be transferred to the special account
of the National Park Service for use in accordance with this Act.
The Secretary of the Interior may use amounts available in that
special account to pay any outstanding administration, marketing,
or close-out costs associated with the national parks passport.
(3) RECREATIONAL FEE DEMONSTRATION PROGRAM.--Any funds collected
in accordance with section 315 of the Department of the Interior
and Related Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a), that
are unobligated on the day before the date of the enactment of
this Act shall be transferred to the appropriate special account
and shall be available to the Secretary in accordance with this
Act.
(4) ADMISSION PERMITS FOR REFUGE UNITS.--Any funds collected
in accordance with section 201 of the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3911) that are available as provided in
subsection (c)(A) of such section and are unobligated on the day
before the date of the enactment of this Act shall be transferred
to the special account of the United States Fish and Wildlife Service
for use in accordance with this Act.
(f) Effect of Regulations.--A regulation or policy issued under
a provision of law repealed by this section shall remain in effect
to the extent such a regulation or policy is consistent with the
provisions of this Act until the Secretary issues a regulation,
guideline, or policy under this Act that supersedes the earlier
regulation.
SEC. 14. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.
(a) Federal and State Laws Unaffected.--Nothing in this Act shall
authorize Federal hunting or fishing licenses or fees or charges
for commercial or other activities not related to recreation, affect
any rights or authority of the States with respect to fish and
wildlife, or repeal or modify any provision of law that permits
States or political subdivisions of States to share in the revenues
from Federal lands or, except as provided in subsection (b), any
provision of law that provides that any fees or charges collected
at particular Federal areas be used for or credited to specific
purposes or special funds as authorized by that provision of law.
(b) Relation to Revenue Allocation Laws.--Amounts collected under
this Act, and the existence of a fee management agreement with
a governmental entity under section 6(a), may not be taken into
account for the purposes of any of the following laws:
(1) The sixth paragraph under the heading ``FOREST SERVICE''
in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly
known as the Weeks Act).
(3) The fourteenth paragraph under the heading ``FOREST SERVICE''
in the Act of March 4, 1913 (16 U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1012).
(5) Title II of the Act of August 8, 1937, and the Act of May
24, 1939 (43 U.S.C. 1181f et seq.).
(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s;
commonly known as the Refuge Revenue Sharing Act).
(9) The Secure Rural Schools and Community Self-Determination
Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), except that
the exception made for such Act by this subsection is unique and
is not intended to be construed as precedent for amounts collected
from the use of Federal lands under any other provision of law.
(10) Section 2 of the Boulder Canyon Project Adjustment Act (43
U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16 U.S.C. 460l-12
et seq.).
(12) The first section of the Act of June 17, 1902, as amended
or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly
known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public Land Management
Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 note).
(15) Section 5(a) of the Lincoln County Land Act of 2000 (Public
Law 106-298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue allocation.
(c) Consideration of Other Funds Collected.--Amounts collected
under any other law may not be disbursed under this Act.
(d) Sole Recreation Fee Authority.--Recreation fees charged under
this Act shall be in lieu of fees charged for the same purposes
under any other provision of law.
(e) Fees Charged by Third Parties.--Notwithstanding any other
provision of this Act, a third party may charge a fee for providing
a good or service to a visitor of a unit or area of the Federal
land management agencies in accordance with any other applicable
law or regulation.
(f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp
established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
commonly known as the Migratory Bird Hunting Stamp Act or Duck
Stamp Act), shall not be covered by this Act. SEC. 15. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.
Notwithstanding any other provision of law, fees collected under
the authorities of this Act may not be used for employee bonuses.
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