[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5204 Reported in House (RH)]
Calendar No. 537
113th CONGRESS
2d Session
H. R. 5204
[Report No. 113-706, Part I]
To amend the Federal Lands Recreation Enhancement Act to improve
recreation opportunities and increase consistency and accountability in
the collection and expenditure of recreation fees collected on public
lands and forests, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2014
Mr. Bishop of Utah introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
December 22, 2014
Reported from the Committee on Natural Resources
December 22, 2014
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To amend the Federal Lands Recreation Enhancement Act to improve
recreation opportunities and increase consistency and accountability in
the collection and expenditure of recreation fees collected on public
lands and forests, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Federal Lands
Recreation Enhancement Modernization Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. References to Federal Lands Recreation Enhancement Act.
Sec. 3. Definitions.
Sec. 4. Recreation fee authority.
Sec. 5. Public participation.
Sec. 6. Recreation passes.
Sec. 7. Special account.
Sec. 8. Expenditures.
Sec. 9. Reporting requirements.
Sec. 10. Sunset provision.
Sec. 11. Volunteers.
Sec. 12. Enforcement.
Sec. 13. Repeal of superseded admission and use fees.
Sec. 14. Relationship to other laws.
SEC. 2. REFERENCES TO FEDERAL LANDS RECREATION ENHANCEMENT ACT.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the Federal Lands Recreation Enhancement Act (title VIII
of division J of Public Law 108-447; 16 U.S.C. 6801 et seq.).
SEC. 3. DEFINITIONS.
(a) New Fee Names.--Paragraphs (1) and (2) of section 802 (16
U.S.C. 6801) are amended to read as follows:
``(1) Day use fee.--The term `day use fee' means the
recreation fee authorized by section 803(f).
``(2) Amenity fee.--The term `amenity fee' means the
recreation fee authorized by section 803(g).''.
(b) Federal Land Management Agency.--Section 802(4) (16 U.S.C.
6801(4)) is amended by inserting ``or `agency''' before ``means the
National''.
(c) Recreation Fee.--Section 802(8) (16 U.S.C. 6801(8)) is amended
by striking ``standard amenity recreation fee, expanded amenity
recreation fee'' and inserting ``day use fee, amenity fee''.
(d) New Definitions.--Section 802 (16 U.S.C. 6801) is further
amended--
(1) by redesignating paragraphs (10) through (13) as
paragraphs (11) through (14), respectively;
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Recreation service provider.--The term `recreation
service provider' means any entity that provides any recreation
service on Federal recreational lands and waters for which the
provider charges a fee for the service.''; and
(3) by adding at the end the following new paragraph:
``(15) Unit.--The term `unit' means an individual unit of
the National Park System, National Forest System, National
Wildlife Refuge System, or similar area.''.
(e) Technical Corrections.--Section 802 (16 U.S.C. 6801) is further
amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (6), by striking ``section 5'' and
inserting ``section 805'';
(3) in paragraph (9), by striking ``section 5'' and
inserting ``section 805'';
(4) in paragraph (13), as redesignated by subsection
(d)(1), by striking ``section 7'' and inserting ``section
807''; and
(5) in paragraph (14), as redesignated by subsection
(d)(1), by striking ``section 3(h)'' and inserting ``section
803(h)''.
SEC. 4. RECREATION FEE AUTHORITY.
(a) Sole Authority.--Section 803(a) (16 U.S.C. 6802(a)) is amended
by inserting ``only'' after ``waters''.
(b) Fee Basis.--Section 803(b) (16 U.S.C. 6802(b)) is amended by
striking paragraphs (5) and (6) and inserting the following new
paragraph:
``(5) The Secretary shall consider access to recreation
opportunities.''.
(c) Limitations.--Section 803(d) (16 U.S.C. 6802(d)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``standard amenity recreation fee or expanded
amenity recreation fee'' and inserting ``day use fee or
amenity fee'';
(B) by striking subparagraphs (A) through (F) and
inserting the following new subparagraph:
``(A) For any site, area, or activity, except as
specifically authorized under this section.''; and
(C) by redesignating subparagraphs (G) through (K)
as subparagraphs (B) through (F), respectively; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``standard amenity recreation fee'' and
inserting ``day use fee''; and
(B) in subparagraph (B), by striking ``educational
purposes by schools or bona fide academic
institutions'' and inserting ``, non-recreational
educational purposes by schools or bona fide academic
institutions when the students are pursuing academic
credit and the Secretary has provided prior approval
for a fee waiver''.
(d) Entrance Fees.--Section 803(e) (16 U.S.C. 6802(e)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Policies.--The Secretary shall--
``(A) treat a motorcycle or snowmobile, when used
as transportation to enter a unit, as a motor vehicle
for the purposes of collecting entrance fees and shall
charge a consistent per vehicle rate; and
``(B) determine, by agency, a nationally consistent
entrance fee policy and corresponding rate structure,
including a schedule for general visitors, commercial
and noncommercial recreational tours or groups, and
commercial air tours.
``(3) Transportation services.--At a unit of the National
Park System where the Secretary provides a transportation
service, either as a Government service or through agreement or
contract, the Secretary may charge transportation users a
transportation fee alone (consistent with section 501 of the
National Park Omnibus Management Act of 1998 (16 U.S.C. 5981)
and other authorities) or in combination with an entrance fee.
However, the transportation fee or combined transportation and
entrance fee may not exceed the entrance fee charged at other
similar units as identified in the national entrance fee policy
under paragraph (2)(B).''.
(e) Day Use Fee.--Subsection (f) of section 803 (16 U.S.C. 6802) is
amended to read as follows:
``(f) Day Use Fee.--
``(1) Authorized sites for day use fees.--The Secretary may
charge a day use fee for Federal recreational lands and waters
under the jurisdiction of the Bureau of Land Management, the
Bureau of Reclamation, or the Forest Service at the following:
``(A) A National Conservation Area.
``(B) A National Volcanic Monument.
``(C) A destination visitor or interpretive center
that provides a broad range of interpretative services,
programs and media.
``(D) Sites of concentrated public use that are
managed primarily for outdoor recreation purposes where
there has been a substantial Federal investment in
facilities and services that are necessary to
accommodate heavy public use, public access to the site
is provided in such a manner that fees can be
effectively collected at one or more centralized
locations, the site has regularly serviced and well
maintained toilet facilities and contains at least four
of the following:
``(i) Designated developed parking.
``(ii) Trash collection.
``(iii) Permanent interpretative materials.
``(iv) Picnic tables.
``(v) Routine presence of agency personnel.
``(2) Single fee for multiple sites.--If there are two or
more sites of concentrated public use located within one-half
mile of each other, the Secretary may charge a single day use
fee for the sites and the area between the sites.
``(3) Policy.--The Secretary shall determine, by agency, a
nationally consistent day use fee policy and rate structure.
``(4) Initial implementation.--
``(A) Initial list of fee sites.--No later than 180
days after the date of the enactment of the Federal
Lands Recreation Enhancement Modernization Act of 2014,
the Secretary shall--
``(i) publish in the Federal Register and
on the agency's website a list of all sites for
which day use fees are proposed to be
collected; and
``(ii) provide a 60-day public comment
period regarding such list.
``(B) Final list of fee sites.--No later than 120
days after the close of the public comment period
required by subparagraph (A)(ii), the Secretary shall
publish in the Federal Register and on the agency's
website the final list of sites for which day use fees
are to be collected.
``(5) Transition.--The Secretary may continue to collect
fees in effect on the date of the enactment of Federal Lands
Recreation Enhancement Modernization Act of 2014 for a period
not to exceed 180 days from the date the final list of day use
fee sites is published pursuant to paragraph (4)(B). However,
the Secretary may not increase or impose new fees using this
transition authority.''.
(f) Amenity Fee.--Section 803(g) (16 U.S.C. 6802(g)) is amended--
(1) in the subsection heading, by striking ``Expanded
Amenity Recreation'' and inserting ``Amenity'';
(2) by striking paragraph (1);
(3) by redesignating paragraph (2) as paragraph (1) and in
such paragraph--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``expanded amenity
recreation fee, either in addition to a
standard amenity fee'' and inserting ``amenity
fee, either in addition to a day use fee or
entrance fee''; and
(ii) by striking ``under the jurisdiction
of the Forest Service, the Bureau of Land
Management, or the Bureau of Reclamation, but
only'';
(B) in subparagraph (A)--
(i) by striking ``Tent'' and inserting
``Developed tent''; and
(ii) by striking clauses (vii) through (ix)
and inserting the following new clauses:
``(vii) Trash collection.
``(viii) Regularly serviced and well
maintained toilet facilities.'';
(C) in subparagraph (E), by inserting before the
period the following: ``when the user has not paid an
amenity fee under subparagraph (A) the prior night'';
(D) by striking subparagraph (F) and inserting the
following new subparagraph:
``(F) Highly specialized interpretative programs;
guided walks, talks, and tours of substantial length;
programs that require specialized equipment;
specialized non-public programs; and other
interpretative services for which the Secretary incurs
significant costs. However, before the Secretary may
charge a fee for interpretative programs, the Secretary
shall identify basic interpretative programs and
services, including tours required to provide basic
visitor access to a primary resource in a unit, that
will be provided free of charge.'';
(E) in subparagraph (H), by inserting before the
period the following: ``subject to subsection (e)(3)'';
and
(F) in subparagraph (J)--
(i) in the matter preceding clause (i), by
inserting ``or hot spring'' after ``swimming
sites'';
(ii) in clause (i), by striking ``flush
toilets'' and inserting ``regularly serviced
and well maintained toilets'';
(iii) in clause (ii), by striking ``Refuse
containers'' and inserting ``Trash
collection''; and
(iv) in clause (v), by inserting ``or
swimming instructors'' after ``lifeguards'';
and
(4) by adding at the end the following new paragraph:
``(2) National park service and united states fish and
wildlife service additional authority.--Except as limited by
subsection (d), the Secretary may charge an additional amenity
fee at Federal recreational lands and waters under the
jurisdiction of the National Park Service and the United States
Fish and Wildlife Service when the Secretary determines that
the visitor uses a specific or specialized facility, equipment,
or service not otherwise included under paragraph (1).''.
(g) Special Recreation Permit and Fee.--Subsection (h) of section
803 (16 U.S.C. 6802) is amended to read as follows:
``(h) Special Recreation Permit and Fee.--
``(1) In general.--The Secretary may--
``(A) issue a special recreation permit for Federal
recreational lands and waters; and
``(B) charge a special recreation permit fee in
connection with the issuance of the permit.
``(2) Special recreation permits.--The Secretary may issue
special recreation permits in the following circumstances:
``(A) For specialized individual and group use of
Federal facilities and Federal recreational lands and
waters, such as, but not limited to, use of special
areas or areas where use is allocated, motorized
recreational vehicle use, and group activities or
events.
``(B) To recreation service providers who conduct
outfitting, guiding, and other recreation services on
Federal recreational lands and waters managed by the
Forest Service, Bureau of Land Management, Bureau of
Reclamation, and the United States Fish and Wildlife
Service.
``(C) To recreation service providers who conduct
recreation or competitive events, which may involve
incidental sales on Federal recreational lands and
waters managed by the Forest Service, Bureau of Land
Management, Bureau of Reclamation, and the United
States Fish and Wildlife Service.
``(3) Reduction in federal costs.--To reduce Federal costs
in administering this subsection, the issuance of a new special
recreation permit for activities under paragraph (2)(B) that
have been considered under previous analysis or that are
similar to existing uses or are not inconsistent with approved
uses and will not substantially increase the use of an area
shall not constitute a major Federal action for the purposes of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(4) Single permits.--The Secretary may issue a single
permit, administered by one agency (including the National Park
Service), to authorize a recreation service provider to provide
services or for an event on lands managed by multiple agencies.
The authorized official in the agency issuing the permit under
this authority must have a delegation of authority for the
administration of the permit from the other relevant agencies
and must comply with the applicable laws of each relevant
agency. Nothing in this subsection shall alter, expand, or
limit the applicability of any public law or regulation to
lands administered by the participating agencies.
``(5) Guidelines and permit fee calculation.--
``(A) Guidelines and exclusion of certain
revenues.--The Secretary shall publish guidelines in
the Federal Register for how recreation permit fees
shall be established that will provide appropriate
deductions for revenue from goods, services, or
activities provided by the recreation service provider
outside Federal recreational lands and waters and a
deduction for fees to paid for other Federal lands if
separate permits are issued for a single event.
``(B) Revenue exclusions.--Revenue exclusions under
subparagraph (A) shall include, but not be limited to,
revenue from goods or services provided by the
recreation service provider outside the Federal
recreational lands and waters, such as--
``(i) costs for transportation, lodging,
and other services before or after a trip
begins;
``(ii) deductions for activities outside
public lands or on other Federal lands if
separate permits are issued.
``(C) Fee conditions.--The fee charged by the
Secretary for a permit issued under paragraph (2)(B)
shall not exceed 3 percent of the recreational service
provider's annual gross revenue for activities
authorized by the permit, plus applicable revenue
additions, minus applicable revenue exclusions or a
similar flat per person fee. The fee charged by the
Secretary for a permit issued under paragraph (2)(C)
shall include appropriate reductions and additions
based on the direct costs incurred by the Secretary for
management of the event.
``(6) Bureau of land management.--The Secretary may issue a
recreation concession permit to authorize a third party to
provide facilities and services to visitors on Federal
recreational lands and waters managed by the Bureau of Land
Management in support of outdoor recreational opportunities in
accordance with the applicable land use plan. Any such permit
shall provide for monetary compensation to the Federal
Government for the rights and privileges provided, with
collected funds deposited in the accounts established under
section 807 of this Act, to be available without further
appropriation and to remain available until expended.
Facilities and services provided under existing recreation
concessions and recreation lease agreements on Bureau of Land
Management managed public lands may continue pursuant to the
terms and conditions of each agreement.
``(7) Stewardship program.--
``(A) Establishment.--Within 18 months after the
date of the enactment of the Federal Lands Recreation
Enhancement Modernization Act of 2014, the Secretary
shall establish, at no fewer than 20 sites located on
Federal recreational lands and waters administered by
the Forest Service and the Bureau of Land Management, a
stewardship program for recreation service providers
involving credit against a required special recreation
permit fee in exchange for otherwise unreimbursed
maintenance and resource protection work performed with
the permission of the relevant Federal agency.
``(B) Eligibility.--Under the stewardship program
required by this paragraph, a recreation service
provider shall submit to the Secretary--
``(i) the provider's qualifications to
adequately and safely perform the proposed
maintenance and resource protection work;
``(ii) an itemized accounting of labor and
material costs associated with such maintenance
and resource protection work;
``(iii) a commitment to share the costs of
the proposed maintenance and resource
protection work; and
``(iv) permission from the relevant Federal
agency to perform the proposed maintenance and
resource protection work.
``(C) Review and approval.--The Secretary shall
review promptly a proposal submitted to participate in
the stewardship program and approve any such submission
that the Secretary finds adequately meets the
eligibility criteria specified in subparagraph (B).
``(D) Report.--Not later than three years after the
date of the enactment of the Federal Lands Recreation
Enhancement Modernization Act of 2014, the Secretary
shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a status
report on the stewardship program, including the number
of participating sites, total amount of the credits
granted, and suggestions for revising the program.
``(8) Disclosure of fees.--A holder of a special recreation
permit may inform its customers of the various fees charged by
the Secretary under this title.''.
(h) Additional Provisions.--Section 803 (16 U.S.C. 6802) is further
amended by adding at the end the following new subsections:
``(i) Notice of Recreational Fees and Recreation Passes.--The
Secretary shall post clear notice of any fee and available recreation
passes at appropriate locations at each site of Federal recreational
lands and waters for which any fee is charged. The Secretary shall
include such notice in publications distributed at the unit and on
agency websites.
``(j) Use of Technology.--To the extent practicable, the Secretary
shall use technology and automation to increase accountability,
efficiency, and the convenience of paying recreation fees.
``(k) Visitor Centers.--
``(1) In general.--Subject to valid existing rights, the
Secretary shall not enter into agreements for the operation of
a visitor center with private for-profit or non-profit
organizations that intend to charge a fee for visitors to
access a visitor center or a basic visitor center exhibit.
``(2) Exceptions.--Nothing in paragraph (1) prohibits the
Secretary from--
``(A) charging a recreation fee at a visitor or
interpretative center as otherwise provided for in this
title; or
``(B) entering into a fee management agreement for
the collection of the recreation fee.
``(l) Congressional Approval of Certain New or Increased Fees.--
``(1) Submission of list of existing fees.--Within six
months after the date of the enactment of the Federal Lands
Recreation Enhancement Modernization Act of 2014, the Secretary
shall--
``(A) compile a comprehensive list of all fees
(except special recreation permit fees) charged at
Federal recreational lands and waters by Federal land
management agencies as of the date of the enactment of
the Federal Lands Recreation Enhancement Modernization
Act of 2014; and
``(B) submit this list to the Committee on Natural
Resources and the Committee on Agriculture of the House
of Representatives and the Committee on Energy and
Natural Resources of the Senate.
``(2) Prohibition on new fees or fee increases.--Except as
provided in paragraphs (3), (4), and (5), the Secretaries may
not increase or impose any new entrance fees, day use fees, or
amenity fees.
``(3) Submission of proposed fee schedule.--By June 1 of
each year, the Secretaries shall propose a single schedule of
any new or increased entrance fees, day use fees, or amenity
fees and transmit this schedule to the Committee on Natural
Resources and the Committee on Agriculture of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(4) Congressional approval required.--No new or increased
entrance fee, day use fee, or amenity fee may be imposed unless
approved by Act of Congress.
``(5) Emergency situations.--If the Secretaries determine
that recreational opportunities on Federal recreational lands
and waters would be severely curtailed or that an emergency
affecting human health or unforeseen events exists, the
Secretaries may transmit proposed selective new or increased
entrance fees, day use fees, or amenity fees to the Committee
on Natural Resources and the Committee on Agriculture of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate for approval by Act of
Congress.
``(m) Grandfathering Existing Permits.--Any special recreation
permit issued under this title before the date of the enactment of the
Federal Lands Recreation Enhancement Modernization Act of 2014 shall
continue--
``(1) to be managed pursuant to this section, as in effect
on the day before the date of the enactment of the Federal
Lands Recreation Enhancement Modernization Act of 2014; and
``(2) to be valid and remain in effect, under its terms and
notwithstanding section 810, until the permit expires, is
revoked, or is suspended according to the terms of the permit.
``(n) Discounted or Free Admission Days or Use.--The Secretary may
provide free admission or use days of Federal recreational lands and
waters. The Secretary shall not establish any additional discounts
except as provided in this title or by another provision of law.''.
(i) Technical Corrections.--Section 803(d) (16 U.S.C. 6802(d)) is
further amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``this Act'' and inserting ``this title''; and
(B) in subparagraph (B), as redesignated by
subsection (c)(1)(C), by striking ``part of the
Federal-aid System'' and inserting ``Federal-aid
highway''; and
(2) in paragraph (4), by striking ``this Act'' and
inserting ``this title''.
SEC. 5. PUBLIC PARTICIPATION.
Section 804 (16 U.S.C. 6803) is amended--
(1) in subsection (a), by striking ``this Act'' and
inserting ``this title''; and
(2) by striking subsections (b), (c), (d), and (e) and
inserting the following new subsections:
``(b) Entrance Fees, Day Use Fees, and Amenity Fees.--For entrance
fees, day use fees and amenity fees, the Secretary may--
``(1) publish notice in the Federal Register of any unit
newly subject to an entrance fee, day use fee, or amenity fee;
``(2) publish on the website recreation.gov or another
similar interagency website, in local newspapers, on agency
websites, at proposed and established collection points, on
social media applications, and in publications distributed near
the site for which the fee would be collected--
``(A) any proposed new or increased fee;
``(B) the unit and agency proposing the new or
increased fee;
``(C) the process by which to comment on the
proposed new or increased fee; and
``(D) subject to paragraph (3), when the
opportunity for comment closes;
``(3) allow at least 60 days public comment after
publication of notice under paragraph (2);
``(4) at least 120 days before the implementation of the
new or increased fee, publish notice of a decision to implement
a new or increased fee in local newspapers, on the agency
websites, at proposed and established collection points, on
social media applications, and in publications distributed near
the site for which the fee will be collected; and
``(5) not less frequently than every other year, solicit
public comment for at least 60 days on how fee revenue should
be expended at each unit.
``(c) Special Recreation Permit Fees.--For special recreation
permit fees authorized by section 803(h)(2)(A), the Secretary shall--
``(1) if the fee is for reoccurring recreational uses for
which standard fee rates can be established, follow, to the
extent practicable and appropriate, the procedures in
subsection (b); and
``(2) if the fee is based on recovering the costs
associated with issuing and managing the permit, establish
guidelines for how fees will be established and publish the
guidelines in the Federal Register.
``(d) New Concession Opportunities.--The Secretary shall provide an
opportunity for public involvement 180 days before a new site or area,
including a campground, is offered as a new concession opportunity on
Federal recreational lands and waters under the jurisdiction of the
Forest Service or Bureau of Land Management by publishing a notice in
the Federal Register and soliciting comments.''.
SEC. 6. RECREATION PASSES.
(a) America the Beautiful--The National Parks and Federal
Recreational Lands Pass.--Section 805(a) (16 U.S.C. 6804(a)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``be available to United States
citizens and permanent residents and'' before
``cover''; and
(B) by striking ``standard amenity recreation fee''
and inserting ``day use fee'' both places it appears;
(2) in paragraph (2)--
(A) by striking ``shall hold an annual'' and
inserting ``may hold a''; and
(B) by striking ``for an year.'' and all that
follows through the end of the following sentence and
inserting a period;
(3) in paragraph (5), by adding at the end the following
new sentence: ``The Secretaries shall adjust the price of the
National Parks and Federal Recreational Lands Pass once every
three years to reflect the change in the Consumer Price Index
for All Urban Consumers (CPI-U) over the same period, rounding
figures so as to increase or decrease the price in even five-
dollar increments.'';
(4) in paragraph (6)(A), by striking ``standard amenity
recreation fee'' and inserting ``day use fee'';
(5) in paragraph (9), by adding ``or discount pass'' after
``pass''; and
(6) by adding at the end the following new paragraph:
``(10) Pass use study.--The Secretaries shall conduct a
study to evaluate how, where, and the extent to which the
National Parks and Federal Recreational Lands Pass is used and
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing the results of the
study.''.
(b) Discounted Passes.--Section 805(b) (16 U.S.C. 6804(b)) is
amended--
(1) in paragraph (2), by inserting ``or is a veteran with a
service-connected disability, as defined in section 101 of
title 38, United States Code'' before ``, if the citizen or
person''; and
(2) by adding at the end the following new paragraphs:
``(3) United states armed forces discount.--The Secretary
may make an annual National Parks and Federal Recreational
Lands Pass available without charge to any member of the United
States Army, Navy, Air Force, Marine Corps, and Coast Guard if
such person presents a Common Access card or similar
identification as determined by the Secretary.
``(4) Amenity fee discount.--The National Parks and Federal
Recreational Lands Pass made available under paragraphs (1) and
(2) shall include an amenity fee discount as charged under
section 803(g)(1)(A).
``(5) Prohibition on other discounted passes.--The
Secretary may not establish any discounted passes, except as
provided in this section.''.
(c) Site-Specific Agency Passes.--Section 805(c) (16 U.S.C.
6804(c)) is amended by striking ``standard amenity recreation fee'' and
inserting ``day use fee''.
(d) Discounted or Free Admission Days or Use.--Section 805 (16
U.S.C. 6804) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) Pass and Discount Acceptance by Concessionaires.--Section 805
(16 U.S.C. 6804) is further amended by adding at the end the following
new subsection:
``(f) Pass and Discount Acceptance by Concessionaires.--
``(1) Acceptance.--Subject to valid existing rights, and to
the extent reimbursement is practical, the Secretary shall
require concessionaires operating federally owned campgrounds
and day use facilities on Federal recreational lands and waters
to accept a recreational pass issued under this title or
section 4 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a) for discounted or free use, as applicable.
``(2) Reimbursement.--To the extent practicable, the
Secretary shall reimburse a concessionaire in part or in whole
for acceptance under paragraph (1) of a recreational pass in an
amount not to exceed the total land use or franchise fee due to
the Federal Government.''.
(f) Technical Correction.--Section 805(a)(6)(B) (16 U.S.C.
6804(a)(6)(B)) is amended by striking ``section 6'' and inserting
``section 6805''.
SEC. 7. SPECIAL ACCOUNT.
(a) Distribution of Revenues.--Section 807(c)(1) (16 U.S.C.
6806(c)(1)) is amended--
(1) by striking ``or area'' each place it appears;
(2) in subparagraph (A), by striking ``80 percent'' and
inserting ``90 percent''; and
(3) in subparagraph (B), by adding at the end the following
new sentence: ``The Secretary shall provide notice to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
whenever an allocation is being reduced.''.
(b) Technical Corrections.--Section 807 (16 U.S.C. 6806) is
amended--
(1) in subsection (b), by striking ``this Act'' and
inserting ``this title'';
(2) in subsection (d), by striking ``section 5(a)(7)'' and
inserting ``section 6804(a)(7)''; and
(3) in subsection (e), by striking ``section 5(d)'' and
inserting ``section 6804(d)''.
SEC. 8. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Section 808(a) (16
U.S.C. 6807(a)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) shall be used to develop and enhance existing
recreation opportunities;
``(3) shall directly benefit visitors to Federal
recreational lands and waters;''; and
(3) in paragraph (5), as redesignated by paragraph (1)--
(A) in subparagraph (A), by inserting ``visitor''
before ``health''; and
(B) by striking subparagraph (E) and inserting the
following new subparagraph:
``(E) capital construction costs associated with
administering the recreation fee program; and''.
(b) Limitation on Use of Fees.--Section 808(b) (16 U.S.C. 6807(b))
is amended by striking the period at the end and inserting the
following: ``, reducing or limiting visitor access, to remove or close
facilities except when those facilities are being replaced or updated,
and acquisition of lands and waters.''.
(c) Overhead, Administrative, and Collection Costs Cap.--Subsection
(c) of section 808 (16 U.S.C. 6807) is amended to read as follows:
``(c) Overhead, Administrative, and Collection Costs Cap.--
``(1) Overhead and administrative costs.--The Secretary may
not use more than five percent of total revenues collected
annually under this title for overhead and administrative
costs.
``(2) Collection costs.--The Secretary may not spend more
than 20 percent of total revenues collected annually under this
title for all direct fee collection costs.
``(3) Use of certain revenues.--Revenues from special
recreation permits issued to recreation service providers under
subparagraphs (B) and (C) of section 803(h)(1) shall be used--
``(A) to partially offset the Secretary's direct
cost of administering the permits; and
``(B) to improve and stream-line the permitting
process.''.
(d) Notice of Fee Projects.--Section 808 (16 U.S.C. 6807) is
amended by adding at the end the following new subsection:
``(e) Notice of 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
title.''.
(e) Technical Corrections.--Section 808 (16 U.S.C. 6807) is further
amended--
(1) in subsection (a)(5)(F), as redesignated by subsection
(a)(1), by striking ``section 6(a)'' and inserting ``section
6805(a)''; and
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``this Act'' and inserting ``this title'';
(B) in paragraph (1), by striking ``section
5(a)(7)'' and inserting ``section 6804(a)(7)''; and
(C) in paragraph (2), by striking ``section 5(d)''
and inserting ``section 6804(d)''.
SEC. 9. REPORTING REQUIREMENTS.
Section 809 (16 U.S.C. 6808) is amended to read as follows:
``SEC. 809. REPORTING REQUIREMENTS.
``(a) Cost Accounting Systems.--The Secretaries shall develop and
maintain cost accounting systems necessary to accurately track, manage,
and report fee receipts and expenditures at each unit. The Secretary
may extend fee revenue to acquire and develop such systems as needed,
as a direct operating or administration cost allowed under section
808(c).
``(b) Annual Reporting.--No later than May 1, 2016, and annually
thereafter, the Secretary shall compile by each agency, broken down by
unit, a separate accounting for the preceding fiscal year of--
``(1) total recreational fee revenue collected by type;
``(2) expenditures by project from these accounts;
``(3) a description of how expenditure benefitted visitors
to the unit;
``(4) any new fees established; and
``(5) any changes in existing fees.
``(c) Submission.--No later than June 1 of each year, the Secretary
shall--
``(1) display all information required under this section
prominently on each agency's website and on the website
identified in section 804(b)(2); and
``(2) provide notice of such information to the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
``(d) Audits.--The Secretary shall develop a program of regular
audits at fee collection units to ensure accountability of funds
collected under this title and all expenditures under this title.''.
SEC. 10. SUNSET PROVISION.
Section 810 (16 U.S.C. 6809) is amended--
(1) by striking ``this Act'' and inserting ``this title'';
and
(2) by striking ``10 years after the date of the enactment
of this Act'' and inserting ``on December 31, 2020''.
SEC. 11. VOLUNTEERS.
(a) Waiver or Discount of Fees; Site-Specific Agency Pass.--Section
811(b) (16 U.S.C. 6810(b)) is amended by striking ``standard amenity
recreation fee, or an expanded amenity recreation fee'' and inserting
``day use fee, or amenity fee''.
(b) Technical Corrections.--Section 811 (16 U.S.C. 6810) is
amended--
(1) in subsection (b), by striking ``section 5(c)'' and
inserting ``section 6804(c)'';
(2) in subsection (c), by striking ``section 5(a)(7)'' and
inserting ``section 6804(a)(7)''; and
(3) in subsection (d), by striking ``section 5(d)'' and
inserting ``section 6804(d)''.
SEC. 12. ENFORCEMENT.
(a) Required Payment.--Section 812 (16 U.S.C. 6811) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Required Payment.--
``(1) In general.--Any person within a site or an area for
which an entrance fee or day use fee is charged is required to
pay the entrance fee or day use fee.
``(2) Exception.--Paragraph (1) does not apply to a person
who--
``(A) is using a valid National Parks and Federal
Recreational Lands Pass; or
``(B) is a volunteer with a waiver or discount of
fees under section 811(b).
``(3) Receipt.--Upon payment of an entrance fee or day use
fee by a person, the Secretary shall provide for the issuance
to the person of a nontransferable receipt or other form of
proof of payment, valid for entry and reentry into the same
site or area for a period of no less than one day.''.
(b) Technical Corrections.--Section 812 (16 U.S.C. 6811) is further
amended--
(1) in subsection (a), by striking ``this Act'' and
inserting ``this title''; and
(2) in subsection (e), as redesignated by subsection
(a)(1), by striking ``this Act'' and inserting ``this title''.
SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEES.
(a) Repeal of Additional Provisions.--Section 813(a) (16 U.S.C.
6812(a)) is amended by striking ``and (i) (except for paragraph
(1)(C))'' and inserting ``(i), (l), (m), and (n) (except for paragraph
(5))''.
(b) Transition.--Section 813 (16 U.S.C. 6812) is amended by adding
at the end the following new subsection:
``(g) Transition.--The Secretaries may continue to collect
recreational fees in existence on the date of the enactment of the
Federal Lands Recreation Enhancement Modernization Act of 2014 for up
to 18 months after the date of the enactment of such Act during which
time the Secretaries shall bring their relevant recreation fee
structures into compliance with the amendments made by such Act.''.
(c) Technical Corrections.--Section 813 (16 U.S.C. 6812) is further
amended--
(1) in subsection (a), by striking ``section 5(a)(3)'' and
inserting ``section 6804(a)(3)'';
(2) in subsection (d), by striking ``section 5(a)(3)'' and
inserting ``section 6804(a)(3)'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``this Act'' both places it
appears and inserting ``this title''; and
(ii) by striking ``section 7'' and
inserting ``section 6806'';
(B) in paragraph (2)--
(i) by striking ``this Act'' and inserting
``this title''; and
(ii) by striking ``section 5(a)(3)'' and
inserting ``section 6804(a)(3)'';
(C) in paragraph (3), by striking ``this Act'' both
places it appears and inserting ``this title''; and
(D) in paragraph (4), by striking ``this Act'' both
places it appears and inserting ``this title''; and
(4) in subsection (f), by striking ``this Act'' both places
it appears and inserting ``this title''.
SEC. 14. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Section 814 (16 U.S.C. 6813) is amended by adding
at the end the following new subsection:
``(g) Pass Acceptance by Concessionaires.--A concession contract or
permit for recreation services that is otherwise within the scope of an
exemption from chapter 67 of title 41, United States Code, shall not be
outside the scope of that exemption because the concessionaire or
recreation service provider accepts a recreation pass or provides a
discount under section 803 of this title.''.
(b) Technical Corrections.--Section 814 (16 U.S.C. 6813) is further
amended--
(1) in subsection (a), by striking ``this Act'' and
inserting ``this title'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``this Act'' and inserting
``this title''; and
(ii) by striking ``section 6(a)'' and
inserting ``section 6805(a)''; and
(B) in paragraph (5), by striking ``August 8,
1937'' and inserting ``August 28, 1937''; and
(3) in subsections (c) through (f), by striking ``this
Act'' each place it appears and inserting ``this title''.
Calendar No. 537
113th CONGRESS
2d Session
H. R. 5204
[Report No. 113-706, Part I]
_______________________________________________________________________
A BILL
To amend the Federal Lands Recreation Enhancement Act to improve
recreation opportunities and increase consistency and accountability in
the collection and expenditure of recreation fees collected on public
lands and forests, and for other purposes.
_______________________________________________________________________
December 22, 2014
Reported from the Committee on Natural Resources
December 22, 2014
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed