Text: H.R.4690 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 4690 IH
102d CONGRESS
2d Session
 H. R. 4690
To amend the Land and Water Conservation Fund Act of 1965 to provide for the
establishment of the America the Beautiful Passport to facilitate access to
certain federally-administered lands and waters, and enhance recreation and
visitor facilities thereon.
IN THE HOUSE OF REPRESENTATIVES
March 26, 1992
Mr. LAGOMARSINO (for himself, Mr. REGULA, Mr. TALLON, Mr. MCDADE, Mr. LEWIS
of Florida, Mr. KOLBE, Mr. GLICKMAN, Mr. CAMPBELL of Colorado, and Mr. RHODES)
introduced the following bill; which was referred to the Committee on Interior
and Insular Affairs
A BILL
To amend the Land and Water Conservation Fund Act of 1965 to provide for the
establishment of the America the Beautiful Passport to facilitate access to
certain federally-administered lands and waters, and enhance recreation and
visitor facilities thereon.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TITLE I--RECREATION ADMISSION FEES AND USE FEES
SECTION 101. SHORT TITLE.
  This title may be cited as the `America the Beautiful Passport Act of 1991'.
SEC. 102. AMERICA THE BEAUTIFUL PASSPORT.
  (a) GENERAL ADMISSION FEE AUTHORITY- Section 4(a) of the Land and Water
  Conservation Fund Act of 1965 (16 U.S.C. 4601-6a) is amended by striking
  out the first sentence and inserting in lieu thereof the following:
  `The Secretary of the Interior and the Secretary of Agriculture are
  authorized to charge admission fees at any land and water area which they
  administer and which they designate for such charges, except that the
  Secretary of Agriculture is authorized to charge admission fees only at
  national recreation areas, national monuments, national volcanic monuments,
  national scenic areas, and developed recreation complexes within the National
  Forest System. All fees shall be established in accordance with subsection
  (d) of this section.'.
  (b) AMERICA THE BEAUTIFUL PASSPORT- Section 4(a)(1)(A) of the Land and Water
  Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(1)(A)) is amended to
  read as follows:
  `(1)(A) For admission into any such designated area, an admission permit,
  to be known as the America the Beautiful Passport, valid for the 12-month
  period beginning in the month of sale, shall be available for a fee set
  by the Secretary of the Interior, acting jointly with the Secretary of
  Agriculture. Such fee shall initially be set at $30, and the Secretary
  of the Interior, acting jointly with the Secretary of Agriculture, is
  authorized to make changes to this fee. When considering such changes,
  the Secretaries shall consult the Federal Recreation Fee Advisory
  Commission established pursuant to subparagraph (D) of this paragraph. The
  permittee and any person accompanying the permittee in a single, private,
  noncommercial vehicle, or alternatively, the permittee and the permittee's
  spouse, children, and parents accompanying the permittee where entry
  to the area is by any means other than a private noncommercial vehicle,
  shall be entitled to general admission into any area designated pursuant
  to this subsection. The holder of a permit under this subparagraph shall
  not be subject to the additional fees charged pursuant to subsections (b)
  and (c) of this section, except for overnight camping fees or the use of
  group facilities. The permit shall be nontransferable, and the unlawful
  use thereof shall be punishable in accordance with regulations established
  pursuant to subsection (e) of this section. The permit shall be available
  for purchase at any such designated area.'.
  (c) GEOGRAPHIC PERMITS- Section 4(a)(1)(B) of the Land and Water Conservation
  Fund Act of 1965 (16 U.S.C. 4601-6a(a)(1)(B)) is amended to read as follows:
  `(B) The Secretary of the Interior and the Secretary of Agriculture are
  authorized to make available an admission permit, valid for the 12-month
  period beginning in the month of sale, for one or more designated areas in
  a particular geographic area. Such permit shall convey the privileges of,
  and shall be subject to the same terms and conditions as, the America the
  Beautiful Passport, except that it shall be valid only for admission into
  the specific area or areas indicated at the time of purchase. The fee for
  such a  permit shall be $15, except that either Secretary may charge the
  fee for areas they administer in consultation with the Federal Recreation
  Fee Advisory Commission established pursuant to subparagraph (D) of this
  paragraph. Funds collected from the sales of geographic permits shall be
  allocated directly to those areas which collected the fees.'.
  (d) SALE OF AMERICA THE BEAUTIFUL PASSPORTS BY NON-FEDERAL ENTITIES-
  Section  4(a)(1) of the Land and Water Conservation Fund Act of 1965
  (16 U.S.C. 4601-6a(a)(1)) is amended by adding at the end thereof the
  following new subparagraphs:
  `(C) The Secretary of the Interior, acting jointly with the Secretary of
  Agriculture, may authorize units of State or local government, organizations,
  businesses, and nonprofit entities to sell and collect fees for the America
  the Beautiful Passport, subject to such conditions as the Secretaries may
  jointly prescribe. The Secretaries may authorize the seller or sellers to
  maintain an inventory of America the Beautiful Passports for periods not to
  exceed 6 months and to withhold reasonable amounts up to, but not exceeding,
  10 percent of the gross fees collected from America the Beautiful Passport
  sales as reimbursement for necessary expenses of the sales. The sellers
  shall provide information to America the Beautiful Passport purchasers
  about recreation activities on Federal lands.
  `(D) Notwithstanding any other provision of law, all net receipts from
  the sales of permits pursuant to subparagraph (C) shall be deposited into
  a special account in the Treasury. Amounts deposited into the special
  account during each fiscal year shall, after the end of such fiscal year,
  be available for appropriation to any agency collecting fees under this
  section to fund the agency portion of challenge cost-share agreements. Such
  funds shall be allocated to the various agencies based on their pro-rata
  share of America the Beautiful Passport sales. Projects to be funded under
  this subparagraph are projects for the repair, maintenance, construction,
  or rehabilitation of outdoor recreation lands and facilities at Federal
  sites in cooperation with non-Federal entities that provide not less than
  50 percent of the total cost of the project, which may be in the form of
  cash or inkind services. Priority shall be given to projects at Federal
  fee collection sites. Funds appropriated from the special account shall
  remain available until expended.'.
  (e) FEDERAL RECREATION FEE ADVISORY COMMISSION- Section  4(a)(1) of the
  Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(1)),
  as amended by subsection (d), is further amended by adding at the end
  thereof the following new subparagraph:
  `(E)(i) Subject to the Federal Advisory Committee Act (5 U.S.C. App.),
  there is hereby established the Federal Recreation Fee Advisory Commission
  (hereinafter in this subparagraph referred to as the `Commission') which
  shall consist of 5 individuals appointed by the President. Members of the
  Commission shall be appointed within 90 days after the date of enactment of
  this subparagraph, serve 3-year terms, and shall not receive compensation
  by reason of such service, except that members of the Commission may be
  reimbursed for reasonable travel and other expenses associated with the
  performance of their duties pursuant to this subparagraph.
  `(ii) Within one year after the date of enactment of this subparagraph, and
  biannually thereafter, the Commission shall prepare an advisory report for
  the Secretary of the Interior and the Secretary of Agriculture regarding
  the admission fee system established by this section, including the fee
  charged for the America the Beautiful Passport, the designation of sites
  where admission fees are collected, the amount of fees at designated and
  proposed sites, and whether the America the Beautiful Passport should
  waive recreation fees.
  `(iii) The Secretary of the Interior and the Secretary of Agriculture
  are authorized to provide essential support staff and services to the
  Commission, at the request of the Commission.
  `(iv) The Commission shall terminate upon the transmittal of its fourth
  biannual report to the Secretary of the Interior and the Secretary of
  Agriculture.'.
  (f) DEVELOPED RECREATION COMPLEXES- Section 4(a)(1) of the Land and
  Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(1)), as amended
  by subsection (e), is further amended by adding at the end thereof the
  following new subparagraph:
  `(F)(i) For the purposes of this subsection, the term `developed recreation
  complexes' means areas administered by the Secretary of Agriculture and
  includes:
  `(I) Seeley Lake, Montana.
  `(II) Brainard Lake, Rampart Motorcycle Complex, Cottonwood Lake, and
  O'Haver Lake, Colorado.
  `(III) Hopewell Lake, New Mexico.
  `(IV) Sabino Canyon, Bear Canyon, and Lower Salt River, Arizona.
  `(V) Current Creek, Soldier Creek, and Strawberry Bay, Utah.
  `(VI) Big Tujumga Canyon, Corral Canyon, and Jenks Lake, California.
  `(VII) Sand Lake All-Terrain Vehicle Complex, Horsfall All-Terrain Vehicle
  Complex, and Applegate Reservoir, Oregon.
  `(VIII) Lake Kachess, Washington.
  `(IX) Chadwich Motorcycle Complex, Missouri; and
  `(X) Tuckerman Ravine, New Hampshire.
  `(ii) By using the criteria specified in subsection (d) of this section,
  the Secretary of Agriculture may, beginning 60 days after notifying the
  Committee on Interior and Insular Affairs and the Committee on Agriculture
  of the House of Representatives and the Committee on Energy and Natural
  Resources and the Committee on Agriculture, Nutrition, and Forestry of the
  Senate, charge an admission fee at developed recreation complexes within
  the National Forest System in addition to those specified in clause (i).'.
  (g) REPEAL OF CERTAIN ADMISSION FEE REQUIREMENTS- Section 4(a)(2) of the
  Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2))
  is amended by striking out the fourth, sixth, and seventh sentences, and
  inserting at the end the following: `Provided, That the Secretary of the
  Interior, with the advice and consent of the Secretary of Agriculture,
  may change such fee upon the recommendation of the Federal Recreation Fee
  Advisory Commission established pursuant to subparagraph (D) of paragraph
  (1) of subsection (a) of this section: Provided further, That no single
  visit admission fee increase shall become effective prior to 60 days
  from the date notification of such proposed increase is received by the
  Committee on Interior and Insular Affairs and the Committee on Agriculture
  of the United States House of Representatives and the Committee on Energy
  and Natural Resources and the Committee on Agriculture, Nutrition, and
  Forestry of the United States Senate.
  (h) GOLDEN AGE PASSPORT- The second sentence of section 4(a)(4) of the
  Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(4)) is
  amended to read as follows: `Such permit shall be nontransferable, shall
  be issued without charge, and shall entitle the permittee and spouse when
  traveling in a single, private, noncommercial vehicle, or alternatively,
  the permittee and spouse where entry to the area is by any means other
  than private, noncommercial vehicle, to general admission into any area
  designated pursuant to this subsection.'.
  (i) AGE EXEMPTION FOR ADMISSION FEE- Section 4(a)(7) of the Land and Water
  Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(7)) is amended to read
  as follows:
  `(7) No admission fee may be charged pursuant to this subsection of any
  person less than 16 years of age.'.
  (j) REPEAL OF SINGLE VISIT FEE LIMITATION AT CERTAIN PARKS- Section 4(a) of
  the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(7))
  is amended by striking out paragraph (11) and redesignating paragraph (12)
  as paragraph (11).
SEC. 103. RECREATION USE FEES.
  (a) RECREATION USE FEES- Section 4(b) of the Land and Water Conservation
  Fund Act of 1965 (16 U.S.C. 4601-6a(b)) is amended to read as follows:
  `(b) RECREATION USE FEES- Each Federal agency developing, administering,
  providing, or furnishing at Federal expense developed recreation sites shall,
  in accordance with this subsection and subsection (d) of this section,
  provide for the collection of daily recreation use fees at the place of
  use or any reasonably convenient location. In no event shall there be a
  charge by any such agency for the use, either singly or in any combination,
  of drinking water, wayside exhibits, general purpose roads, overlook sites,
  visitor centers, toilet facilities, or picnic tables. For purposes of this
  subsection, developed recreation sites include, but are not limited to,
  campgrounds and picnic grounds which have been developed for public use,
  swimming sites, boat launch ramps, and managed parking lots. Any Golden
  Age Passport permittee, or permittee under paragraph (5) of subsection
  (a) of this section, shall be entitled upon presentation of such permit
  to utilize such developed recreation sites at a rate of 50 percent of the
  established use fee.'.
  (b) RECREATION PERMITS- Section 4(c) of the Land and Water Conservation
  Fund Act of 1965 (16 U.S.C. 4601-6a(c)) is amended to read as follows:
  `(c) RECREATION PERMITS- Special recreation permits for uses such as group
  activities, backcountry overnight camping, recreation events, motorized
  recreation vehicles and other specialized recreation uses may be issued in
  accordance with procedures and at fees established by the agency involved.'.
  (c) SPECIAL FUND FOR FEES COLLECTED- (1) Section 4(i)(1) of the Land and
  Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(i)(1)) is amended
  to read as follows:
  `(i)(1) All receipts from fees collected pursuant to this section by any
  Federal agency (or by any public or private entity under contract with a
  Federal agency) shall be covered into a special account for that agency
  established in the Treasury of the United States, except as provided by
  subsection (a)(1)(D) and (a)(1)(B).'.
  (2) Section 4(i)(3) of the Land and Water Conservation Fund Act of 1965
  (16 U.S.C. 4601-6a(i)(3)) is amended to read as follows:
  `(3) For all agencies collecting fees in accordance with this section, such
  funds shall be made available for resource management, visitor services,
  maintenance and fee collection on lands and waters administered by the
  agency collecting the recreation receipts.'.
  (3) Section 4(i) of the Land and Water Conservation Fund Act of 1965
  (16 U.S.C. 4601-6a(i)) is amended by striking out paragraph (4).
  (d) REPEAL OF DISTRIBUTION FORMULA- Section 4 of the Land and Water
  Conservation Fund Act of 1965 (16 U.S.C. 4601-6) is amended by striking out
  subsection (j) and redesignating subsections (k) through (m) as subsections
  (j) through (l), respectively.
  (e) NATIONAL FOREST SYSTEM RECREATION USE RECEIPTS- Section 4 of the Land
  and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6), as amended
  by subsection (d), is further amended by adding at the end thereof the
  following:
  `(m) NATIONAL FOREST SYSTEM, RECREATION USE RECEIPTS- Notwithstanding any
  other provision of law, receipts collected by the Secretary of Agriculture
  pursuant to subsections (a)(1)(A) and (a)(1)(B) of this section shall--
  `(1) be collected at the place of use or other location reasonably convenient
  to the user and the authorized collector;
  `(2) be treated as moneys received from a national forest for the purposes
  of distribution to States and counties pursuant to the Act of May 23,
  1908, and the Act of March 1, 1911 (16 U.S.C. 500), and section 33 of the
  Act of July 22, 1937 (7 U.S.C. 1012); and
  `(3) not be subject to the first section of the Act of March 4, 1913
  (16 U.S.C. 501).'.
SEC. 104. EFFECTIVE DATE.
  (a) IN GENERAL- The amendments made by this title shall take effect no
  later than 180 days after the date of enactment of this title.
  (b) VALID EXISTING ADMISSION AND RECREATION PERMITS- An admission or
  recreation permit issued under section 4 of the Land and Water Conservation
  Fund Act of 1965 which would be valid but for the amendments made by this
  title shall be treated as an admission or recreation permit issued under
  such section after the effective date of this title.