Text: H.R.3283 — 108th Congress (2003-2004)All Information (Except Text)

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Introduced in House (10/08/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 3283 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3283

To improve recreational facilities and visitor opportunities on Federal 
  recreational lands by reinvesting receipts from fair and consistent 
         recreational fees and passes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2003

Mr. Regula (for himself, Mr. Wamp, Mr. Sherwood, Mr. Souder, Mr. Petri, 
Mr. Peterson of Pennsylvania, and Mr. Hobson) introduced the following 
bill; which was referred to the Committee on 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

_______________________________________________________________________

                                 A BILL


 
To improve recreational facilities and visitor opportunities on Federal 
  recreational lands by reinvesting receipts from fair and consistent 
         recreational fees and passes, 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 AND TABLE OF CONTENTS.

    (a) Short Title.-- This Act 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. Purposes and principles.
Sec. 3. Definitions.
Sec. 4. General recreation fee authority.
Sec. 5. Basic recreation fee.
Sec. 6. Expanded recreation fee.
Sec. 7. Special recreation permit fee.
Sec. 8. General recreation pass authority.
Sec. 9. America the Beautiful--the National Parks and Federal 
                            Recreational Lands Pass.
Sec. 10. Other recreation passes.
Sec. 11. Miscellaneous administrative provisions regarding recreation 
                            fees and recreation passes.
Sec. 12. Volunteers.
Sec. 13. Special accounts and distribution of recreation fees and 
                            recreation pass revenues.
Sec. 14. Expenditures from special accounts.
Sec. 15. Enforcement and protection of receipts.
Sec. 16. Repeal of superseded admission and use fee authorities.
Sec. 17. Relation to other laws and fee collection authorities.

SEC. 2. PURPOSES AND PRINCIPLES.

    (a) Purposes.--The purposes of this Act are--
            (1) to enhance visitor opportunities regarding Federal 
        public lands by creating a seamless Federal system of 
        recreation opportunities;
            (2) to enhance the visitor experience by investing 
        recreation fees in improving recreation opportunities regarding 
        Federal public lands;
            (3) to reduce the huge deferred maintenance backlog that 
        adversely affects visitor use and enjoyment of Federal 
        recreational facilities and lands, by focused use of visitor 
        fee revenues;
            (4) to help protect and enhance the natural resource, 
        historic, cultural, and other special values of Federal public 
        lands and National Parks that attract hundreds of millions of 
        visitors every year;
            (5) to establish a permanent recreation fee program that 
        allows the fees to be used primarily at the site of collection;
            (6) to establish a permanent recreation fee program so that 
        important investments in technology may be made;
            (7) to streamline, simplify, and improve the recreation fee 
        program; and
            (8) to streamline, simplify, and improve the interagency 
        national recreation pass program.
    (b) Principles.--The following principles apply to the recreation 
fee program authorized by this Act:
            (1) Beneficial to the visiting public.--A majority of the 
        revenue generated by recreation fees should be retained and 
        used at the site where the fees are collected to benefit the 
        visiting public by enhancing the resources, facilities, 
        activities, services, and programs used by the visiting public. 
        Recreation fees should be designed to provide the sites with 
        adequate resources to enhance and supply visitor services, 
        reduce the backlog of deferred maintenance, and restore and 
        enhance impacted or endangered resources.
            (2) Fair and equitable.--Recreation fees should also be 
        affordable for the visiting public and not significantly impact 
        visitation levels. Recreation fees should be reasonable and 
        based on a consistent and sound rationale. Recreation fee 
        systems should consider and address the relationship between 
        who pays the fee and who benefits from the resources, 
        facilities, activities, services, and programs provided by a 
        recreation program.
            (3) Efficient.--Recreation fees should be collected and 
        administered in a cost efficient, enforceable, and business-
        like manner.
            (4) Collaborative.--Recreation fees should be developed 
        with input from local communities and other interested persons. 
        Wherever possible or appropriate, Federal land management 
        agencies should coordinate fees with private entities and 
        local, State, and other Federal agencies so as to minimize 
        overlapping costs and simplify fees for the visiting public.
            (5) Convenient.--Recreation fees should be convenient to 
        pay and recreation passes should be easy to obtain. A variety 
        of payment and purchase location options (including credit 
        card, internet, automated fee machines, and vendor sales) 
        should be available as appropriate and feasible.
            (6) Accountable.--Federal land management agencies should 
        collect data and publish annually public documentation showing 
        how the recreation fee program is administered. Agencies should 
        evaluate the recreation fee program to consider cost of 
        collection, adherence to policy, use of revenues, fiscal 
        safeguards, and how well the program achieves organizational, 
        site, and community goals.
            (7) Consistent.--The visiting public should expect a 
        similar fee for similar resources, facilities, activities, 
        services, and programs across Federal land management agencies 
        or in a given geographic area. The costs and benefits 
        associated with a recreation fee or recreation pass should be 
        clearly illustrated and easily understood by the visiting 
        public.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Basic recreation fee.--The term ``basic recreation 
        fee'' means the fee authorized by section 5.
            (2) Expanded recreation fee.--The term ``expanded 
        recreation fee'' means the fee authorized by section 6.
            (3) Federal land management agency.--The term ``Federal 
        land management agency'' means the National Park Service, the 
        United States Fish and Wildlife Service, the Bureau of Land 
        Management, the Bureau of Reclamation, or the Forest Service.
            (4) National parks and federal recreational lands pass .--
        The term ``National Parks and Federal Recreational Lands Pass'' 
        means the interagency national pass authorized by section 9.
            (5) Passholder.--The term ``passholder'' means a person who 
        purchases or otherwise holds a recreation pass.
            (6) Recreation fee.--The term ``recreation fee'' means the 
        basic recreation fee, expanded recreation fee, or special 
        recreation permit fee.
            (7) Recreation pass.--The term ``recreation pass'' means 
        the National Parks and Federal Recreational Lands Pass or one 
        of the recreation passes available as authorized by section 10.
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                the National Park Service, the United States Fish and 
                Wildlife Service, the Bureau of Land Management, and 
                the Bureau of Reclamation; and
                    (B) the Secretary of Agriculture, with respect to 
                the Forest Service.
            (9) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture 
        acting jointly.
            (10) Special account.--The term ``special account'' means 
        the special account established in the Treasury under section 
        13 for a Federal land management agency.
            (11) Special recreation permit fee.--The term ``special 
        recreation permit fee'' means the fee authorized by section 7.

SEC. 4. GENERAL RECREATION FEE AUTHORITY.

    (a) Authority to Establish.--The Secretary concerned shall provide 
for the establishment of basic recreation fees, expanded recreation 
fees, and special recreation permit fees that are fair and equitable.
    (b) Establishment Guidelines.--The Secretary concerned shall 
establish guidelines identifying the process by which a Federal land 
management agency shall establish and change the amount charged for a 
basic recreation fee, expanded recreation fee, or special recreation 
permit fee. The guidelines shall contain a provision requiring that 
Federal land management agencies coordinate with each other, to the 
extent practicable, when establishing and changing such fees.
    (c) Considerations.--Before establishing and setting a price for a 
recreation fee, the Secretary concerned shall take into consideration 
the following:
            (1) The benefits and services provided to visitors paying 
        the recreation fee.
            (2) The public policy or management objectives served.
            (3) The effect of multiple fees charged to the public.
            (4) The direct and indirect cost to the Government.
            (5) The revenue benefits to the Government.
            (6) Fees charged at comparable sites or by other public 
        agencies.
            (7) The economic and administrative feasibility of fee 
        collection.
            (8) The price of the National Parks and Federal 
        Recreational Lands Pass.
    (d) Fees for Certain Activities Prohibited.--The Secretary 
concerned may not charge a basic recreation fee, expanded recreation 
fee, or special recreation permit fee--
            (1) for travel by private, noncommercial vehicles over any 
        national parkway or any road or highway established as a part 
        of the National Highway System (as defined in section 101 of 
        title 23, United States Code) that 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 of a Federal land 
        management agency at which fees are charged under this Act;
            (2) for travel by a person using a private, noncommercial 
        vehicle over any road or highway to any land in which the 
        person has any property right, if the land is within any unit 
        or area of a Federal land management agency at which fees are 
        charged under this Act;
            (3) for any person who has a right of access for hunting or 
        fishing privileges under a specific provision of law or treaty; 
        or
            (4) for any person who is engaged in the conduct of 
        official Federal, State, or local government business.
    (e) Waiver or Discount of Fees.--The Secretary concerned may waive 
or discount a basic recreation fee, expanded recreation fee, or special 
recreation permit fee, as considered appropriate by the Secretary 
concerned.
    (f) Fee Management Agreements.--Notwithstanding chapter 63 of title 
31, United States Code (commonly known as the Federal Grants and 
Cooperative Agreements Act), the Secretary concerned may enter into fee 
management agreements, including contracts, that provide for reasonable 
commissions, discounts, or reimbursements, with any governmental or 
nongovernmental entities to provide fee collection and processing 
services, including visitor reservation services.

SEC. 5. BASIC RECREATION FEE.

    (a) Fee Authorized.--Except as provided in subsection (b), the 
Secretary concerned may charge a basic recreation fee for the following 
locations:
            (1) Units of the National Park System.
            (2) National Conservation Areas.
            (3) National Recreation Areas.
            (4) National Monuments.
            (5) National Volcanic Monuments.
            (6) National Scenic Areas.
            (7) Areas of substantial investment by a Federal land 
        management agency, which refers to Federal lands or waters 
        under the jurisdiction of the Secretary concerned that are not 
        specified in paragraphs (1) through (6), but that--
                    (A) are managed for recreation purposes or contain 
                at least one major visitor attraction; and
                    (B) have had substantial investments, as determined 
                by the Secretary concerned, made in their facilities or 
                services, in restoring resource degradation in areas of 
                concentrated public use, including a visitor or 
                interpretive center, a trailhead facility, or a 
                developed parking lot, or in requiring the presence of 
                personnel of a Federal land management agency.
    (b) Limitations on Fees for Certain Persons, Activities, and 
Locations.--The Secretary concerned may not charge a basic recreation 
fee with respect to any of the following:
            (1) A person under 16 years of age.
            (2) Outings conducted for noncommercial educational 
        purposes by schools or bonafide academic institutions.
            (3) The following National Park System units:
                    (A) U.S.S. Arizona Memorial.
                    (B) Independence National Historical Park.
                    (C) Statue of Liberty National Monument.
                    (D) National Park System units in the District of 
                Columbia.
                    (E) The Arlington House-Robert E. Lee National 
                Memorial.
                    (F) Any National Park System unit covered by 
                section 203 of the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 410hh-2), other than Denali 
                National Park and Preserve.
                    (G) Any National Park System unit containing a deed 
                restriction on charging entrance fees.
            (4) For entrance on other routes into the Great Smoky 
        Mountains National Park, or any part thereof, unless a basic 
        recreation fee is charged for entrance into that park on main 
        highways and thoroughfares.
            (5) For any person who visits a unit or area under the 
        jurisdiction of the United States Fish and Wildlife Service and 
        is the holder of 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 Migratory Bird 
        Hunting Stamp Act or Duck Stamp Act).
            (6) For any person engaged in a nonrecreational activity 
        authorized under a valid permit issued under any other Act, 
        including a valid grazing permit.
    (c) Fee-Free Day.--At every unit or area of a Federal land 
management area that charges a basic recreation fee, that Secretary 
concerned shall designate at least one day annually during periods of 
high visitation as a ``Fee-Free Day'' when no basic recreation fee is 
charged.

SEC. 6. EXPANDED RECREATION FEE.

    (a) Fee Authorized.--The Secretary concerned may charge an expanded 
recreation fee, either in addition to a basic recreation fee or by 
itself, at Federal lands or waters under the jurisdiction of a Federal 
land management agency when the Secretary concerned determines that the 
visitor to those lands or waters--
            (1) receives or is provided a direct service;
            (2) uses a specific or specialized facility or equipment in 
        association with the recreation activity;
            (3) requires additional attention by staff, representatives 
        or contractors of the Federal land management agency; or
            (4) participates in an activity that involves more costs to 
        the Federal land management agency than the costs associated 
        with the basic recreation fee.
    (b) Limitations on Fees for Certain Persons, Activities, and 
Locations.--The Secretary concerned may not charge an expanded 
recreation fee with respect to any of the following:
            (1) For general access to any Federal lands or waters under 
        the jurisdiction of a Federal land management agency.
            (2) For access to any of the following:
                    (A) A visitor center.
                    (B) A dispersed area with low or no investment.
                    (C) A scenic overlook.
                    (D) A basic, core interpretive program.
                    (E) A backcountry byway.
                    (F) A wayside.
                    (G) A drinking fountain.
                    (H) A restroom.
                    (I) An undeveloped parking area.
                    (J) an individual picnic table.
            (3) For special attention or extra services necessary to 
        meet the needs of individuals with disabilities.
            (4) For any person engaged in a nonrecreational activity 
        authorized under a valid permit issued under any other Act, 
        including a valid grazing permit.
    (c) Facilities and Services.--In accordance with subsection (a), 
but subject to subsection (b), an expanded recreation fee may be 
charged for facilities and services, including any of the following:
            (1) A developed campground.
            (2) A developed boat ramp.
            (3) A facility rental.
            (4) An equipment rental.
            (5) An enhanced interpretive program.
            (6) A reservation service.
            (7) A transportation service.
            (8) A special amenity.

SEC. 7. SPECIAL RECREATION PERMIT FEE.

    (a) Fee Authorized.--The Secretary concerned may require a special 
recreation permit, and charge a special recreation permit fee, for a 
recreation use, including any of the following:
            (1) A group activity.
            (2) A commercial tour, including commercial aircraft tour.
            (3) A recreation event.
            (4) Use of a motorized recreation vehicle.
            (5) A competitive event.
            (6) An outfitting and guiding activity.
            (7) An activity requiring an allocation of use.
            (8) An activity for which a permit is required to ensure 
        public safety.
    (b) Procedures and Guidelines.--If the Secretary concerned requires 
a special recreation permit for a recreation use, or charges a special 
recreation permit fee, the Secretary concerned shall establish 
procedures or guidelines to address the application and approval 
process for the special recreation permit and the special recreation 
permit fee levels.

SEC. 8. GENERAL RECREATION PASS AUTHORITY.

    (a) Effect and Use of Recreation Passes.--A recreation pass shall 
cover the basic recreation fee at any unit or area of a Federal land 
management agency that charges a basic recreation fee for the 
passholder and--
            (1) all persons traveling with the passholder in a 
        noncommercial motorized vehicle;
            (2) up to three persons accompanying the passholder and 
        traveling by means other than a motorized vehicle; or
            (3) up to three persons accompanying the passholder at 
        walk-up units or areas of a Federal land management agency.
    (b) Nontransferable.--A recreation pass is nontransferable.
    (c) Considerations.--Before establishing and setting a price for a 
recreation pass, the Secretary concerned shall take into consideration 
the following:
            (1) The considerations specified in section 4(c).
            (2) The visitor services and recreation opportunities to be 
        covered by the recreation pass.
            (3) The price of, and impact on, other recreation passes.
            (4) Visitor confusion with respect to other recreation 
        passes.
            (5) The impact on the incentive of a Federal land 
        management agency to sell the National Parks and Federal 
        Recreational Lands Pass.
            (6) The impact on the overall collection of recreation fees 
        authorized by this Act.
            (7) The basic recreation fees charged at units or areas of 
        the Federal land management agencies covered by the recreation 
        pass and the impact of the recreation pass on those fees.
    (d) Public Notice.--The Secretaries shall jointly take such steps 
as may be necessary to provide to the public information on the 
National Parks and Federal Recreational Lands Pass and other available 
recreation passes.

SEC. 9. AMERICA THE BEAUTIFUL--THE NATIONAL PARKS AND FEDERAL 
              RECREATIONAL LANDS PASS.

    (a) Recreation Pass Authorized.--
            (1) Availability and use.--The Secretaries shall jointly 
        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 basic recreation fee at all units and areas of the Federal 
        land management agencies for which a basic recreation fee is 
        charged.
            (2) Image competition for recreation pass.--The Secretaries 
        shall jointly 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--
                    (A) open to the public; and
                    (B) used as a means to educate the American people 
                about units and areas of the Federal land management 
                agencies.
            (3) Notice of establishment.--The Secretaries shall jointly 
        publish a notice in the Federal Register when the National 
        Parks and Federal Recreational Lands Pass is first established 
        and available for purchase.
    (b) 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.
    (c) Price.--The Secretaries shall jointly establish the price at 
which the National Parks and Federal Recreational Lands Pass will be 
sold to the public.
    (d) Sales Locations and Marketing.--
            (1) In general.--The Secretary concerned shall sell the 
        National Parks and Federal Recreational Lands Pass at all units 
        or areas of the Federal land management agencies at which a 
        basic recreation fee is charged and at such other locations as 
        the Secretaries consider appropriate and feasible.
            (2) Use of vendors.--The Secretary concerned may enter into 
        cooperative agreements or contracts with private vendors to 
        sell the National Parks and Federal Recreational Lands Pass.
            (3) Marketing.--The Secretaries shall jointly take such 
        actions as are appropriate to provide for the active marketing 
        of the National Parks and Federal Recreational Lands Pass.
    (e) Discounted Passes.--
            (1) Age discount.--The National Parks and Federal 
        Recreational Lands Pass shall be available, at a 50 percent 
        discount, to any citizen of, or person domiciled in, the United 
        States who is 62 years of age or older, provides adequate proof 
        of age, and provides adequate proof of citizenship or 
        residency.
            (2) Disability discount.--The National Parks and Federal 
        Recreational Lands Pass shall be available, without charge, to 
        any citizen of, or person domiciled in, the United States who 
        has a physical or mental impairment which substantially limits 
        one or more of the person's major life activities, as required 
        by section 7(20)(B)(i) of the Rehabilitation Act of 1973 (29 
        U.S.C. 701(20)(B)(i)), provides adequate documentation of the 
        such disability, and provides adequate proof of citizenship or 
        residency.
    (f) Administrative Guidelines.--The Secretaries shall jointly 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, 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.
    (g) Development and Implementation Agreements.--The Secretaries may 
jointly enter into cooperative agreements with governmental and 
nongovernmental entities for the development and implementation of the 
National Parks and Federal Recreational Lands Pass Program.
    (h) Prohibition on Other National Recreation Passes.--The Secretary 
concerned may not establish any national recreation pass, except as 
provided in this section.

SEC. 10. OTHER RECREATION PASSES.

    (a) Site-Specific Agency Passes.--The Secretary concerned may 
establish and charge a fee for a site-specific pass that will cover the 
basic recreation fee for a particular unit or area of a Federal land 
management agency for a specified period not to exceed 12 months.
    (b) Regional Multientity Passes.--
            (1) Passes authorized.--The Secretary concerned 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 concerned does 
        not have jurisdiction, the Secretary concerned 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 concerned 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 concerned shall take into 
        consideration all relevant visitor and sales data available 
        when entering into this agreement.

SEC. 11. MISCELLANEOUS ADMINISTRATIVE PROVISIONS REGARDING RECREATION 
              FEES AND RECREATION PASSES.

    (a) Notice of Basic Recreation Fees and Passes.--The Secretary 
concerned shall post clear notice of the basic recreation fee and 
available recreation passes at appropriate locations in each unit or 
area of a Federal land management agency where a basic recreation fee 
is charged. The Secretary concerned shall include such notice in 
publications distributed at the unit or area.
    (b) Notice of Recreation Fee Projects.--To the extent practicable, 
the Secretary concerned shall post clear notice of locations where work 
is performed using recreation fee or recreation pass revenues collected 
under this Act.

SEC. 12. VOLUNTEERS.

    (a) Authority to Use Volunteers.--The Secretary concerned 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 concerned may waive or 
discount a recreation fee that would otherwise apply to the volunteer 
or issue to the volunteer a site-specific agency pass authorized under 
section 10(a).
    (c) National Parks and Federal Recreational Lands Pass.--In 
accordance with the guidelines issued under section 9(f), the 
Secretaries may jointly 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 concerned may issue 
a regional multientity pass authorized under section 10(b) 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. 13. SPECIAL ACCOUNTS AND DISTRIBUTION OF RECREATION FEES AND 
              RECREATION PASS 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 concerned 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 concerned 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 under section 14 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.
    (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 9(f).
    (e) Distribution of Regional Multientity Pass Revenues.--Revenues 
collected from the sale of a regional multientity pass authorized under 
section 10(b) shall be deposited in each participating Federal land 
management agency's special account in accordance with the terms of the 
multientity agreement for the regional multientity pass.

SEC. 14. EXPENDITURES FROM SPECIAL ACCOUNTS.

    (a) Transfer and Use of Funds.--On request of the Secretary 
concerned, the Secretary of the Treasury shall transfer to the 
Secretary concerned from the special account for a Federal land 
management agency such amounts as the Secretary concerned considers 
necessary and appropriate. The Secretary concerned shall accept and use 
the transferred amounts in accordance with this section.
    (b) Use of Fees at Specific Unit or Area.--
            (1) Authorized uses.--Amounts available under section 
        13(c)(1) for expenditure at a specific unit or area of a 
        Federal land management agency may be used for the following 
        purposes:
                    (A) Backlogged repair and maintenance projects, 
                including projects relating to health and safety, and 
                other maintenance.
                    (B) Interpretation and signage.
                    (C) Habitat or facility enhancement.
                    (D) Resource preservation.
                    (E) Law enforcement related to public use.
                    (F) Bonding of volunteers.
                    (G) Direct operating or capital costs associated 
                with the imposition and collection of recreation fees 
                and the issuance of recreation passes.
            (2) Separate accounting.--Amounts available under section 
        13(c)(1) for expenditure at a specific unit or area of a 
        Federal land management agency shall be accounted for 
        separately from amounts available under section 13(c)(2).
    (c) Use of Fees Agency-wide.--Amounts available under section 
13(c)(2) to a Federal land management agency for expenditure agency-
wide may be used for the purposes described in subsection (b)(1) at 
units or areas selected by the Federal land management agency.
    (d) Use of Fees for Recreation Pass Programs.--
            (1) Administration and marketing costs.--Not more than 15 
        percent of the revenues collected from the sale of a recreation 
        pass may be used to fund administration and marketing costs 
        associated with that recreation pass.
            (2) Transitional exception.--Notwithstanding any other 
        provisions of this Act, the Secretary concerned may use amounts 
        available in the special account of a Federal land management 
        agency to supplement administration and marketing costs 
        associated with--
                    (A) the National Parks and Federal Recreational 
                Lands Pass during the five-year period beginning on the 
                date the joint guidelines are issued under section 
                9(f); and
                    (B) a regional multientity pass authorized under 
                section 10(b) during the five-year period beginning on 
                the date the regional multientity pass agreement for 
                that recreation pass takes effect.

SEC. 15. ENFORCEMENT AND PROTECTION OF RECEIPTS.

    (a) Enforcement Authority.--The Secretary concerned shall enforce 
payment of the 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 be 
considered prima facia evidence of 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) Penalties.--Failure to pay a required recreation fee shall be 
punishable as a Class B misdemeanor.
    (e) Theft of Fees.--
            (1) In general.--It is unlawful to break into forcibly, to 
        attempt to break into forcibly, or to tamper with any device 
        used to collect or store recreation fees, or any structure used 
        in whole or in part to collect or store fees, with intent to 
        commit larceny.
            (2) Penalties.--Any violation under paragraph (1) involving 
        a loss to the United States of less than $1,000 shall be 
        punishable as a Class B misdemeanor. Any violation under 
        paragraph (1) involving a loss to the United States of $1,000 
        or more, but less than $5,000, shall be punishable as a Class A 
        misdemeanor. Any violation under paragraph (1) involving a loss 
        to the United States of $5,000 or more shall be punishable as a 
        Class D felony.

SEC. 16. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.

    (a) Land and Water Conservation Fund Act.--Section 4 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is 
repealed, except that the Secretary concerned 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 9(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 9(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) 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) that was 
        valid on the day before the publication of the Federal Register 
        notice required under section 9(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.
    (f) 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 13 and shall be available to the Secretary 
        concerned 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).
            (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 9(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 concerned 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.
    (g) 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 concerned issues a regulation, guideline, 
or policy under this Act that supersedes the earlier regulation.

SEC. 17. 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 section 16, 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 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).
            (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.
                                 <all>