- TXT
-
PDF
(PDF provides a complete and accurate display of this text.)
Tip
?
113th Congress } { Rept. 113-706
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
FEDERAL LANDS RECREATION ENHANCEMENT MODERNIZATION ACT OF 2014
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 5204]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5204) 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, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
Purpose of the Bill
The purpose of H.R. 5204 is 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.
Background and Need for Legislation
Various forms of recreation fees have been charged on
federal lands since the early 1900s, when the first $5
automobile ``entrance fee'' was charged in Mount Rainier
National Park. Prior to 1996, most fee revenue was deposited
into the U.S. Treasury. Then, in 1996, Congress enacted Section
315 of the Fiscal Year 1996 Interior and Related Agencies
Appropriations Act (Public Law 104-134) which directed the
National Park Service, Bureau of Land Management (BLM), Fish
and Wildlife Service, and the U.S. Forest Service (USFS) to
implement a fee program ``to demonstrate the feasibility of
user generated cost recovery for the operation and maintenance
of recreation areas or sites and habitat enhancement projects
on Federal lands,'' known as Fee Demo. The program was
subsequently extended through December 30, 2005. However, on
December 8, 2004, the Consolidated Appropriations Act 2005
(Public Law 108-447, Division J, Title VIII) was enacted, which
repealed Fee Demo and enacted the Federal Lands Recreation
Enhancement Act (FLREA).
H.R. 5204 extends FLREA through December 31, 2020, and more
clearly defines and limits where the agencies can charge fees,
as well as improves consistency, accountability and
transparency in the collection and expenditure of Federal
recreation fees. The legislation maintains the basic principle
that those who have the opportunity to visit Federal recreation
sites, and benefit from the amenities and services provided,
should contribute more than those who choose not to visit. A
principle House Report 92-742 persuasively conveys:
Most members of the committee believe that those
people who are fortunate enough to be able to take the
time to use and enjoy these areas ought to be willing
to help, to some reasonable degree, to defray the cost
of providing them with these opportunities. No one
wants to price anyone out of these outdoor areas, but
neither do they want to unduly burden those who never
visit such areas--either for economic or other
reasons--with all of the costs of making these areas
and their related facilities available.
Revenue from recreation fees does not replace
appropriations for the basic operation and maintenance of
Federal recreational lands but, they do provide the agencies
with additional revenue solely to enhance visitors' experiences
on Federal lands, and improve and increase recreational
opportunities.
FLREA attempted to address public concerns about Fee Demo
and H.R 5204 makes additional changes to FLREA to continue to
refine and improve the Federal fee collection program. While
there have been advances in the program over the past 10 years,
Committee on Natural Resources hearings revealed that there are
still areas that need improvement. Witnesses identified several
key areas for improvement including: concern about the
agencies' broad interpretation of where fees can be charged; a
lack of transparency and consistency in the fee program;
concessioner acceptance of national passes; the difficulty and
expense of obtaining special recreation permits; and concern
over how revenue is spent.
H.R. 5204 improves consistency by specifying that FLREA is
the primary recreation fee authority. It clarifies and further
limits how and when BLM and USFS can charge day use fees
(formerly standard amenity fees) and ends the ability of the
agencies to charge for large areas with few amenities by
clearly defining what a site and an area are, and what
amenities are required. Further, to ensure that the agencies do
not add unnecessary facilities just to make an area qualify for
a fee, the legislation requires that the agency show that
facilities are needed to accommodate heavy use before a fee may
be charged.
To further improve consistency, the legislation gives the
relevant Secretary the authority to determine where a fee is
collected, but also requires the Secretary to develop a
standardized entrance and day use fee rate structure for
similar types of areas if a fee is required. As a further limit
on the agency's ability to unilaterally increase and create new
fees, any such new fees or changes would now require
Congressional approval.
Concessioners across the federal lands help improve the
recreation experience of millions of visitors each year by
providing goods and services. H.R. 5204 provides clearer
authority for concessions to operate on some BLM lands while
also providing the American public an opportunity to provide
comment on any new proposed concession-operated sites. The
legislation also allows the relevant Secretary to require
concessioners to accept passes for discounts at day use sites
and campgrounds when the concessioner can be reimbursed for
accepting the pass.
H.R. 5204 makes significant changes, and limits and
clarifies how special recreation permits can be issued. It
provides clear authorization to permit outfitters and guides,
and specifies how they are to be charged for their permit. The
legislation simplifies and streamlines the process of obtaining
a permit by providing a National Environmental Policy Act
exclusion for permits for existing activities and uses, as well
as for permit reauthorization. It also allows the agencies to
spend permit revenue to increase capacity to issue new permits.
To encourage better stewardship and help decrease deferred
maintenance needs, the legislation requires the Secretaries to
develop a program that allows permit holders to perform
approved service on the public lands in lieu of part of their
fee.
The legislation further clarifies that fee revenue must be
spent to directly improve a visitor's recreation experience. It
ensures that visitors who pay fees see the benefit of those
fees by changing the minimum amount retained at a collecting
site from 80% to 90%. It also reduces the amount that the
agencies can spend on overhead from 15% to 5% and on direct
collection costs from unlimited amounts to 20%.
Last, H.R. 5204 improves transparency by requiring the
agencies to report annually. It specifies that the agencies
must provide clear reporting on the amounts collected and what
projects the revenue is spent on. The agencies are required to
post the information clearly on the agency's website.
Recreation fees have become an important source of funding
to ensure that high quality recreation experiences are
available on federal recreational lands and waters. H.R. 5204
maintains the core of the fee program but also makes important
and substantial changes to limit how and where fees can be
charged, improve consistency, increase accountability, enhance
transparency and ensure that recreation users that pay fees
directly benefit from the fees they pay.
Committee Action
H.R. 5204 was introduced on July 25, 2014, by Congressman
Rob Bishop (R-UT) and was referred to the Committee on Natural
Resources. The bill was also referred to the Committee on
Agriculture. On July 30, 2014, the Natural Resources Committee
met to consider the bill. No amendments were offered, and the
bill was adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of the Congressional Budget Office. The Committee
believes that enactment of this bill will not have a
significant effect on the federal budget.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
DIVISION J--OTHER MATTERS
* * * * * * *
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
SEC. 802. DEFINITIONS.
In [this Act] this title:
[(1) Standard amenity recreation fee.--The term
``standard amenity recreation fee'' means the
recreation fee authorized by section 3(f).
[(2) Expanded amenity recreation fee.--The term
``expanded amenity recreation fee'' means the
recreation fee authorized by section 3(g).]
(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).
(3) Entrance fee.--The term ``entrance fee'' means
the recreation fee authorized to be charged to enter
onto lands managed by the National Park Service or the
United States Fish and Wildlife Service.
(4) Federal land management agency.--The term
``Federal land management agency'' or ``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.
(5) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' means lands
or waters managed by a Federal land management agency.
(6) National parks and federal recreational lands
pass.--The term ``National Parks and Federal
Recreational Lands Pass'' means the interagency
national pass authorized by [section 5] section 805.
(7) Passholder.--The term ``passholder'' means the
person who is issued a recreation pass.
(8) Recreation fee.--The term ``recreation fee''
means an entrance fee, [standard amenity recreation
fee, expanded amenity recreation fee] day use fee,
amenity fee, or special recreation permit fee.
(9) Recreation pass.--The term ``recreation pass''
means the National Parks and Federal Recreational Lands
Pass or one of the other recreation passes available as
authorized by [section 5] section 805.
(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.
[(10)] (11) Secretary.--The term ``Secretary''
means--
(A) the Secretary of the Interior, with
respect to a Federal land management agency
(other than the Forest Service); and
(B) the Secretary of Agriculture, with
respect to the Forest Service.
[(11)] (12) Secretaries.--The term ``Secretaries''
means the Secretary of the Interior and the Secretary
of Agriculture acting jointly.
[(12)] (13) Special account.--The term ``special
account'' means the special account established in the
Treasury under [section 7] section 807 for a Federal
land management agency.
[(13)] (14) Special recreation permit fee.--The term
``special recreation permit fee'' means the fee
authorized by [section 3(h)] section 803(h).
(15) Unit.--The term ``unit'' means an individual
unit of the National Park System, National Forest
System, National Wildlife Refuge System, or similar
area.
SEC. 803. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge,
and collect recreation fees at Federal recreational lands and
waters only as provided for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be
commensurate with the benefits and services provided to
the visitor.
(2) The Secretary shall consider the aggregate effect
of recreation fees on recreation users and recreation
service providers.
(3) The Secretary shall consider comparable fees
charged elsewhere and by other public agencies and by
nearby private sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
[(5) The Secretary shall obtain input from the
appropriate Recreation Resource Advisory Committee, as
provided in section 4(d).
[(6) The Secretary shall consider such other factors
or criteria as determined appropriate by the
Secretary.]
(5) The Secretary shall consider access to recreation
opportunities.
(c) Special Considerations.--The Secretary shall establish
the minimum number of recreation fees and shall avoid the
collection of multiple or layered recreation fees for similar
uses, activities, or programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or
services.--The Secretary shall not charge any [standard
amenity recreation fee or expanded amenity recreation
fee] day use fee or amenity fee for Federal
recreational lands and waters administered by the
Bureau of Land Management, the Forest Service, or the
Bureau of Reclamation under [this Act] this title for
any of the following:
[(A) Solely for parking, undesignated
parking, or picnicking along roads or
trailsides.
[(B) For general access unless specifically
authorized under this section.
[(C) For dispersed areas with low or no
investment unless specifically authorized under
this section.
[(D) For persons who are driving through,
walking through, boating through, horseback
riding through, or hiking through Federal
recreational lands and waters without using the
facilities and services.
[(E) For camping at undeveloped sites that do
not provide a minimum number of facilities and
services as described in subsection (g)(2)(A).
[(F) For use of overlooks or scenic
pullouts.]
(A) For any site, area, or activity, except
as specifically authorized under this section.
[(G)] (B) For travel by private,
noncommercial vehicle over any national parkway
or any road or highway established as a [part
of the Federal-aid System] Federal-aid highway,
as defined in section 101 of title 23, United
States Code, which is commonly used by the
public as a means of travel between two places
either or both of which are outside any unit or
area at which recreation fees are charged under
this Act
[(H)] (C) For travel by private,
noncommercial vehicle, boat, or aircraft over
any road or highway, waterway, or airway to any
land in which such person has any property
right if such land is within any unit or area
at which recreation fees are charged under this
Act
[(I)] (D) For any person who has a right of
access for hunting or fishing privileges under
a specific provision of law or treaty.
[(J)] (E) For any person who is engaged in
the conduct of official Federal, State, Tribal,
or local government business.
[(K)] (F) For special attention or extra
services necessary to meet the needs of the
disabled.
(2) Relation to fees for use of highways or roads.--
An entity that pays a special recreation permit fee or
similar permit fee shall not be subject to a road cost-
sharing fee or a fee for the use of highways or roads
that are open to private, noncommercial use within the
boundaries of any Federal recreational lands or waters,
as authorized under section 6 of Public Law 88-657 (16
U.S.C. 537; commonly known as the Forest Roads and
Trails Act).
(3) Prohibition on fees for certain persons or
places.--The Secretary shall not charge an entrance fee
or [standard amenity recreation fee] day use fee for
the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial
[educational purposes by schools or bona fide
academic institutions], 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.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the
National Park System within the District of
Columbia, or Arlington House-Robert E. Lee
National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great
Smoky Mountains National Park or any part
thereof unless fees are charged for entrance
into that park on main highways and
thoroughfares.
(F) Entrance on units of the National Park
System containing deed restrictions on charging
fees.
(G) An area or unit covered under section 203
of the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C.
410hh-2), with the exception of Denali National
Park and Preserve.
(H) A unit of the National Wildlife Refuge
System created, expanded, or modified by the
Alaska National Interest Lands Conservation Act
(Public Law 96-487).
(I) Any person who visits a unit or area
under the jurisdiction of the United States
Fish and Wildlife Service and who has been
issued a valid migratory bird hunting and
conservation stamp issued under section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b;
commonly known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational
activity authorized under a valid permit issued
under any other Act, including a valid grazing
permit.
(4) No restriction on recreation opportunities.--
Nothing in [this Act] this title shall limit the use of
recreation opportunities only to areas designated for
collection of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The
Secretary of the Interior may charge an entrance fee
for a unit of the National Park System, including a
national monument administered by the National Park
Service, or for a unit of the National Wildlife Refuge
System.
(2) 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).
[(2)] (4) Prohibited sites.--The Secretary shall not
charge an entrance fee for Federal recreational lands
and waters managed by the Bureau of Land Management,
the Bureau of Reclamation, or the Forest Service.
[(f) Standard Amenity Recreation Fee.--Except as limited by
subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the
following:
[(1) A National Conservation Area.
[(2) A National Volcanic Monument.
[(3) A destination visitor or interpretive center
that provides a broad range of interpretive services,
programs, and media.
[(4) An area--
[(A) that provides significant opportunities
for outdoor recreation;
[(B) that has substantial Federal
investments;
[(C) where fees can be efficiently collected;
and
[(D) that contains all of the following
amenities:
[(i) Designated developed parking.
[(ii) A permanent toilet facility.
[(iii) A permanent trash receptacle.
[(iv) Interpretive sign, exhibit, or
kiosk.
[(v) Picnic tables.
[(vi) Security services.]
(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.
(g) [Expanded Amenity Recreation] Amenity Fee.--
[(1) NPS and usfws authority.--Except as limited by
subsection (d), the Secretary of the Interior may
charge an expanded amenity recreation fee, either in
addition to an entrance fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the National Park Service or the United States Fish and
Wildlife Service when the Secretary of the Interior
determines that the visitor uses a specific or
specialized facility, equipment, or service.]
[(2)] (1) Other federal land management agencies.--
Except as limited by subsection (d), the Secretary may
charge an [expanded amenity recreation fee, either in
addition to a standard amenity fee] amenity fee, either
in addition to a day use fee or entrance fee or by
itself, at Federal recreational lands and waters [under
the jurisdiction of the Forest Service, the Bureau of
Land Management, or the Bureau of Reclamation, but
only] for the following facilities or services:
(A) Use of developed campgrounds that provide
at least a majority of the following:
(i) [Tent] Developed tent or trailer
spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an
employee or agent of the Federal land
management agency.
(vi) Reasonable visitor protection.
[(vii) Refuse containers.
[(viii) Toilet facilities.
[(ix) Simple devices for containing a
campfire.]
(vii) Trash collection.
(viii) Regularly serviced and well
maintained toilet facilities.
(B) Use of highly developed boat launches
with specialized facilities or services such as
mechanical or hydraulic boat lifts or
facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such
as boarding floats, loading ramps, or fish
cleaning stations.
(C) Rental of cabins, boats, stock animals,
lookouts, historic structures, group day-use or
overnight sites, audio tour devices, portable
sanitation devices, binoculars or other
equipment.
(D) Use of hookups for electricity, cable, or
sewer.
(E) Use of sanitary dump stations when the
user has not paid an amenity fee under
subparagraph (A) the prior night.
[(F) Participation in an enhanced
interpretive program or special tour.]
(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.
(G) Use of reservation services.
(H) Use of transportation services subject to
subsection (e)(3).
(I) Use of areas where emergency medical or
first-aid services are administered from
facilities staffed by public employees or
employees under a contract or reciprocal
agreement with the Federal Government.
(J) Use of developed swimming sites or hot
spring that provide at least a majority of the
following:
(i) Bathhouse with showers and [flush
toilets] regularly serviced and well
maintained toilets.
(ii) [Refuse containers] Trash
collection.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards
or swimming instructors.
(vi) Floats encompassing the swimming
area.
(vii) Swimming deck.
(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).
[(h) Special Recreation Permit Fee.--The Secretary may issue
a special recreation permit, and charge a special recreation
permit fee in connection with the issuance of the permit, for
specialized recreation uses of Federal recreational lands and
waters, such as group activities, recreation events, motorized
recreational vehicle use.]
(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.
(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.
SEC. 804. PUBLIC PARTICIPATION.
(a) In General.--As required in this section, the Secretary
shall provide the public with opportunities to participate in
the development of or changing of a recreation fee established
under [this Act] this title
[(b) Advance Notice.--The Secretary shall publish a notice in
the Federal Register of the establishment of a new recreation
fee area for each agency 6 months before establishment. The
Secretary shall publish notice of a new recreation fee or a
change to an existing recreation fee established under this Act
in local newspapers and publications located near the site at
which the recreation fee would be established or changed.
[(c) Public Involvement.--Before establishing any new
recreation fee area, the Secretary shall provide opportunity
for public involvement by--
[(1) establishing guidelines for public involvement;
[(2) establishing guidelines on how agencies will
demonstrate on an annual basis how they have provided
information to the public on the use of recreation fee
revenues; and
[(3) publishing the guidelines in paragraphs (1) and
(2) in the Federal Register.
[(d) Recreation Resource Advisory Committee.--
[(1) Establishment.--
[(A) Authority to establish.--Except as
provided in subparagraphs (C) and (D), the
Secretary or the Secretaries shall establish a
Recreation Resource Advisory Committee in each
State or region for Federal recreational lands
and waters managed by the Forest Service or the
Bureau of Land Management to perform the duties
described in paragraph (2).
[(B) Number of committees.--The Secretary may
have as many additional Recreation Resource
Advisory Committees in a State or region as the
Secretary considers necessary for the effective
operation of this Act
[(C) Exception.--The Secretary shall not
establish a Recreation Resource Advisory
Committee in a State if the Secretary
determines, in consultation with the Governor
of the State, that sufficient interest does not
exist to ensure that participation on the
Committee is balanced in terms of the points of
view represented and the functions to be
performed.
[(D) Use of other entities.--In lieu of
establishing a Recreation Resource Advisory
Committee under subparagraph (A), the Secretary
may use a Resource Advisory Committee
established pursuant to another provision of
law and in accordance with that law or a
recreation fee advisory board otherwise
established by the Secretary to perform the
duties specified in paragraph (2).
[(2) Duties.--In accordance with the procedures
required by paragraph (9), a Recreation Resource
Advisory Committee may make recommendations to the
Secretary regarding a standard amenity recreation fee
or an expanded amenity recreation fee, whenever the
recommendations relate to public concerns in the State
or region covered by the Committee regarding--
[(A) the implementation of a standard amenity
recreation fee or an expanded amenity
recreation fee or the establishment of a
specific recreation fee site;
[(B) the elimination of a standard amenity
recreation fee or an expanded amenity
recreation fee; or
[(C) the expansion or limitation of the
recreation fee program.
[(3) Meetings.--A Recreation Resource Advisory
Committee shall meet at least annually, but may, at the
discretion of the Secretary, meet as often as needed to
deal with citizen concerns about the recreation fee
program in a timely manner.
[(4) Notice of rejection.--If the Secretary rejects
the recommendation of a Recreation Resource Advisory
Committee, the Secretary shall issue a notice that
identifies the reasons for rejecting the recommendation
to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate not later than 30 days before
the Secretary implements a decision pertaining to that
recommendation.
[(5) Composition of the advisory committee.--
[(A) Number.--A Recreation Resource Advisory
Committee shall be comprised of 11 members.
[(B) Nominations.--The Governor and the
designated county official from each county in
the relevant State or Region may submit a list
of nominations in the categories described
under subparagraph (D).
[(C) Appointment.--The Secretary may appoint
members of the Recreation Resource Advisory
Committee from the list as provided in
subparagraph (B).
[(D) Broad and balanced representation.--In
appointing the members of a Recreation Resource
Advisory Committee, the Secretary shall provide
for a balanced and broad representation from
the recreation community that shall include the
following:
[(i) Five persons who represent
recreation users and that include, as
appropriate, persons representing the
following:
[(I) Winter motorized
recreation, such as
snowmobiling.
[(II) Winter non-motorized
recreation, such as
snowshoeing, cross country and
down hill skiing, and
snowboarding.
[(III) Summer motorized
recreation, such as
motorcycles, boaters, and off-
highway vehicles.
[(IV) Summer nonmotorized
recreation, such as
backpacking, horseback riding,
mountain biking, canoeing, and
rafting.
[(V) Hunting and fishing.
[(ii) Three persons who represent
interest groups that include, as
appropriate, the following:
[(I) Motorized outfitters and
guides.
[(II) Non-motorized
outfitters and guides.
[(III) Local environmental
groups.
[(iii) Three persons, as follows:
[(I) State tourism official
to represent the State.
[(II) A person who represents
affected Indian tribes.
[(III) A person who
represents affected local
government interests.
[(6) Term.--
[(A) Length of term.--The Secretary shall
appoint the members of a Recreation Resource
Advisory Committee for staggered terms of 2 and
3 years beginning on the date that the members
are first appointed. The Secretary may
reappoint members to subsequent 2- or 3-year
terms.
[(B) Effect of vacancy.--The Secretary shall
make appointments to fill a vacancy on a
Recreation Resource Advisory Committee as soon
as practicable after the vacancy has occurred.
[(C) Effect of unexpected vacancy.--Where an
unexpected vacancy occurs, the Governor and the
designated county officials from each county in
the relevant State shall provide the Secretary
with a list of nominations in the relevant
category, as described under paragraph (5)(D),
not later than two months after notification of
the vacancy. To the extent possible, a vacancy
shall be filled in the same category and term
in which the original appointment was made.
[(7) Chairperson.--The chairperson of a Recreation
Resource Advisory Committee shall be selected by the
majority vote of the members of the Committee.
[(8) Quorum.--Eight members shall constitute a
quorum. A quorum must be present to constitute an
official meeting of a Recreation Resource Advisory
Committee.
[(9) Approval procedures.--A Recreation Resource
Advisory Committee shall establish procedures for
making recommendations to the Secretary. A
recommendation may be submitted to the Secretary only
if the recommendation is approved by a majority of the
members of the Committee from each of the categories
specified in paragraph (5)(D) and general public
support for the recommendation is documented.
[(10) Compensation.--Members of the Recreation
Resource Advisory Committee shall not receive any
compensation.
[(11) Public participation in the recreation resource
advisory committee.--
[(A) Notice of meetings.--All meetings of a
Recreation Resource Advisory Committee shall be
announced at least one week in advance in a
local newspaper of record and the Federal
Register, and shall be open to the public.
[(B) Records.--A Recreation Resource Advisory
Committee shall maintain records of the
meetings of the Recreation Resource Advisory
Committee and make the records available for
public inspection.
[(12) Federal advisory committee act.--A Recreation
Resource Advisory Committee is subject to the
provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
[(e) Miscellaneous Administrative Provisions Regarding
Recreation Fees and Recreation Passes.--
[(1) Notice of entrance fees, standard amenity
recreation fees, and passes.--The Secretary shall post
clear notice of any entrance fee, standard amenity
recreation fee, and available recreation passes at
appropriate locations in each unit or area of a Federal
land management agency where an entrance fee or a
standard amenity recreation fee is charged. The
Secretary shall include such notice in publications
distributed at the unit or area.
[(2) Notice of recreation fee projects.--To the
extent practicable, the Secretary shall post clear
notice of locations where work is performed using
recreation fee or recreation pass revenues collected
under this Act]
(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. 805. RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall
establish, and may charge a fee for, an interagency
national pass to be known as the ``America the
Beautiful--the National Parks and Federal Recreational
Lands Pass'', which shall be available to United States
citizens and permanent residents and cover the entrance
fee and [standard amenity recreation fee] day use fee
for all Federal recreational lands and waters for which
an entrance fee or a [standard amenity recreation fee]
day use fee is charged.
(2) Image competition for recreation pass.--The
Secretaries [shall hold an annual] may hold a
competition to select the image to be used on the
National Parks and Federal Recreational Lands Pass for
a year. The competition shall be open to the public and
used as a means to educate the American people about
Federal recreational lands and waters.
(3) Notice of establishment.--The Secretaries shall
publish a notice in the Federal Register when the
National Parks and Federal Recreational Lands Pass is
first established and available for purchase.
(4) Duration.--The National Parks and Federal
Recreational Lands Pass shall be valid for a period of
12 months from the date of the issuance of the
recreation pass to a passholder, except in the case of
the age and disability discounted passes issued under
subsection (b).
(5) Price.--The Secretaries shall establish the price
at which the National Parks and Federal Recreational
Lands Pass will be sold to the public. 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.
(6) Sales locations and marketing.--
(A) In general.--The Secretary shall sell the
National Parks and Federal Recreational Lands
Pass at all Federal recreational lands and
waters at which an entrance fee or a [standard
amenity recreation fee] day use fee is charged
and at such other locations as the Secretaries
consider appropriate and feasible.
(B) Use of vendors.--The Secretary may enter
into fee management agreements as provided in
[section 6] section 6805.
(C) Marketing.--The Secretaries shall take
such actions as are appropriate to provide for
the active marketing of the National Parks and
Federal Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries shall
issue guidelines on administration of the National
Parks and Federal Recreational Lands Pass, which shall
include agreement on price, the distribution of
revenues between the Federal land management agencies,
the sharing of costs, benefits provided, marketing and
design, adequate documentation for age and disability
discounts under subsection (b), and the issuance of
that recreation pass to volunteers. The Secretaries
shall take into consideration all relevant visitor and
sales data available in establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the
development and implementation of the National Parks
and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation
passes.--The Secretary may not establish any national
recreation pass or discount pass, except as provided in
this section.
(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.--
(1) Age discount.--The Secretary shall make the
National Parks and Federal Recreational Lands Pass
available, at a cost of $10.00, to any United States
citizen or person domiciled in the United States who is
62 years of age or older, if the citizen or person
provides adequate proof of such age and such
citizenship or residency. The National Parks and
Federal Recreational Lands Pass made available under
this subsection shall be valid for the lifetime of the
pass holder.
(2) Disability discount.--The Secretary shall make
the National Parks and Federal Recreational Lands Pass
available, without charge, to any United States citizen
or person domiciled in the United States who has been
medically determined to be permanently disabled for
purposes of section 7(20)(B)(i) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)(B)(i)) or is a veteran
with a service-connected disability, as defined in
section 101 of title 38, United States Code, if the
citizen or person provides adequate proof of the
disability and such citizenship or residency. The
National Parks and Federal Recreational Lands Pass made
available under this subsection shall be valid for the
lifetime of the passholder.
(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.--The Secretary may establish
and charge a fee for a site-specific pass that will cover the
entrance fee or [standard amenity recreation fee] day use fee
for particular Federal recreational lands and waters for a
specified period not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish
and charge a fee for a regional multientity pass that
will be accepted by one or more Federal land management
agencies or by one or more governmental or
nongovernmental entities for a specified period not to
exceed 12 months. To include a Federal land management
agency or governmental or nongovernmental entity over
which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such
agency or entity.
(2) Regional multientity pass agreement.--In order to
establish a regional multientity pass under this
subsection, the Secretary shall enter into a regional
multientity pass agreement with all the participating
agencies or entities on price, the distribution of
revenues between participating agencies or entities,
the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The
Secretary shall take into consideration all relevant
visitor and sales data available when entering into
this agreement.
[(e) Discounted or Free Admission Days or Use.--The Secretary
may provide for a discounted or free admission day or use of
Federal recreational lands and waters.]
[(f)] (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), such as the Golden Eagle
Passport, the Golden Age Passport, the Golden Access
Passport, and the National Parks Passport, that was
valid on the day before the publication of the Federal
Register notice required under subsection (a)(3) shall
be valid in accordance with the terms agreed to at the
time of issuance of the passport, to the extent
practicable, and remain in effect until expired, lost,
or stolen.
(2) Permits.--A permit issued under section 4 of the
Land and Water Conservation Fund Act of 1965 that was
valid on the day before the date of the enactment of
this Act shall be valid and remain in effect until
expired, revoked, or suspended.
(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.
* * * * * * *
SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.
(a) Special Account.--The Secretary of the Treasury shall
establish a special account in the Treasury for each Federal
land management agency.
(b) Deposits.--Subject to subsections (c), (d), and (e),
revenues collected by each Federal land management agency under
[this Act] this title 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] 90 percent of the recreation fees and
site-specific agency pass revenues collected at
a specific unit [or area] of a Federal land
management agency shall remain available for
expenditure, without further appropriation,
until expended at that unit [or area].
(B) Reduction.--The Secretary may reduce the
percentage allocation otherwise applicable
under subparagraph (A) to a unit [or area] of a
Federal land management agency, but not below
60 percent, for a fiscal year if the Secretary
determines that the revenues collected at the
unit [or area] exceed the reasonable needs of
the unit [or area] for which expenditures may
be made for that fiscal year. 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.
(2) Agency-wide distribution of funds.--The balance
of the recreation fees and site-specific agency pass
revenues collected at a specific unit or area of a
Federal land management and not distributed in
accordance with paragraph (1) shall remain available to
that Federal land management agency for expenditure on
an agency-wide basis, without further appropriation,
until expended.
(3) Other amounts.--Other amounts collected at other
locations, including recreation fees collected by other
entities or for a reservation service, shall remain
available, without further appropriation, until
expended in accordance with guidelines established by
the Secretary.
(d) Distribution of National Parks and Federal Recreational
Lands Pass Revenues.--Revenues collected from the sale of the
National Parks and Federal Recreational Lands Pass shall be
deposited in the special accounts established for the Federal
land management agencies in accordance with the guidelines
issued under [section 5(a)(7)] section 6804(a)(7).
(e) Distribution of Regional Multientity Pass Revenues.--
Revenues collected from the sale of a regional multientity pass
authorized under [section 5(d)] section 6804(d) shall be
deposited in each participating Federal land management
agency's special account in accordance with the terms of the
region multientity pass agreement for the regional multientity
pass.
SEC. 808. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts available
for expenditure at a specific site or area--
(1) shall be accounted for separately from the
amounts collected;
(2) shall be used to develop and enhance existing
recreation opportunities;
(3) shall directly benefit visitors to Federal
recreational lands and waters;
[(2)] (4) may be distributed agency-wide; and
[(3)] (5) shall be used only for--
(A) repair, maintenance, and facility
enhancement related directly to visitor
enjoyment, visitor access, and visitor health
and safety;
(B) interpretation, visitor information,
visitor service, visitor needs assessments, and
signs;
(C) habitat restoration directly related to
wildlife-dependent recreation that is limited
to hunting, fishing, wildlife observation, or
photography;
(D) law enforcement related to public use and
recreation;
[(E) direct operating or capital costs
associated with the recreation fee program;
and]
(E) capital construction costs associated
with administering the recreation fee program;
and
(F) a fee management agreement established
under [section 6(a)] section 6805(a) or a
visitor reservation service.
(b) Limitation on Use of Fees.--The Secretary may not use any
recreation fees for biological monitoring on Federal
recreational lands and waters under the Endangered Species Act
of 1973 for listed or candidate species[.], 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) Administration, Overhead, and Indirect Costs.--The
Secretary may use not more than an average of 15 percent of
total revenues collected under this Act for administration,
overhead, and indirect costs related to the recreation fee
program by that Secretary.]
(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) Transitional Exception.--Notwithstanding any other
provision of [this Act] this title, the Secretary may use
amounts available in the special account of a Federal land
management agency to supplement administration and marketing
costs associated with--
(1) the National Parks and Federal Recreational Lands
Pass during the 5-year period beginning on the date the
joint guidelines are issued under [section 5(a)(7)]
section 6804(a)(7); and
(2) a regional multientity pass authorized [section
5(d)] section 6804(d) during the 5-year period
beginning on the date the regional multientity pass
agreement for that recreation pass takes effect.
(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.
[SEC. 809. REPORTS.
[Not later than May 1, 2006, and every 3 years thereafter,
the Secretary shall submit to Congress a report detailing the
status of the recreation fee program conducted for Federal
recreational lands and waters, including an evaluation of the
recreation fee program, examples of projects that were funded
using such fees, and future projects and programs for funding
with fees, and containing any recommendations for changes in
the overall fee system.]
SEC. 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. 810. SUNSET PROVISION.
The authority of the Secretary to carry out [this Act] this
title shall terminate [10 years after the date of the enactment
of this Act] on December 31, 2020.
SEC. 811. VOLUNTEERS.
(a) Authority to Use Volunteers.--The Secretary may use
volunteers, as appropriate, to collect recreation fees and sell
recreation passes.
(b) Waiver or Discount of Fees; Site-Specific Agency Pass.--
In exchange for volunteer services, the Secretary may waive or
discount an entrance fee, [standard amenity recreation fee, or
an expanded amenity recreation fee] day use fee, or amenity fee
that would otherwise apply to the volunteer or issue to the
volunteer a site-specific agency pass authorized under [section
5(c)] section 6804(c).
(c) National Parks and Federal Recreational Lands Pass.--In
accordance with the guidelines issued under [section 5(a)(7)]
section 6804(a)(7), the Secretaries may issue a National Parks
and Federal Recreational Lands Pass to a volunteer in exchange
for significant volunteer services performed by the volunteer.
(d) Regional Multientity Passes.--The Secretary may issue a
regional multientity pass authorized under [section 5(d)]
section 6804(d) to a volunteer in exchange for significant
volunteer services performed by the volunteer, if the regional
multientity pass agreement under which the regional multientity
pass was established provides for the issuance of the pass to
volunteers.
SEC. 812. ENFORCEMENT AND PROTECTION OF RECEIPTS.
(a) Enforcement Authority.--The Secretary concerned shall
enforce payment of the recreation fees authorized by [this Act]
this title.
(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)] (c) Evidence of Nonpayment.--If the display of proof of
payment of a recreation fee, or the payment of a recreation fee
within a certain time period is required, failure to display
such proof as required or to pay the recreation fee within the
time period specified shall constitute nonpayment.
[(c)] (d) 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)] (e) Limitation on Penalties.--The failure to pay a
recreation fee established under [this Act] this title shall be
punishable as a Class A or Class B misdemeanor, except that in
the case of a first offense of nonpayment, the fine imposed may
not exceed $100, notwithstanding section 3571(e) of title 18,
United States Code.
SEC. 813. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.
(a) Land and Water Conservation Fund Act.--Subsections (a),
(b), (c), (d), (e), (f), (g), [and (i) (except for paragraph
(1)(C))] (i), (l),(m), and (n) (except for paragraph (5)) of
section 4 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a et seq.) are repealed, except that the
Secretary may continue to issue Golden Eagle Passports, Golden
Age Passports, and Golden Access Passports under such section
until the date the notice required by [section 5(a)(3)] section
6804(a)(3) is published in the Federal Register regarding the
establishment of the National Parks and Federal Recreational
Lands Pass.
(b) Recreational Fee Demonstration Program.--Section 315 of
the Department of the Interior and Related Agencies
Appropriations Act, 1996 (as contained in section 101(c) of
Public Law 104-134; 16 U.S.C. 460l-6a), is repealed.
(c) Admission Permits for Refuge Units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is
repealed.
(d) National Park Passport, Golden Eagle Passport, Golden Age
Passport, and Golden Access Passport.--Effective on the date
the notice required by [section 5(a)(3)] section 6804(a)(3) is
published in the Federal Register, the following provisions of
law authorizing the establishment of a national park passport
program or the establishment and sale of a national park
passport, Golden Eagle Passport, Golden Age Passport, or Golden
Access Passport are repealed:
(1) Section 502 of the National Parks Omnibus
Management Act of 1998 (Public Law 105-391; 16 U.S.C.
5982).
(2) Title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995).
(e) Treatment of Unobligated Funds.--
(1) Land and water conservation fund special
accounts.--Amounts in the special accounts established
under section 4(i)(1) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1))
for Federal land management agencies that are
unobligated on the date of the enactment of [this Act]
this title shall be transferred to the appropriate
special account established under [section 7] section
6806 and shall be available to the Secretary in
accordance with [this Act] this title. A special
account established under section 4(i)(1) of the Land
and Water Conservation Fund Act of 1965 for a Federal
agency that is not a Federal land management area, and
the use of such special account, is not affected by the
repeal of section 4 of the Land and Water Conservation
Fund Act of 1965 by subsection (a) of this section.
(2) National parks passport.--Any funds collected
under title VI of the National Parks Omnibus Management
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995)
that are unobligated on the day before the publication
of the Federal Register notice required under [section
5(a)(3)] section 6804(a)(3) shall be transferred to the
special account of the National Park Service for use in
accordance with [this Act] this title. 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] this title shall be transferred
to the appropriate special account and shall be
available to the Secretary in accordance with [this
Act] this title
(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] this
title shall be transferred to the special account of
the United States Fish and Wildlife Service for use in
accordance with [this Act] this title.
(f) Effect of Regulations.--A regulation or policy issued
under a provision of law repealed by this section shall remain
in effect to the extent such a regulation or policy is
consistent with the provisions of [this Act] this title until
the Secretary issues a regulation, guideline, or policy under
[this Act] this title that supersedes the earlier regulation.
(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.
SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.
(a) Federal and State Laws Unaffected.--Nothing in [this Act]
this title shall authorize Federal hunting or fishing licenses
or fees or charges for commercial or other activities not
related to recreation, affect any rights or authority of the
States with respect to fish and wildlife, or repeal or modify
any provision of law that permits States or political
subdivisions of States to share in the revenues from Federal
lands or, except as provided in subsection (b), any provision
of law that provides that any fees or charges collected at
particular Federal areas be used for or credited to specific
purposes or special funds as authorized by that provision of
law.
(b) Relation to Revenue Allocation Laws.--Amounts collected
under [this Act] this title, and the existence of a fee
management agreement with a governmental entity under [section
6(a)] section 6805(a), may not be taken into account for the
purposes of any of the following laws:
(1) The sixth paragraph under the heading ``Forest
service'' in the Act of May 23, 1908 (16 U.S.C. 500).
(2) Section 13 of the Act of March 1, 1911 (16 U.S.C.
500; commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading
``Forest service'' in the Act of March 4, 1913 (16
U.S.C. 501).
(4) Section 33 of the Bankhead-Jones Farm Tenant Act
(7 U.S.C. 1012).
(5) Title II of the Act of [August 8, 1937] August
28, 1937, and the Act of May 24, 1939 (43 U.S.C. 1181f
et seq.).
(6) Section 6 of the Act of June 14, 1926 (43 U.S.C.
869-4).
(7) Chapter 69 of title 31, United States Code.
(8) Section 401 of the Act of June 15, 1935 (16
U.S.C. 715s; commonly known as the Refuge Revenue
Sharing Act).
(9) The Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16
U.S.C. 500 note), except that the exception made for
such Act by this subsection is unique and is not
intended to be construed as precedent for amounts
collected from the use of Federal lands under any other
provision of law.
(10) Section 2 of the Boulder Canyon Project
Adjustment Act (43 U.S.C. 618a).
(11) The Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(12) The first section of the Act of June 17, 1902,
as amended or supplemented (43 U.S.C. 391).
(13) The Act of February 25, 1920 (30 U.S.C. 181 et
seq.; commonly known as the Mineral Leasing Act).
(14) Section 4(e) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 31 U.S.C.
6901 note).
(15) Section 5(a) of the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1047).
(16) Any other provision of law relating to revenue
allocation.
(c) Consideration of Other Funds Collected.--Amounts
collected under any other law may not be disbursed under [this
Act] this title
(d) Sole Recreation Fee Authority.--Recreation fees charged
under [this Act] this title 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] this title, 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] this
title.
(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.
* * * * * * *
Letter Exchange
House of Representatives,
Committee on Agriculture,
Washington, DC, September 8, 2014.
Hon. Doc Hastings,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Hastings: Thank you for the opportunity to
review H.R. 5204, the Federal Lands Recreation Enhancement
Modernization Act of 2014. As you are aware, the bill was
primarily referred to the Committee on Natural Resources, while
the Agriculture Committee received an additional referral.
I recognize and appreciate your desire to bring this
legislation before the House in an expeditious manner and,
accordingly, I agree to discharge H.R. 5204 from further
consideration by the Committee on Agriculture. I do so with the
understanding that by discharging the bill, the Committee on
Agriculture does not waive any future jurisdictional claim on
this or similar matters. Further, the Committee on Agriculture
reserves the right to seek the appointment of conferees, if it
should become necessary.
I ask that you insert a copy of our exchange of letters
into the Congressional Record during consideration of this
measure on the House floor.
Thank you for your courtesy in this matter, and I look
forward to continued cooperation between our respective
committees.
Sincerely,
Frank D. Lucas,
Chairman.
------
House of Representatives,
Committee on Natural Resources,
Washington, DC, September 9, 2014.
Hon. Frank D. Lucas,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
5204, the Federal Lands Recreation Enhancement Modernization
Act of 2014. As you know, the Committee on Natural Resources
ordered reported the bill on July 30, 2014. I appreciate your
support in bringing this legislation before the House of
Representatives, and accordingly, understand that the Committee
on Agriculture will forego action on the bill.
The Committee on Natural Resources concurs with the mutual
understanding that by foregoing consideration of H.R. 5204 at
this time, the Committee on Agriculture does not waive any
jurisdiction over the subject matter contained in this or
similar legislation. In addition, should a conference on the
bill be necessary, I would support your request to have the
Committee on Agriculture represented on the conference
committee. Finally, I would be pleased to include your letter
and this response in the bill report filed by the Committee on
Natural Resources, as well as in the Congressional Record
during floor consideration, to memorialize our understanding.
Thank you for your cooperation.
Sincerely,
Doc Hastings,
Chairman.
