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PARTNERS OUTDOORS X - Blue Team Report

National Recreation Fee Demonstration Program — Phase Two


Goal:

Continue the experimentation now under,way on recreation fees with new Congressional direction regarding appropriateness of certain fee strategies and concepts to be tested during a second phase of experimentation. New and existing fee demonstration projects will be evaluated and modified by the agencies, using marketing research and other tools.

Proposed new legislative provisions:

Extend the program through September 30, 2004. This would permit testing of new projects including regional/national passes, multi-agency passes, special provisions for economically disadvantaged and differential pricing to shift demand, geographically and by day-of-week/season.

Prohibit addition of new collection sites unless all facilities and services at those sites meet agency basic standards for quality. New recreation fees have been unpopular at federal sites where facilities are in poor condition, especially where visitors recall free visits in the recent past when the facilities were in better condition. This new provision would preclude imposition of new fees at sites with worn-out or inadequate facilities and services until improvements had been made.

Establish and provide $3 million in initial funding for a new revolving fund which may be used for loans to recreation fee sites to upgrade facilities in advance of fee receipts. Linked to the prohibition on fees at substandard recreation sites would be a new revolving fund to be used to improve the sites prior to fee collection. Repayment of the investment would be made from collected fees or appropriations covering the outlays.

New authority to retain 75% of recreation-related special use permits and concessioner payments, except for permits with terms of 30 years or more. Revenues may be used for permit administration and improved visitor services; otherwise subject to the same provisions as recreation demonstration fees. This would provide an alternative to permit charges under the cost-recovery regulations and would boost resources at the local level to issue and monitor permits as well as expand visitor services. By eliminating permits of 30 years or more, the revenue consequences are minimized. Most of the permits not covered under this provision would be for ski areas and other major developed sites.

Limit cost of fee collection and fee enforcement to 20% or less of revenues unless specifically authorized by the agency head and reported to appropriations subcommittees. One of the chief concerns expressed by the public is over perceived inefficient fee collection methodologies. This provision would require sites expending in excess of 20% of fee revenues on collection and enforcement to apply for a waiver from the agency head and facilitate congressional oversight of high-overhead fee sites.

Specifically authorize volunteer passes to recognize those who contribute specified levels of service to federal lands agencies. The Congress seeks to enhance protection of federal lands and waters as well as improve visitor services, and recreation fees are one mechanism to achieve these goals. Another effective means to accomplish these goals is through increased volunteerism on federal lands. Volunteer passes are offered at certain sites, but the authority to do so has been challenged and questions have been raised regarding the consequences of free receipt of a pass normally sold to the public on the legal standing of a volunteer regarding liability and protection under the Workmen’s Compensation Act. This provision would create one or more new passes unavailable for purchase to recognize outstanding volunteers.

Permit -- but not require — agencies covered under the fee demonstration program to issue up to twenty recreation permits for periods of up to twenty years for campgrounds where the permittees agree to invest in capital improvements identified by the agency, and further permit the agencies to retain funds originally appropriated by the Congress for those capital improvements to provide funding (1) to upgrade other sites proposed for the fee demonstration program and (2) to implement expanded interpretation and visitor services. Each year, federal agencies invest millions of dollars in needed campground improvements with appropriated funds. In a growing number of instances, management of these campgrounds is done under concessions agreements. This provision would enable participating agencies to substitute private capital for appropriated funds and then reapply the appropriated funds to certain other qualifying expenses.

Bar expenditures of fee demo receipts for wages, office overhead and related expenses except where these costs are incurred for augmented visitor services or for reduction in the backlog of deferred maintenance relating to visitor services and resource protection efforts. The Congress has continued recreation and visitor services program funding without offsets for increased fee collections; therefore, the agencies should not use fee demonstration receipts except for new efforts to eliminate backlogs in deferred maintenance and for expanded visitor services.

Continue limits on capital projects in excess of $500,000: Congressional approval required. Normally, recreation fee demonstration receipts should not be used to construct major new facilities. Where those facilities are priorities and can be justified, approval should be sought from the appropriations subcommittees.

New provisions to be conveyed through report language or Congressional letter to agency heads:

Additional direction to agencies to utilize “smart technologies” fee collection for at a substantial number of demo sites by 2002, with agency-to-agency compatibility required.

Direction to agencies to develop mechanisms which allow those who pay fees to indicate priorities in use of a portion of the fees and further authorize semiannual meetings at each fee demo project with permittees and other interests to discuss fee demo program in sessions open to the public but exempt from FACA. Require advance notification of fee changes to travel/recreation industry.

Direction that fees be equitable to all visitors, including a requirement to consider the fees paid by permittees on behalf of visitors in determining the equity of fees.

Direction barring the displacement of existing permittees and concessioners through use of fee demo authority to fund recreation programs and services now provided, or planned to be provided, by a permittee or concessioner.

Actions to be undertaken immediately by the Forest Service:

Creation of a blue ribbon panel to evaluate the fee demonstration program in the national forest system and submit report and recommendations.

Additional action to be considered for legislative action:

Redistribute fees from sites collecting more than twice appropriations for FY99: sliding scale, where 80% retention drops to 40% of revenues above double actual appropriations, and then 20% of revenues above triple actual appropriations. Non-retained dollars are placed in a special account of that agency for up-front capital investment at new fee demo sites or existing sites which have significant deferred maintenance or poor facilities which hamper fee acceptance by the public.

ARC: May 3, 2000


 

This document was prepared by Wild Wilderness. To learn more about ongoing industry-backed congressional efforts to motorize, commercialize, and privatize America's public lands, contact:

Scott Silver, Executive Director,
Wild Wilderness
248 NW Wilmington Avenue,  Bend  OR 97701
Phone (541) 385-5261    E-mail: ssilver@wildwilderness.org