The following is brand new legislation as written by the American Recreation Coalition and presented to Federal Agencies at their Partners Outdoors X meeting in January, 2001.
SEC. 315 of the Omnibus Consolidated Rescissions and Appropriation Act of 1996 (PL 104-134) is amended as follows:
(c)(2)(A) Expenditures from site specific special funds shall be for projects of direct benefit to those from whom the funds are collected and shall be accounted for separately. With the exception of start-up costs during the first year of collection, no site may expend more than 20% of collections on fee collection and fee enforcement unless specifically authorized by the agency head
(3) In order to increase the quality of the visitor experience at public recreational areas and enhance the protection of resources, amounts available for expenditure under this section may only be used for the area, site or project concerned, for backlogged repair and maintenance projects (including projects relating to health and safety) and for interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection), maintenance, and law enforcement relating to public use. Fee receipts may not be used 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 agencywide accounts may be used for the same purposes set forth in the preceding sentence, but for areas, sites or projects selected at the discretion of the respective agency head.
(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating regulations and shall submit annually reports on the program, including a listing of fee collection sites at which fee collection and fee enforcement costs exceeded 20% of collected fees.
(f) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 2004. Funds in accounts established shall remain available through September 30, 2006.
(g) Agencies granted the fee demonstration authority are directed to pursue innovative fee collection methodologies, including automated fee collection, and agency-to-agency compatibility. Further, the agencies are directed to develop mechanisms which allow those who pay fees, including permittees and concessioners, to indicate priorities in use of the fees.
(h) No new fee collection sites may be established subsequent to October 1, 2000, unless all services and facilities at the site meet applicable safety, health and general agency standards of quality. Furthermore, all new or revised fees must be announced at least 120 days in advance, except that advance notice of one year shall be required when fees are paid through permittees, concessioners and other tourism industry businesses.
(i) The Secretary of the Interior and the Secretary of Agriculture are directed to develop 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. Volunteers recognized with these passes shall not be deemed to have been compensated.
(j) The Secretary of the Interior and the Secretary of Agriculture are directed to study methods used to facilitate broad public access to museums, theaters, zoos, state and local parks and other natural and cultural facilities where fees are levied, including but not limited to free and reduced fee days, differential pricing by season and day of the week and need-based subsidies. The results of this study should be shared with project managers, with encouragement to test such programs in order to maintain access to federal recreation sites for all Americans.
(k) Agencies covered under this program, except the National Park Service, may retain 75% of the receipts for 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 these revenues are subject to the same provisions as recreation demonstration fees. Any holder of a recreation special use permit, authorization or concession agreement shall be exempt from agency cost-recovery programs and provisions.
(l) There is hereby established one new revolving fund each for the Department of Agriculture and the Department of the Interior which may be used for loans to recreation fee sites to upgrade facilities in advance of fee site implementation. Repayment of loans shall be made from collected fees or future appropriations.
(m) Each agency covered by this provision may issue up to twenty recreation permits for periods of up to twenty years for campgrounds and other fee generation sites where the permittees agree to invest in capital improvements identified by the agency. Any funds appropriated by the Congress for capital improvements now accomplished with permitted funds may be retained by the agency to provide funding (1) to upgrade other sites proposed for the fee demonstration program and (2) to implement expanded interpretation and visitor services associated with the campground. Such funds shall be available for an additional two fiscal years.
(n) Each agency covered by this provision shall assure that any fees levied under this provision be equitable to all visitors*, and shall consider any fees paid by permittees on behalf of visitors in determining such equity. Further, the agencies are prohibited from utilizing fees under this provision to displace existing permittees and concessioners.
(o) Agencies are prohibited from collecting fees for parking along state or county road rights-of-way unless such parking is done for the purpose of accessing a site or facility operated or maintained In whole or In part with fees collected under this provision.
* report language should note that equitable does not necessarily mean equal, but rather must consider the value of services and facilities provided as well as other sources of funding received for those services and facilities.
August 31, 2000; new provisions highlighted and in bold
(underscored language added based upon discussion with House Appropriations Committee Staff)
Scott Silver, Executive Director,
Wild Wilderness
248 NW Wilmington Avenue, Bend OR 97701
Phone (541) 385-5261 E-mail: ssilver@wildwilderness.org