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H.R. 3284 (ih) To amend part C of title XVIII to provide for an improved methodology for the calculation of Medicare+Choice payment rates. [Introduced in House] ...


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108th CONGRESS
  1st Session
                                H. R. 3283

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2003

Mr. Regula (for himself, Mr. Wamp, Mr. Sherwood, Mr. Souder, Mr. Petri, 
Mr. Peterson of Pennsylvania, and Mr. Hobson) introduced the following 
bill; which was referred to the Committee on Resources, and in addition 
   to the Committee on Agriculture, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.-- This Act may be cited as the ``Federal Lands 
Recreation Enhancement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Purposes and principles.
Sec. 3. Definitions.
Sec. 4. General recreation fee authority.
Sec. 5. Basic recreation fee.
Sec. 6. Expanded recreation fee.
Sec. 7. Special recreation permit fee.
Sec. 8. General recreation pass authority.
Sec. 9. America the Beautiful--the National Parks and Federal 
                            Recreational Lands Pass.
Sec. 10. Other recreation passes.
Sec. 11. Miscellaneous administrative provisions regarding recreation 
                            fees and recreation passes.
Sec. 12. Volunteers.
Sec. 13. Special accounts and distribution of recreation fees and 
                            recreation pass revenues.
Sec. 14. Expenditures from special accounts.
Sec. 15. Enforcement and protection of receipts.
Sec. 16. Repeal of superseded admission and use fee authorities.
Sec. 17. Relation to other laws and fee collection authorities.

SEC. 2. PURPOSES AND PRINCIPLES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. GENERAL RECREATION FEE AUTHORITY.

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

SEC. 5. BASIC RECREATION FEE.

    (a) Fee Authorized.--Except as provided in subsection (b), the 
Secretary concerned may charge a basic recreation fee for the following 
locations:
            (1) Units of the National Park System.
            (2) National Conservation Areas.
            (3) National Recreation Areas.
            (4) National Monuments.
            (5) National Volcanic Monuments.
            (6) National Scenic Areas.
            (7) Areas of substantial investment by a Federal land 
        management agency, which refers to Federal lands or waters 
        under the jurisdiction of the Secretary concerned that are not 
        specified in paragraphs (1) through (6), but that--
                    (A) are managed for recreation purposes or contain 
                at least one major visitor attraction; and
                    (B) have had substantial investments, as determined 
                by the Secretary concerned, made in their facilities or 
                services, in restoring resource degradation in areas of 
                concentrated public use, including a visitor or 
                interpretive center, a trailhead facility, or a 
                developed parking lot, or in requiring the presence of 
                personnel of a Federal land management agency.
    (b) Limitations on Fees for Certain Persons, Activities, and 
Locations.--The Secretary concerned may not charge a basic recreation 
fee with respect to any of the following:
            (1) A person under 16 years of age.
            (2) Outings conducted for noncommercial educational 
        purposes by schools or bonafide academic institutions.
            (3) The following National Park System units:
                    (A) U.S.S. Arizona Memorial.
                    (B) Independence National Historical Park.
                    (C) Statue of Liberty National Monument.
                    (D) National Park System units in the District of 
                Columbia.
                    (E) The Arlington House-Robert E. Lee National 
                Memorial.
                    (F) Any National Park System unit covered by 
                section 203 of the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 410hh-2), other than Denali 
                National Park and Preserve.
                    (G) Any National Park System unit containing a deed 
                restriction on charging entrance fees.
            (4) For entrance on other routes into the Great Smoky 
        Mountains National Park, or any part thereof, unless a basic 
        recreation fee is charged for entrance into that park on main 
        highways and thoroughfares.
            (5) For any person who visits a unit or area under the 
        jurisdiction of the United States Fish and Wildlife Service and 
        is the holder of a valid migratory bird hunting and 
        conservation stamp issued under section 2 of the Act of March 
        16, 1934 (16 U.S.C. 718b; commonly known as the Migratory Bird 
        Hunting Stamp Act or Duck Stamp Act).
            (6) For any person engaged in a nonrecreational activity 
        authorized under a valid permit issued under any other Act, 
        including a valid grazing permit.
    (c) Fee-Free Day.--At every unit or area of a Federal land 
management area that charges a basic recreation fee, that Secretary 

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