Federal Lands Recreation Enhancement Act

I just wanted to let folks know that there is pending legislation that, if passed, would allow the Forest Service, BLM, and other lands administered by the Interior Department to begin charging a user fee. This means you potentially would have to by an "access" permit to hunt, fish, hike or drive o­n your public lands. Also, there are special permit fees allowed (in addition to the "access" fee) for such activities as: "(1) A group activity., (2) A commercial tour, including commercial aircraft tour., (3) A recreation event., (4) Use of a motorized recreation vehicle., (5) A competitive event..." These were directly quoted from the pending legislation. I have attached it below. This was copied form http://thomas.loc.gov searched for HR3283 (108th congress)

While some may be inclined to say so what, just remember that you currently pay taxes to recreate o­n PUBLIC LANDS. If this legislation passes, you are essentially being taxed twice.

If you are opposed to this concept, please do your part to encourage our congressional delegation to vote against this.

Sincerely,
George Jordan
concerned member, Magic City 4-wheelers

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Federal Lands Recreation Enhancement Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Purposes and principles.

Sec. 3. Definitions.

Sec. 4. General recreation fee authority.

Sec. 5. Basic recreation fee.

Sec. 6. Expanded recreation fee.

Sec. 7. Special recreation permit fee.

Sec. 8. General recreation pass authority.

Sec. 9. America the Beautiful--the National Parks and Federal Recreational Lands Pass.

Sec. 10. Other recreation passes.

Sec. 11. Miscellaneous administrative provisions regarding recreation fees and recreation passes.

Sec. 12. Volunteers.

Sec. 13. Special accounts and distribution of recreation fees and recreation pass revenues.

Sec. 14. Expenditures from special accounts.

Sec. 15. Enforcement and protection of receipts.

Sec. 16. Repeal of superseded admission and use fee authorities.

Sec. 17. Relation to other laws and fee collection authorities.

SEC. 2. PURPOSES AND PRINCIPLES.

(a) PURPOSES- The purposes of this Act are--

(1) to enhance visitor opportunities regarding Federal public lands by creating a seamless Federal system of recreation opportunities;

(2) to enhance the visitor experience by investing recreation fees in improving recreation opportunities regarding Federal public lands;

(3) to reduce the huge deferred maintenance backlog that adversely affects visitor use and enjoyment of Federal recreational facilities and lands, by focused use of visitor fee revenues;

(4) to help protect and enhance the natural resource, historic, cultural, and other special values of Federal public lands and National Parks that attract hundreds of millions of visitors every year;

(5) to establish a permanent recreation fee program that allows the fees to be used primarily at the site of collection;

(6) to establish a permanent recreation fee program so that important investments in technology may be made;

(7) to streamline, simplify, and improve the recreation fee program; and

(8) to streamline, simplify, and improve the interagency national recreation pass program.

(b) PRINCIPLES- The following principles apply to the recreation fee program authorized by this Act:

(1) BENEFICIAL TO THE VISITING PUBLIC- A majority of the revenue generated by recreation fees should be retained and used at the site where the fees are collected to benefit the visiting public by enhancing the resources, facilities, activities, services, and programs used by the visiting public. Recreation fees should be designed to provide the sites with adequate resources to enhance and supply visitor services, reduce the backlog of deferred maintenance, and restore and enhance impacted or endangered resources.

(2) FAIR AND EQUITABLE- Recreation fees should also be affordable for the visiting public and not significantly impact visitation levels. Recreation fees should be reasonable and based o­n a consistent and sound rationale. Recreation fee systems should consider and address the relationship between who pays the fee and who benefits from the resources, facilities, activities, services, and programs provided by a recreation program.

(3) EFFICIENT- Recreation fees should be collected and administered in a cost efficient, enforceable, and business-like manner.

(4) COLLABORATIVE- Recreation fees should be developed with input from local communities and other interested persons. Wherever possible or appropriate, Federal land management agencies should coordinate fees with private entities and local, State, and other Federal agencies so as to minimize overlapping costs and simplify fees for the visiting public.

(5) CONVENIENT- Recreation fees should be convenient to pay and recreation passes should be easy to obtain. A variety of payment and purchase location options (including credit card, internet, automated fee machines, and vendor sales) should be available as appropriate and feasible.

(6) ACCOUNTABLE- Federal land management agencies should collect data and publish annually public documentation showing how the recreation fee program is administered. Agencies should evaluate the recreation fee program to consider cost of collection, adherence to policy, use of revenues, fiscal safeguards, and how well the program achieves organizational, site, and community goals.

(7) CONSISTENT- The visiting public should expect a similar fee for similar resources, facilities, activities, services, and programs across Federal land management agencies or in a given geographic area. The costs and benefits associated with a recreation fee or recreation pass should be clearly illustrated and easily understood by the visiting public.

SEC. 3. DEFINITIONS.

In this Act:

(1) BASIC RECREATION FEE- The term `basic recreation fee' means the fee authorized by section 5.

(2) EXPANDED RECREATION FEE- The term `expanded recreation fee' means the fee authorized by section 6.

(3) FEDERAL LAND MANAGEMENT AGENCY- The term `Federal land management agency' means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service.

(4) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS - The term `National Parks and Federal Recreational Lands Pass' means the interagency national pass authorized by section 9.

(5) PASSHOLDER- The term `passholder' means a person who purchases or otherwise holds a recreation pass.

(6) RECREATION FEE- The term `recreation fee' means the basic recreation fee, expanded recreation fee, or special recreation permit fee.

(7) RECREATION PASS- The term `recreation pass' means the National Parks and Federal Recreational Lands Pass or o­ne of the recreation passes available as authorized by section 10.

(8) SECRETARY CONCERNED- The term `Secretary concerned' means--

(A) the Secretary of the Interior, with respect to the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation; and

(B) the Secretary of Agriculture, with respect to the Forest Service.

(9) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture acting jointly.

(10) SPECIAL ACCOUNT- The term `special account' means the special account established in the Treasury under section 13 for a Federal land management agency.

(11) SPECIAL RECREATION PERMIT FEE- The term `special recreation permit fee' means the fee authorized by section 7.

SEC. 4. GENERAL RECREATION FEE AUTHORITY.

(a) AUTHORITY TO ESTABLISH- The Secretary concerned shall provide for the establishment of basic recreation fees, expanded recreation fees, and special recreation permit fees that are fair and equitable.

(b) ESTABLISHMENT GUIDELINES- The Secretary concerned shall establish guidelines identifying the process by which a Federal land management agency shall establish and change the amount charged for a basic recreation fee, expanded recreation fee, or special recreation permit fee. The guidelines shall contain a provision requiring that Federal land management agencies coordinate with each other, to the extent practicable, when establishing and changing such fees.

(c) CONSIDERATIONS- Before establishing and setting a price for a recreation fee, the Secretary concerned shall take into consideration the following:

(1) The benefits and services provided to visitors paying the recreation fee.

(2) The public policy or management objectives served.

(3) The effect of multiple fees charged to the public.

(4) The direct and indirect cost to the Government.

(5) The revenue benefits to the Government.

(6) Fees charged at comparable sites or by other public agencies.

(7) The economic and administrative feasibility of fee collection.

(8) The price of the National Parks and Federal Recreational Lands Pass.

(d) FEES FOR CERTAIN ACTIVITIES PROHIBITED- The Secretary concerned may not charge a basic recreation fee, expanded recreation fee, or special recreation permit fee--

(1) for travel by private, noncommercial vehicles over any national parkway or any road or highway established as a part of the National Highway System (as defined in section 101 of title 23, United States Code) that is commonly used by the public as a means of travel between two places either or both of which are outside any unit or area of a Federal land management agency at which fees are charged under this Act;

(2) for travel by a person using a private, noncommercial vehicle over any road or highway to any land in which the person has any property right, if the land is within any unit or area of a Federal land management agency at which fees are charged under this Act;

(3) for any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty; or

(4) for any person who is engaged in the conduct of official Federal, State, or local government business.

(e) WAIVER OR DISCOUNT OF FEES- The Secretary concerned may waive or discount a basic recreation fee, expanded recreation fee, or special recreation permit fee, as considered appropriate by the Secretary concerned.

(f) FEE MANAGEMENT AGREEMENTS- Notwithstanding chapter 63 of title 31, United States Code (commonly known as the Federal Grants and Cooperative Agreements Act), the Secretary concerned may enter into fee management agreements, including contracts, that provide for reasonable commissions, discounts, or reimbursements, with any governmental or nongovernmental entities to provide fee collection and processing services, including visitor reservation services.

SEC. 5. BASIC RECREATION FEE.

(a) FEE AUTHORIZED- Except as provided in subsection (b), the Secretary concerned may charge a basic recreation fee for the following locations:

(1) Units of the National Park System.

(2) National Conservation Areas.

(3) National Recreation Areas.

(4) National Monuments.

(5) National Volcanic Monuments.

(6) National Scenic Areas.

(7) Areas of substantial investment by a Federal land management agency, which refers to Federal lands or waters under the jurisdiction of the Secretary concerned that are not specified in paragraphs (1) through (6), but that--

(A) are managed for recreation purposes or contain at least o­ne major visitor attraction; and

(B) have had substantial investments, as determined by the Secretary concerned, made in their facilities or services, in restoring resource degradation in areas of concentrated public use, including a visitor or interpretive center, a trailhead facility, or a developed parking lot, or in requiring the presence of personnel of a Federal land management agency.

(b) LIMITATIONS o­n FEES FOR CERTAIN PERSONS, ACTIVITIES, AND LOCATIONS- The Secretary concerned may not charge a basic recreation fee with respect to any of the following:

(1) A person under 16 years of age.

(2) Outings conducted for noncommercial educational purposes by schools or bonafide academic institutions.

(3) The following National Park System units:

(A) U.S.S. Arizona Memorial.

(B) Independence National Historical Park.

(C) Statue of Liberty National Monument.

(D) National Park System units in the District of Columbia.

(E) The Arlington House-Robert E. Lee National Memorial.

(F) Any National Park System unit covered by section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2), other than Denali National Park and Preserve.

(G) Any National Park System unit containing a deed restriction o­n charging entrance fees.

(4) For entrance o­n other routes into the Great Smoky Mountains National Park, or any part thereof, unless a basic recreation fee is charged for entrance into that park o­n main highways and thoroughfares.

(5) For any person who visits a unit or area under the jurisdiction of the United States Fish and Wildlife Service and is the holder of a valid migratory bird hunting and conservation stamp issued under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b; commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp Act).

(6) For any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit.

(c) FEE-FREE DAY- At every unit or area of a Federal land management area that charges a basic recreation fee, that Secretary concerned shall designate at least o­ne day annually during periods of high visitation as a `Fee-Free Day' when no basic recreation fee is charged.

SEC. 6. EXPANDED RECREATION FEE.

(a) FEE AUTHORIZED- The Secretary concerned may charge an expanded recreation fee, either in addition to a basic recreation fee or by itself, at Federal lands or waters under the jurisdiction of a Federal land management agency when the Secretary concerned determines that the visitor to those lands or waters--

(1) receives or is provided a direct service;

(2) uses a specific or specialized facility or equipment in association with the recreation activity;

(3) requires additional attention by staff, representatives or contractors of the Federal land management agency; or

(4) participates in an activity that involves more costs to the Federal land management agency than the costs associated with the basic recreation fee.

(b) LIMITATIONS o­n FEES FOR CERTAIN PERSONS, ACTIVITIES, AND LOCATIONS- The Secretary concerned may not charge an expanded recreation fee with respect to any of the following:

(1) For general access to any Federal lands or waters under the jurisdiction of a Federal land management agency.

(2) For access to any of the following:

(A) A visitor center.

(B) A dispersed area with low or no investment.

(C) A scenic overlook.

(D) A basic, core interpretive program.

(E) A backcountry byway.

(F) A wayside.

(G) A drinking fountain.

(H) A restroom.

(I) An undeveloped parking area.

(J) an individual picnic table.

(3) For special attention or extra services necessary to meet the needs of individuals with disabilities.

(4) For any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit.

(c) FACILITIES AND SERVICES- In accordance with subsection (a), but subject to subsection (b), an expanded recreation fee may be charged for facilities and services, including any of the following:

(1) A developed campground.

(2) A developed boat ramp.

(3) A facility rental.

(4) An equipment rental.

(5) An enhanced interpretive program.

(6) A reservation service.

(7) A transportation service.

(8) A special amenity.

SEC. 7. SPECIAL RECREATION PERMIT FEE.

(a) FEE AUTHORIZED- The Secretary concerned may require a special recreation permit, and charge a special recreation permit fee, for a recreation use, including any of the following:

(1) A group activity.

(2) A commercial tour, including commercial aircraft tour.

(3) A recreation event.

(4) Use of a motorized recreation vehicle.

(5) A competitive event.

(6) An outfitting and guiding activity.

(7) An activity requiring an allocation of use.

(8) An activity for which a permit is required to ensure public safety.

(b) PROCEDURES AND GUIDELINES- If the Secretary concerned requires a special recreation permit for a recreation use, or charges a special recreation permit fee, the Secretary concerned shall establish procedures or guidelines to address the application and approval process for the special recreation permit and the special recreation permit fee levels.

SEC. 8. GENERAL RECREATION PASS AUTHORITY.

(a) EFFECT AND USE OF RECREATION PASSES- A recreation pass shall cover the basic recreation fee at any unit or area of a Federal land management agency that charges a basic recreation fee for the passholder and--

(1) all persons traveling with the passholder in a noncommercial motorized vehicle;

(2) up to three persons accompanying the passholder and traveling by means other than a motorized vehicle; or

(3) up to three persons accompanying the passholder at walk-up units or areas of a Federal land management agency.

(b) NONTRANSFERABLE- A recreation pass is nontransferable.

(c) CONSIDERATIONS- Before establishing and setting a price for a recreation pass, the Secretary concerned shall take into consideration the following:

(1) The considerations specified in section 4(c).

(2) The visitor services and recreation opportunities to be covered by the recreation pass.

(3) The price of, and impact o­n, other recreation passes.

(4) Visitor confusion with respect to other recreation passes.

(5) The impact o­n the incentive of a Federal land management agency to sell the National Parks and Federal Recreational Lands Pass.

(6) The impact o­n the overall collection of recreation fees authorized by this Act.