H.R. 5035 (103rd): Roosevelt Lake Recreation Area Fee Act

103rd Congress, 1993–1994. Text as of Sep 13, 1994 (Introduced).

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HR 5035 IH

103d CONGRESS

2d Session

H. R. 5035

To authorize the Secretary of Agriculture to establish and collect recreation use fees on a temporary basis in connection with the recreational use of the Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona.

IN THE HOUSE OF REPRESENTATIVES

September 13, 1994

Ms. ENGLISH of Arizona introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To authorize the Secretary of Agriculture to establish and collect recreation use fees on a temporary basis in connection with the recreational use of the Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Roosevelt Lake Recreation Area Fee Act’.

SEC. 2. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress finds the following:

      (1) The Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona is changing as a result of drastically increasing population in the communities near the recreation area and modifications in Roosevelt Dam.

      (2) The current annual funding of $300,000 for the recreation area does not allow for even minimal maintenance and operation of the newly emerging $40,000,000 recreational area.

      (3) The anticipated number of persons using the facilities of the recreation area requires additional funding to provide minimum sanitary and safety related service at the recreation area as well as management of the environment and riparian areas.

      (4) The quality of services provided at the recreation area and the integrity of the environment could best be served by maintaining public, rather than private, management of the recreation area.

      (5) The users of units of the National Forest System have demonstrated a willingness to pay a user fee for maintenance and operation if the locally collected funds are returned to the unit.

    (b) PURPOSE- It is the purpose of this Act to use funds generated from fees charged in connection with the recreational use of the Roosevelt Lake Recreational Area--

      (1) to assure adequate funding of maintenance and operation of the recreation area;

      (2) to provide additional funding to the county in which the recreation area is located, enabling the county to increase investment in facilities and services related to public safety, sanitation, and the recreational environment; and

      (3) to allow increased funding for the protection of the bald eagle nesting areas, the Canadian geese wintering grounds, and the Roosevelt Lake wildlife refuges at the recreation area.

SEC. 3. DEFINITIONS.

    For purposes of this Act:

      (1) RECREATION AREA- The term ‘recreation area’ means the Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona.

      (2) RECREATION SITE- The term ‘recreation site’ means a campground, picnic ground, swimming site, boat launch site, lake access site, or other man-made or natural recreational facility in the recreation area.

      (3) RECREATION USE FEE; FEE- The terms ‘recreation use fee’ or ‘fee’ mean a fee that is charged for the use of a recreation site in the recreation area.

      (4) RECREATION USE PASS- The term ‘recreation use pass’ means a document that entitles the holder access and use of recreation sites in the recreation area for a specified period of time.

      (5) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.

SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES.

    (a) RECREATION USE FEE AUTHORIZED- Except as provided in subsection (b), the Secretary may establish and collect recreation use fees at designated recreation sites within the recreation area.

    (b) EXCEPTIONS- The Secretary may not impose or collect a recreation use fee for the use or provision in the recreation area, either singly or in any combination, of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. The Secretary may not impose or collect a fee from any officer or employee of the Federal Government or State or local government authorized by the Secretary to perform administrative duties at recreation sites in the recreation area.

    (c) ESTABLISHMENT AND COLLECTION- Establishment and collection of recreation use fees shall be made in accordance with subsections (d) and (e) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of fees by volunteers in accordance with subsection (k) of such section.

    (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS PASSPORT- Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to use a recreation site within the recreation area at a rate equal to 50 percent of the recreation use fee otherwise applicable to such recreation site.

    (e) EFFECT ON OTHER LAWS- Recreation use fees established under this section for use of recreation sites in the recreation area shall be in lieu of any recreation use fees for such recreation sites under section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 460l-6c).

SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES.

    (a) RECREATION USE PASS AUTHORIZED- The Secretary shall make available for purchase recreation use passes for the use on a daily or annual basis of recreation sites in the recreation area otherwise subject to a recreation use fee. Use of an annual recreation use pass shall be subject to any single stay time limits imposed on the recreation site.

    (b) AVAILABILITY- The Secretary may have recreation use passes available for sale at any recreation site for which a recreation use fee is charged or at other convenient locations.

    (c) USE OF PASS- The recreation use pass shall apply to--

      (1) the pass holder and any person accompanying the pass holder in a single, private, noncommercial vehicle; or

      (2) the pass holder and the spouse, children, and parents of the pass holder accompanying the pass holder where entry to a recreation site is by any means other than a private, noncommercial vehicle.

    (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS PASSPORT- Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to purchase of a recreation use pass for the recreation area at a rate equal to 50 percent of the purchase price otherwise applicable to the recreation use pass.

    (e) RULES AND REGULATIONS, ENFORCEMENT POWERS- Recreation use passes sold under this section shall be nontransferable. The unlawful use of a recreation use pass shall be punishable in accordance with regulations established under section 4(e) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)).

SEC. 6. TERMINATION OF AUTHORITY.

    (a) TERMINATION- The authority of the Secretary to establish or collect fees under section 4 or sell recreation use passes under section 5 shall expire at the end of the seven-year period beginning on the date of the enactment of this Act. Termination of such authority shall not affect the validity of any annual recreation use pass sold under section 5 before that date.

    (b) REPORT- Not later than six years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report evaluating the authority provided by sections 4 and 5 regarding recreation use fees and recreation use passes. The report shall include any recommendations of the Secretary for modifying the authority, for extending the authority beyond the date specified in subsection (a), or for extending the authority to other units of the National Forest System.

SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF RECREATION USE PASSES.

    (a) DEPOSIT OF FUNDS- Notwithstanding paragraphs (1), (2), or (3) of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and amounts received from sales of recreation use passes under section 5 shall be deposited in a special account in the Treasury.

    (b) USE OF FUNDS-

      (1) OPERATION, MAINTENANCE, AND OTHER USES- In such amounts as are provided in advance in appropriation Acts, the Secretary may use amounts in the special account to provide supplemental funds for operation, maintenance, and management of recreation sites within the recreation area, for interpretation and management of resources in the recreation area, and for administrative costs associated with such activities.

      (2) PAYMENTS TO STATES AND COUNTIES- Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall be considered as money received for purpose of computing and distributing payments to States and counties pursuant to the Act of May 23, 1908 (16 U.S.C. 500).

    (c) ROADS AND TRAILS- Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall not be considered as money received for purpose of the fourteenth paragraph under the heading ‘FOREST SERVICE’ of the Act of March 4, 1913 (16 U.S.C. 501).