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Text of the Park Renewal Fund Act

This bill was introduced on January 21, 1997, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 21, 1997 (Introduced).

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HR 489 IH

105th CONGRESS

1st Session

H. R. 489

To amend the Land and Water Conservation Fund Act of 1965 as regards the National Park Service, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 21, 1997

Mr. RICHARDSON introduced the following bill; which was referred to the Committee on Resources


A BILL

To amend the Land and Water Conservation Fund Act of 1965 as regards the National Park Service, 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.

    This Act may be cited as the ‘Park Renewal Fund Act’.

SEC. 2. FEES.

    (a) ADMISSION FEES- Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is amended as follows:

      (1) Delete ‘fee-free travel areas’ and ‘lifetime admission permit’ from the title of this section.

      (2) In paragraph (a)(1)(A)(i) by striking the first and second sentences and inserting in lieu thereof, ‘For admission into any such designated area, an annual admission permit (to be known as the Golden Eagle Passport) shall be available for a fee and under such conditions as to be determined by the Secretary of the Interior and the Secretary of Agriculture.’.

      (3) In paragraph (a)(1)(B) by striking the second sentence.

      (4) Delete paragraph (a)(2) in its entirety and insert in lieu thereof: ‘Reasonable admission fees for a single visit to any designated unit shall be established by the administering Secretary for persons who choose not to purchase the annual permit. A ‘single visit’ means a continuous stay within a designated unit. Payment of a single visit admission fee shall authorize exits from and reentries to a designated unit for a period to be defined for each designated unit by the administering Secretary based upon a determination of the period of time reasonably and ordinarily necessary for such a single visit.’.

      (5) In paragraph (a)(3) by inserting the word ‘Great’ in the third sentence before ‘Smoky’.

      (6) In paragraph (a)(3) delete the last sentence.

      (7) Delete paragraph (a)(4) in its entirety and insert in lieu thereof: ‘The Secretary of the Interior and the Secretary of Agriculture shall establish procedures for discounted admission fees to any citizen of, or person legally domiciled in, the United States sixty-two years of age or older, such discount to be received upon proof of age. Any such discount will be nontransferable, applied only to the individual qualifying on the basis of age, and given notwithstanding the method of travel. No fees of any kind shall be collected from any persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local government business.’.

      (8) Delete paragraph (a)(5) in its entirety and insert in lieu thereof: ‘The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit to any citizen of, or person legally domiciled in, the United States, if such citizen or person applies for such permit and is permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be permanently disabled. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and one accompanying individual to general admission into any area designated pursuant to this subsection, notwithstanding the method of travel.’.

      (9) In paragraph (a)(6)(A) by striking ‘No later than 60 days after December 22, 1987’ and inserting ‘No later than six months after enactment’ and striking ‘Interior and Insular Affairs’ and inserting ‘Resources’.

      (10) Delete paragraphs (a)(9) and (a)(11) in their entirety. Renumber current paragraph ‘(10)’ as ‘(9)’ and current paragraph ‘(12)’ as ‘(10)’.

    (b) RECREATION FEES- Section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is amended as follows:

      (1) Delete ‘FEES FOR GOLDEN AGE PASSPORT PERMITTEE’ from section title.

      (2) Delete the following: ‘personal collection of the fee by an employee or agent of the Federal agency operating the facility’.

      (3) Delete ‘Any Golden Age Passport permittee, or’ and insert in lieu thereof ‘Any’.

    (c) CRITERIA, POSTING AND UNIFORMITY OF FEES- Section 4(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(d)) is amended by deleting from the first sentence ‘recreation fees charged by non-Federal public agencies,’ and inserting in lieu thereof ‘fees charged by other public and private entities,’.

    (d) RULES AND REGULATIONS- Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S. C. 460l-6a(e)) is amended by deleting ‘of not more than $100.’ and inserting in lieu thereof ‘as provided by law.’

    (e) FEDERAL AND STATE LAWS UNAFFECTED- Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(g)) is amended by deleting the following in the first sentence ‘or fees or charges for commercial or other activities not related to recreation,’ and inserting ‘: Provided, however, That in those park areas under partial (if applicable) or exclusive jurisdiction of the United States where State fishing licenses are not required, the National Park Service may charge a fee for fishing.’.

    (f) TECHNICAL AMENDMENTS- Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is amended--

      (1) by striking ‘Bureau of Outdoor Recreation’ and inserting in lieu thereof, ‘National Park Service’;

      (2) by striking ‘Interior and Insular Affairs of the United States House of Representatives and United States Senate’ and inserting in lieu thereof, ‘Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate’; and

      (3) by striking ‘Bureau’ and inserting in lieu thereof, ‘National Park Service’.

    (g) USE OF FEES- Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is amended as follows:

      (1) After ‘(i)’ by inserting ‘USE OF FEES- ’.

      (2) In the first sentence of subparagraph (B) by striking ‘fee collection costs for that fiscal year’ and inserting in lieu thereof ‘fee collection costs for the immediately preceding fiscal year’ and by striking ‘section in that fiscal year’ and inserting in lieu thereof ‘section in such immediately preceding fiscal year’.

      (3) In the second sentence of subparagraph (B) by striking ‘in that fiscal year’.

      (4) By adding the following at the end of paragraph (1):

        ‘(C) Notwithstanding subparagraph (A), beginning in fiscal year 1996 and each fiscal year thereafter, all additional fee revenue generated by the National Park Service through enactment of this legislation, as authorized to be collected pursuant to subsection 4 (a) and (b), shall be covered into a special fund established in the Treasury of the United States to be known as the ‘National Park Renewal Fund’. In fiscal year 1997 and each fiscal year thereafter, the amount of additional fee revenue generated in the immediately preceding fiscal year by the National Park Service through enactment of this legislation shall be available to the Secretary of the Interior, without further provision in appropriations Acts, for infrastructure needs at parks including but not limited to facility refurbishment, repair and replacement, interpretive media and exhibit repair and replacement, and infrastructure projects associated with park resource protection. Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning the first full fiscal year after the creation of the ‘National Park Renewal Fund’, the Secretary shall submit an annual report to the Congress, on a unit-by-unit basis, detailing the expenditures of such receipts. In fiscal year 1996 only, fees authorized to be collected pursuant to subsections 4 (a) and (b) of this Act may be collected only to the extent provided in advance in appropriations Acts.’.

      (5) Paragraph (4)(A) is amended by striking ‘resource protection, research, and interpretation’ and inserting in lieu thereof ‘park operations’.

    (h) SELLING OF PERMITS- Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(k)) is amended by--

      (1) striking ‘Selling of Annual Admission Permits by Public and Private Entities

UNDER ARRANGEMENTS WITH COLLECTING AGENCY HEAD’ from the title of this section; and

      (2) deleting the last two sentences, regarding the sale of Golden Eagle Passports, from this section.

    (i) CHARGES FOR TRANSPORTATION PROVIDED BY THE NATIONAL PARK SERVICE- (1) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word ‘VIEWING’ from the section title and inserting in lieu thereof ‘VISITING’.

    (2) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the word ‘view’ and inserting in lieu thereof ‘visit’.

    (3) Section 4(l)(2) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting paragraph (2) and inserting in lieu thereof: ‘Notwithstanding any other provision of law, the charges imposed under paragraph (1) shall be retained by the unit of the National Park System at which the service was provided. The amount retained shall be expended for costs associated with the transportation systems at the unit where the charge was imposed.’.

    (j) COMMERCIAL TOUR FEES- Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is amended by striking section (2) in its entirety and inserting in lieu thereof:

      ‘(2) The Secretary shall establish a flat fee, per entry, for such vehicles. The amount of the said flat fee shall reflect both the commercial tour use fee rate and current admission rates.’.

    (k) FEES FOR SPECIAL USES- Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following at the end thereof:

    ‘(o) FEES FOR COMMERCIAL NONRECREATIONAL USES- Utilizing the criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of the Interior shall establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements, including permits. At a minimum, such fees will cover all costs of providing necessary services associated with such use, except that at the Secretary’s discretion, the Secretary may waive or reduce such fees in the case of any organization using an area within the National Park System for activities which further the goals of the National Park Service. Receipts from such fees may be retained at the park unit in which the use takes place, and remain available, without further appropriation, to cover the cost of providing such services. The portion of such fee which exceeds the cost of providing necessary services associated with such use shall be deposited into the National Park Renewal Fund.’.

    (l) FEE AUTHORITY- Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following new subsection at the end thereof:

    ‘(p) ADMISSION OR RECREATION USE FEES- No admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.’.

SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER GAP NATIONAL RECREATION AREA.

    (a) IN GENERAL- Effective at noon on September 30, 2005, the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles, when such use is not connected with the operation of the recreation area, is prohibited, except as provided in section (b).

    (b) LOCAL BUSINESS USE PROTECTED- Subsection (a) does not apply with respect to the use of commercial vehicles to serve businesses located within or in the vicinity of the recreation area, as determined by the Secretary.

    (c) CONFORMING PROVISIONS- (1) Paragraphs (1) through (3) of the third undesignated paragraph under the heading ‘ADMINISTRATIVE PROVISIONS’ in chapter VII of title I of Public Law 98-63 (97 Stat. 329), are repealed, effective September 30, 2005.

    (2) Prior to noon on September 30, 2005, the Secretary shall collect and utilize a commercial use fee from commercial vehicles in accordance with paragraphs (1) through (3) of such third undesignated paragraph. Such fee shall not exceed $25 per trip.

SEC. 4. CHALLENGE COST-SHARE AGREEMENTS.

    (a) AGREEMENTS- The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section, the term--

      (1) ‘challenge cost-share agreement’ means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to any unit or program of the National Park System (as

defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National Scenic or Historic Trail; and

      (2) ‘cooperator’ means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity.

    (b) USE OF FEDERAL FUNDS- In carrying out challenge cost-share agreements, the Secretary is authorized to provide the Federal funding share from any funds available to the National Park Service.

SEC. 5. DONATIONS.

    (a) REQUESTS FOR DONATIONS- In addition to the Secretary’s other authorities to accept the donation of lands, buildings, other property, services, and moneys for the purposes of the National Park System, the Secretary is authorized to solicit donations of money, property, and services from individuals, corporations, foundations and other potential donors who the Secretary believes would wish to make such donations as an expression of support for the national parks. Such donations may be accepted and used for any authorized purpose or program of the National Park Service, and donations of money shall remain available for expenditure without fiscal year limitation. Any employees of the Department to whom this authority is delegated shall be set forth in the written guidelines issued by the Secretary pursuant to paragraph (d).

    (b) EMPLOYEE PARTICIPATION- Employees of the National Park Service may solicit donations only if the request is incidental to or in support of, and does not interfere with their primary duty of protecting and administering the parks or administering authorized programs, and only for the purpose of providing a level of resource protection, visitor facilities, or services for health and safety projects, recurring maintenance activities, or for other routine activities normally funded through annual agency appropriations. Such requests must be in accordance with the guidelines issued pursuant to subparagraph (d).

    (c) PROHIBITIONS- (1) A donation may not be accepted in exchange for a commitment to the donor on the part of the National Park Service or which attaches conditions inconsistent with applicable laws and regulations or that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Department, or which compromises a criminal or civil position of the United States or any of its departments or agencies or the administrative authority of any agency of the United States.

    (2) In utilizing the authorities contained in this section employees of the National Park Service shall not directly conduct or execute major fundraising campaigns, but may cooperate with others whom the Secretary may designate to conduct such campaigns on behalf of the National Park Service.

    (d) GUIDANCE- (1) The Secretary shall issue written guidelines setting forth those positions to which he has delegated his authority under paragraph (a) and the categories of employees of the National Park Service that are authorized to request donations pursuant to paragraph (b). Such guidelines shall also set forth any limitations on the types of donations that will be requested or accepted as well as the sources of those donations.

    (2) The Secretary shall publish guidelines which set forth the criteria to be used in determining whether the solicitation or acceptance of contributions of lands, buildings, other property, services, moneys, and other gifts or donations authorized by this section would reflect unfavorably upon the ability of the Department of the Interior or any employee to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. The Secretary shall also issue written guidance on the extent of the cooperation that may be provided by National Park Service employees in any major fundraising campaign which the Secretary has designated others to conduct pursuant to paragraph (c)(2).

SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

    Public Law 101-337 is amended as follows:

      (1) In section 1 (16 U.S.C. 19jj), by amending subsection (d) to read as follows:

    ‘(d) ‘Park system resource’ means any living or non-living resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.’.

      (2) In section 1 (16 U.S.C. 19jj) by adding at the end thereof the following:

    ‘(g) ‘Marine or aquatic park system resource’ means any living or nonliving part of a marine or aquatic regimen within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.’.

      (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking ‘any park’ and inserting in lieu thereof ‘any marine or aquatic park’.