This page contains Section 315 of Title III - General Provisions of Public Law 104-134, which authorizes the Recreational Fee Demonstration Program in place on Forest Service, Fish & Wildlife Service, Park Service, and Bureau of Land Management lands. Amendments added through later federal legislation come after the original text.

Emphasis within the text has been added for ease of reading.
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Sec. 315. (NOTE: 16 USC 4601-6a.) Recreational Fee Demonstration Program .--

(a) The Secretary of the Interior (acting through the Bureau of Land Management, the National Park Service and the United States [[Page 110 STAT. 1321-201]] Fish and Wildlife Service ) and the Secretary of Agriculture (acting through the Forest Service) shall each implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal lands.

(b) In carrying out the pilot program established pursuant to this section, the appropriate Secretary shall select from areas under the jurisdiction of each of the four agencies referred to in subsection (a) no fewer than 10, but as many as 50, areas, sites or projects for fee demonstration. For each such demonstration, the Secretary, notwithstanding any other provision of law--

(1) shall charge and collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services by individuals and groups, or any combination thereof;

(2) shall establish fees under this section based upon a variety of cost recovery and fair market valuation methods to provide a broad basis for feasibility testing;

(3) may contract, including provisions for reasonable commissions, with any public or private entity to provide visitor services, including reservations and information, and may accept services of volunteers to collect fees charged pursuant to paragraph (1);

(4) may encourage private investment and partnerships to enhance the delivery of quality customer services and resource enhancement, and provide appropriate recognition to such partners or investors; and

(5) may assess a fine of not more than $100 for any violation of the authority to collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services.

(c)

(1) Amounts collected at each fee demonstration area, site or project shall be distributed as follows:

(A) Of the amount in excess of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by 4%, eighty percent to a special account in the Treasury for use without further appropriation, by the agency which administers the site, to remain available for expenditures in accordance with paragraph (2)(A).

(B) Of the amount in excess of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by 4%, 20 percent to a special account in the Treasury for use without further appropriation, by the agency which administers the site, to remain available for expenditure in accordance with paragraph (2)(B).

(C) For agencies other than the Fish and Wildlife Service, up to 15% of current year collections of each agency, but not greater than fee collection costs for that fiscal year, to remain available for expenditure without further appropriation in accordance with paragraph (2)(C).

(D) For agencies other than the Fish and Wildlife Service, the balance to the special account established pursuant to subparagraph (A) of section 4(i)(1) of the Land and Water Conservation Fund Act, as amended.

(E) For the Fish and Wildlife Service, the balance shall be distributed in accordance with section 201(c) of the Emergency Wetlands Resources Act. [[Page 110 STAT. 1321-202]]

(2)

(A) Expenditures from site specific special funds shall be for further activities of the area, site or project from which funds are collected, and shall be accounted for separately.

(B) Expenditures from agency specific special funds shall be for use on an agency-wide basis and shall be accounted for separately.

(C) Expenditures from the fee collection support fund shall be used to cover fee collection costs in accordance with section 4(i)(1)(B) of the Land and Water Conservation Fund Act , as amended: Provided, That funds unexpended and unobligated at the end of the fiscal year shall not be deposited into the special account established pursuant to section 4(i)(1)(A) of said Act and shall remain available for expenditure without further appropriation.

(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. 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.

(d)

(1) Amounts collected under this section shall not be taken into account for the purposes of the Act of May 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any other provision of law relating to revenue allocation.

(2) Fees charged pursuant to this section shall be in lieu of fees charged under any other provision of law.

(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating regulations.

(f) (NOTE: Effective date. Termination date.) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 1998. Funds in accounts established shall remain available through September 30, 2001.

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H.R. 3610 of the 104th Congress added the following amendment to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. This amendment doubled the number of fee test areas and extended the program through September 30, 1999, and changed the authorization of fee revenue expenditure to September 30, 2002.

Sec. 319.

Section 101(c) of Public (NOTE: 16 USC 460l-6a note.) Law 104-134 is amended as follows: Under the heading ``Title III--General Provisions'' amend section 315(b) by striking ``50, areas,'' and inserting in lieu thereof ``100, areas,'' and amend section 315(f) by striking ``September 30, 1998'' and inserting in lieu thereof ``September 30, 1999'' and by striking ``September 30, 2001'' and inserting in lieu thereof ``September 30, 2002''.

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H.R. 4193 of the 105th Congress added the following amendment to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. This amendment extends the program through September 30, 2001, and changed the authorization of fee revenue expenditure to September 30, 2004.

Sec. 328.

Section 101(c) of Public Law 104-134, as amended, is further amended as follows: Under the heading `Title III--General Provisions' amend section 315(f)(16 U.S.C. 460l-6a note) by striking `September 30, 1999' after the words `and end on' and inserting `September 30, 2001' and striking `September 30, 2002' after the words `remain available through' and inserting `September 30, 2004'.

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H.R. 4578 of the 106th Congress added the following amendments to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. One amendment extends the program through September 30, 2002, and changed the authorization of fee revenue expenditure to September 30, 2005. Another amendment prevents the use of Recreational Fee Demonstration Program revenues for the construction of facilities costing over $500,000, without Congressional approval. The last related amendment ensures that concessionaires will not be displaced from running Forest Service facilities, even if funds from the Recreaional Fee Demonstration Program could allow the Forest Service to do so.

Sec. 314.

None of the funds collected under the Recreational Fee Demonstration program may be used to plan, design, or construct a visitor center or any other permanent structure without prior approval of the House and the Senate Committees on Appropriations if the estimated total cost of the facility exceeds $500,000.

Sec. 334.

A project undertaken by the Forest Service under the Recreation Fee Demonstration Program as authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result in--

(1) displacement of the holder of an authorization to provide commercial recreation services on Federal lands. Prior to initiating any project, the Secretary shall consult with potentially affected holders to determine what impacts the project may have on the holders. Any modifications to the authorization shall be made within the terms and conditions of the authorization and authorities of the impacted agency.

(2) the return of a commercial recreation service to the Secretary for operation when such services have been provided in the past by a private sector provider, except when--

(A) the private sector provider fails to bid on such opportunities;

(B) the private sector provider terminates its relationship with the agency; or

(C) the agency revokes the permit for non-compliance with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration Program to provide for operations until a subsequent operator can be found through the offering of a new prospectus.

Sec. 336.

In section 315(f) of title III of section 101(c) of Public Law 104-134 (16 U.S.C. 460l-6a note), as amended, strike `September 30, 2001' and insert `September 30, 2002', and strike `September 30, 2004' and insert `September 30, 2005'.

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H.R. 2217 of the 107th Congress added the following amendments to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. One amendment extends the program through September 30, 2004, and changed the authorization of fee revenue expenditure to September 30, 2007. Another change lifts cap of 100 projects that each affected agency is allowed to implement, allowing an unlimited number of projects to be authorized by each agency.

Sec. 312.

(a) RECREATIONAL FEE DEMONSTRATION PROGRAM- Subsection (f) of section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is amended--

(1) by striking `commence on October 1, 1995, and end on September 30, 2002' and inserting `end on September 30, 2004'; and

(2) by striking `September 30, 2005' and inserting `September 30, 2007'.

(b) EXPANSION OF PROGRAM- Subsection (b) of such section is amended by striking `no fewer than 10, but as many as 100,'.

(c) REVENUE SHARING- Subsection (d)(1) of such section is amended by inserting `the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note),' before `and any other provision'.

(d) DISCOUNTED FEES- Subsection (b)(2) of such section is amended by inserting after `testing' the following: `, including the provision of discounted or free admission or use as the Secretary considers appropriate'.

(e) CAPITAL PROJECTS- Subsection (c)(2) of such section is amended by adding at the end the following new subparagraph:

`(D) None of the funds collected under this section may be used to plan, design, or construct a visitor center or any other permanent structure without prior approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate if the estimated total cost of the structure exceeds $500,000.'.