isters the site, to remain available for expenditure in accordance with paragraph (2)(B). (C) For agencies other than the Fish and Wildlife Service and the National Park 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 available to the Secretary of the Interior until expended to be used in accordance with clauses (i), (ii), and (iii) of section 201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A)). (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)1 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)2 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 1Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1561; 16 U.S.C. 4601-6a note), provides as follows: "In fiscal year 1998 and thereafter, for those years in which the recreation fee demonstration program authorized in Public Law 104-134 is in effect, the fee collection support authority provided in 16 U.S.C. 4601-6(i)(1)(B) [probably should be 4601-6a(i)(1)(B)] applies only to parks not included in the fee demonstration program, and that the amount retained under this authority to cover fee collection costs will not exceed those costs at the non-demonstration parks, or 15 percent of all fees collected at non-demonstration parks in a fiscal year whichever is less. Fee collection costs for parks included in the fee demonstration program will be covered by the fees retained at those parks.". 2 Section 334 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 997; 16 U.S.C. 4601-6a note), provides as follows: 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. 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. 4601), 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) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 2002. Funds in accounts established shall remain available through September 30, 2005. 71-669 2001 - 10 C. Admission, Entrance, and Recreation Fees at Areas Section 1401 of the Agricultural Reconciliation Act of 1993 (title I of Public Law 103-66; 16 U.S.C. 4601-6c) SEC. 1401. [16 U.S.C. 4601–6c] ADMISSION, ENTRANCE, AND RECREATION FEES. (a) DEFINITIONS.-As used in this section: (1) AREA OF CONCENTRATED PUBLIC USE.-The term "area of concentrated public use" means an area administered by the Secretary that meets each of the following criteria: (A) The area is managed primarily for outdoor recreation purposes. (B) Facilities and services necessary to accommodate heavy public use are provided in the area. (C) The area contains at least 1 major recreation attraction. (D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations. (2) BOAT LAUNCHING FACILITY.-The term "boat launching facility" includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided. (3) CAMPGROUND.-The term "campground" means any campground where a majority of the following amenities are provided, as determined by the Secretary: (A) Tent or trailer spaces. (B) Drinking water. (C) An access road. (E) Toilet facilities. (F) The personal collection of recreation use fees by an employee or agent of the Secretary. (G) Reasonable visitor protection. (H) If campfires are permitted in the campground, simple devices for containing the fires. (4) SECRETARY.-The term "Secretary" means the Secretary of Agriculture. (b) AUTHORITY TO IMPOSE FEES.-The Secretary may charge(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and (2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors' centers, picnic tables, boat launching facilities, and campgrounds. |