We have interpreted this provision of the section, in view of the legislative history, as taking effect immediately upon enactment. This view finds support in the floor discussion on the section. During the House debate on the conference report on S. 3710, 90th Congress, Congressman Edmundson stated, with regard to Section 210 (vol. 114, Congressional Record, No. 135, p. H7946):

"Government personnel administering fee programs at these reservoirs are expected to take note of the provisions of Section 210 regarding user fees in general at these lakes and reservoirs, and should move without delay to eliminate all fees in conflict with the provisions stated therein. No fees of any kind should be imposed for access to, or use of, undeveloped or lightly developed shoreland, picnic grounds, overlook sites, scenic drives, or boat launching ramps where no mechanical or hydraulic equipment is provided" (Underscoring added).

Congressman Albert stated (vol. 114, Congressional Record, No. 121, p. H6579):

"The same provision (Sec. 210) assures that user fees at these lakes, following enactment and presidential approval of S. 3710, will no longer be used to deny access to and use of water areas. Picnic areas, lightly developed shorelands, scenic drives and many other areas of our lakes would be freed from these user fees."

In addition, shortly after enactment, the House Public Works Committee with which section 210 originated, passed a resolution. affirming the intent that termination of user fees be effected immediately. That resolution stated:

"Resolved, That it is the consensus of the Committee on Public Works that new policy on fees charged the public at the Army Engineer reservoirs established in the 1968 River and Harbor Flood Control Act (Public Law 90-483) should be implemented by the Chief, Army Engineers without further delay, to assure immediate free access to and use of waters in these reservoirs by the public."

While section 210 is somewhat unclear as to the effective date of the provision concerning user fees, in view of the above legislative history we feel that out interpretation that it provided for the termination of certain user fees immediately upon enactment was a reasonable one.

Prior to the enactment of section 210, the Corps of Engineers, pursuant to the Land and Water Conservation Fund Act of 1965, imposed charges, characterized as entrance fees, at designated outdoor recreation areas.

The only areas so designated were those containing facilities such as picnic tables, boat launching ramps, water, sanitary facilities, and campsites. This fee was payable by persons entering for the purpose of using any of these facilities.

After the enactment of section 210, we considered it necessary to discontinue the existing system of charges, as its continuance would violate the prohibitions as to user fees for lightly developed facilities as defined in section 210. This is because persons entering an area to engage in activities for which section 210 prohibits a user fee would be paying such a fee if the entrance fee were retained, just as would those persons entering to utilize a highly developed facility for which a user fee may be charged.

Accordingly, the existing system of charges was discontinued in October in 1968, in favor of a system of user fees as provided for in

section 210. At present, no such fees are being charged, as there are no areas which meet both the requirements of section 210 and of the Land and Water Conservation Fund Act of 1965.

When and as areas are developed which meet these requirements we will, of course, impose user fees as authorized by section 210. Sincerely yours,

F. J. CLARKE,
Major General, U.S. Army,

Deputy Chief of Engineers.

CHANGES IN EXISTING LAW

In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, S. 2315, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

THE LAND AND WATER CONSERVATION FUND ACT, AS AMENDED, (PUBLIC LAW 88-578; 78 STAT. 897; 16 U.S.C. 4601)

To establish a land and water conservation fund to assist the States and Federal agencies in meeting present and future outdoor recreation demands and needs of the American people, and for other purposes.

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

TITLE I-LAND AND WATER CONSERVATION

PROVISIONS

SHORT TITLE AND STATEMENT OF PURPOSES

SECTION 1. (a) CITATION; EFFECTIVE DATE.-This Act may be cited as the "Land and Water Conservation Fund Act of 1965" and shall become effective on January 1, 1965.

(b) PURPOSES.-The purposes of this Act are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas.

CERTAIN REVENUES PLACED IN SEPARATE FUND

SEC. 2. SEPARATED FUND.-During the period ending June 30, 1989. and during such additional period as may be required to repay any advances made pursuant to section 4(b) of this Act, there shall be

covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the "fund," the following revenues and collections:

(a) ENTRANCE AND USER FEES; ESTABLISHMENT; REGULATIONS.All proceeds from entrance, admission, and other recreation user fees or charges collected or received by the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority, and the United States section of the International Boundary and Water Commission (United States and Mexico), notwithstanding any provision of law: Provided, That nothing in this Act shall affect any rights or authority of the States with respect to fish and wildlife, nor shall this Act repeal any provision of law that permits States or political subdivisions to share in the revenues from Federal lands or affect any contract heretofore entered into by the United States that provides that such revenues collected at particular Federal areas shall be credited to specific purposes; but the proceeds from fees or charges established by the President pursuant to this subsection for entrance or admission generally to Federal areas shall be used solely for the purposes of this Act. The President is authorized, to the extent and within the limits hereinafter set forth, to designate or provide for the designation of land or water areas administered by or under the authority of the Federal agencies listed in the preceding paragraph at which entrance, admission, and other forms of recreation user fees shall be charged and to establish and revise or provide for the establishment and revision of such fees as follows:

(i) An annual fee of not more than [$7] $10 payable by a person entering an area so designated by private noncommercial automobile which, if paid, shall excuse the person paying the same and anyone who accompanies him in such automobile from payment of any other fee for admission to that area and other areas administered by or under the authority of such agencies, except areas which are designated by the President as not being within the coverage of the fee, during the year for which the fee has been paid.

(ii) Fees for a single visit or a series of visits during a specified period of less than a year to an area so designated payable by persons who choose not to pay an annual fee under clause (i) of this paragraph or who enter such an area by means other than private noncommercial automobile.

(iii) Fees payable for admission to areas not within the coverage of a fee paid under clause (i) of this paragraph.

(iv) Fees for the use within an area of sites, facilities, equipment, or services provided by the United States.

Entrance and admission fees may be charged at areas administered primarily for scenic, scientific, historical, cultural, or recreational purposes. No entrance or admission fee shall be charged except at such areas or portions thereof administered by a Federal agency where recreation facilities or services are provided at Federal expense. No fee of any kind shall be charged by a Federal agency under any provision of this Act for use of any waters. All fees established pursuant to this subsection shall be fair and equitable, taking into consideration direct and indirect cost to the Government, benefits to the recipient,

public policy or interest served, and other pertinent factors. Nothing contained in this paragraph shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation. No such fee shall be charged for travel by private noncommercial vehicle over any national parkway or any road or highway established as a part of the national Federal-aid system, as defined in section 101, title 23, United States Code, or any road within the National Forest system or a public land area, which, though it is part of a larger area, is commonly used by the public as a means of travel between two places either or both of which are outside the area. No such fee shall be charged any person for travel by private noncommercial vehicle over any road or highway to any land in which such person has any property right if such land is within any such designated area.

No fees established under clause (ii) or clause (iii) of the second paragraph of this subsection shall become effective with respect to any area which embraces lands more than half of which have heretofore been acquired by contribution from the government of the State in which the area is located until sixty days after the officer of the United States who is charged with responsibility for establishing such fees has advised the Governor of the affected State, or an agency of the State designated by the Governor for this purpose, of his intention, so to do, and said officer shall, before finally establishing such fees, give consideration to any recommendation that the Governor or his designee may make with respect thereto within said sixty days and to all obligations, legal or otherwise, that the United States may owe to the State concerned and to its citizens with respect to the area in question. In the Smoky Mountains National Park, unless fees are charged for entrance into said park on main highways and thoroughfares, fees shall not be charged for entrance on other routes into said park or any part thereof.

There is hereby repealed the third paragraph from the end of the division entitled "National Park Service" of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the second paragraph from the end of the division entitled "National Park Service" of section 1 of the Act of March 4, 1929 (45 Stat. 1602; 16 U.S.C. 14). Section 4 of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved December 24, 1944 (16 U.S.C. 460d), as amended by the Flood Control Act of 1962 (76 Stat. 1195) is further amended by deleting", without charge," in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by this Act or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shoreline, shall be affected by this repealer.

The heads of departments and agencies are authorized to prescribe rules and regulations for the collection of any entrance, admission, and other recreation user fees or charges established pursuant to this subsection for areas under their administration: Provided further, That no free passes shall be issued to any Member of Congress or other

government official. Clear notice that a fee or charge has been established shall be posted at each area to which it is applicable. Any violation of any rules or regulations promulgated under this title at an area so posted shall be punishable by a fine of not more than $100. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in title 18, United States Code, section 3401, subsections (b), (c), (d), and (e), as amended.

Committee Note: The foregoing section 2(a) sets forth the law as it now is until March 31, 1970, except for the indicated change in annual fee or "golden eagle passport" charge provided by S. 2315. Public Law 90-401 repealed the above section 2(a), providing in lieu thereof as follows:

[That (a) section 2, subsection (a), of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460 1-5), except the fourth paragraph thereof, is repealed; said fourth paragraph is redesignated section 10 of said Act; and subsections (b) and (c) of said section 2 are redesignated (a) and (b), respectively.

(b) It is not the intent of the Congress by this repealer to indicate that Federal agencies which have under their administrative jurisdiction areas or facilities used or useful for outdoor recreation or which furnish services related to outdoor recreation shall not exercise any authority they may have, including authority under section. 501 of the Act of August 31, 1951 (65 Stat. 290; 31 U.S.C. 483a), or any authority they may hereafter be given, to make reasonable charges for admission to such areas, for the use of such facilities, or for the furnishing of such services. Except as otherwise provided by law or as may be required by lawful contracts entered into prior to September 3, 1964, providing that revenues collected at particular Federal areas shall be credited to specific purposes, all fees so charged shall be covered into a special account under the Land and Water Conservation Fund and shall be available for appropriation, without prejudice to appropriations from other sources for the same purposes, for any authorized outdoor recreation function of the agency by which the fecs were collected.

(c) Section 6, subsection (a), of said Act is amended by striking out the words "in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for which admission fees are charged under section 2 of this Act".

(d) The provisions of subsections (a) and (c) of this section shall be effective March 31, 1970. Until that date, revenues derived from the subsection (a) that is repealed by this section shall continue to be covered into the fund.]

S. 2315 would rescind the provision of Public Law 90-401 which repealed section 2(a) of the original Land and Water Conservation Fund Act, thus reinstating its provisions, since the repeal is not effective until March 31, 1970.

(b) SURPLUS PROPERTY SALES.-All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under author