[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4533 Reported in House (RH)]

                                                 Union Calendar No. 439

103d CONGRESS

  2d Session

                               H. R. 4533

                          [Report No. 103-793]

_______________________________________________________________________

                                 A BILL

To promote entrepreneurial management of the National Park Service, and 
                          for other purposes.

_______________________________________________________________________

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 439
103d CONGRESS
  2d Session
                                H. R. 4533

                          [Report No. 103-793]

To promote entrepreneurial management of the National Park Service, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 1994

    Mr. Vento (by request) introduced the following bill; which was 
             referred to the Committee on Natural Resources

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 26, 
                                 1994]

_______________________________________________________________________

                                 A BILL


 
To promote entrepreneurial management of 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 ``National Park Service 
Entrepreneurial Management Reform Act of 1994''.

SEC. 2. FEES.

    (a) Admission Fees.--Section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is 
amended as follows:
            (1) In the first sentence of paragraph (1)(A)(i), by 
        striking ``$25'' and inserting ``$40''.
            (2) By amending the second sentence of paragraph (1)(A)(i) 
        to read as follows: ``The permittee and the accompanying 
        spouse, children, and parents of the permittee shall be 
        entitled to general admission into any area designated pursuant 
        to this section.''.
            (3) By modifying the margin of clause (ii) of paragraph 
        (1)(A) to align with the margin of clause (i).
            (4) By inserting at the end of clause (ii) of paragraph 
        (1)(A) the following: ``Such receipts shall be made available, 
        subject to appropriation, for authorized resource protection, 
        rehabilitation, and conservation projects as provided for by 
        subsection (i), including projects to be carried out by the 
        Public Land Corps or any other conservation corps pursuant to 
        the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and 
        following), or other related programs or authorities, on lands 
        administered by the Secretary of the Interior and the Secretary 
        of Agriculture.''.
            (5) In paragraph (1)(B), by striking ``$15'' and inserting 
        ``$25'' and by adding at the end the following new sentence: 
        ``Any amount by which the fee for such an annual permit exceeds 
        $15 shall be credited to the appropriation account of the unit 
        of the National Park System that collected the fee, shall be 
        available to the unit without further appropriation, and shall 
        remain available until expended.''.
            (6) In paragraph (2), by inserting ``(A)'' after ``(2)'', 
        by striking the fifth and sixth sentences, by amending the 
        fourth sentence to read as follows: ``The fee for a single-
        visit permit at any designated area shall be not more than $6 
        per person for persons entering by any means, except that the 
        fee shall not exceed $20 for all persons entering a designated 
        area in a single noncommercial vehicle.'', and by adding at the 
        end the following new subparagraph:
            ``(B) The Secretary shall establish a pilot project at 
        Yosemite National Park that utilizes incentives, including 
        waiving or reducing admission fees, to encourage use of public 
        transit which serves the purpose of reducing vehicular traffic 
        within Yosemite National Park.''.
            (7) In paragraph (3), by striking the last sentence.
            (8) In paragraph (4), by striking ``No other free permits 
        shall be issued to any person'' and inserting ``No other free 
        permits shall be issued to any person, except as otherwise 
        provided by this subsection''.
            (9) In paragraph (4), by amending the second sentence to 
        read as follows: ``Such permit shall be nontransferable, shall 
        be issued for a one-time charge of $10, and shall entitle the 
        permittee and the accompanying spouse of the permitee to 
        general admission into any area designated pursuant to this 
        subsection.''.
            (10) In paragraph (6) by striking ``on Interior and Insular 
        Affairs'' and inserting ``on Natural Resources''.
            (11) In paragraph (9), by striking ``San Juan National 
        Historic Site, and Canaveral National Seashore'' and inserting 
        ``and San Juan National Historic Site'' and by adding the 
        following at the end thereof: ``The Secretary of the Interior 
        shall submit a report to the Congress within 6 months after the 
        enactment of this sentence respecting the areas at which the 
        Secretary determines admission fees would be appropriate but at 
        which such fees are prohibited by law and respecting each area 
        at which such fees are authorized but not being collected 
        (including an explanation of the reasons that such fees are not 
        being collected).''.
            (12) By amending paragraph (11) to read as follows:
            ``(11) In the case of Yellowstone and Grand Teton National 
        Parks, a single-visit fee collected at one unit shall also 
        admit the person who paid such fee for a single visit to the 
        other unit.''.
    (b) Penalty.--Section 4(e) of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking 
``$100'' and inserting ``$1,000''.
    (c) Technical Amendments.--(1) Section 4(h) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is 
amended by striking ``on Interior and Insular Affairs of the United 
States House of Representatives and United States Senate'' and 
inserting ``on Natural Resources of the United States House of 
Representatives and on Energy and Natural Resources of the United 
States Senate'', by striking ``Bureau of Outdoor Recreation'' and 
inserting ``National Park Service'', and by striking ``Bureau'' and 
inserting ``National Park Service''.
    (2) Section 4(g) of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or 
charges for commercial or other activities not related to recreation''.
    (d) Use of Fees.--Section 4(i) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as 
follows:
            (1) By inserting ``Use of Fees.--'' after ``(i)''.
            (2) In the first sentence of paragraph (1)(B), by striking 
        ``fee collection costs for that fiscal year'' and inserting 
        ``fee collection costs for the immediately preceding fiscal 
        year'' and by striking ``section in that fiscal year'' and 
        inserting ``section in such immediately preceding fiscal 
        year''.
            (3) In the second sentence of paragraph (1)(B), by striking 
        ``in that fiscal year''.
            (4) In paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(C) Notwithstanding subparagraph (A) and notwithstanding any 
other provision of law, for fiscal years after fiscal year 1995, the 
amount by which the receipts collected pursuant to this section by the 
National Park Service (except for the portion of fee receipts withheld 
as provided in subparagraph (B) for fee collection costs) exceeds the 
receipts collected pursuant to this section by the National Park 
Service in fiscal year 1993 shall be covered into a special fund 
established in the Treasury of the United States to be known as the 
`National Park Renewal Fund'. Amounts in such fund shall be available 
to the Secretary of the Interior, without further appropriation, for 
resource protection, research, interpretation, and maintenance 
activities related to resource protection and visitor enjoyment in 
areas managed by the National Park Service and shall be allocated among 
national park system units in accordance with subsection (j). Such 
amounts shall remain available until expended. The Secretary shall 
develop procedures for the use of amounts in the fund that ensure 
accountability and demonstrated results consistent with the purposes of 
this Act. Beginning after the first full fiscal year following 
enactment of this subparagraph, the Secretary shall submit an annual 
report to Congress, on a unit-by-unit basis, detailing the fees 
receipts collected pursuant to this section and the expenditures of 
such receipts.''.
    (e) Time of Reimbursement.--Section 4(k) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is 
amended by striking the last sentence.
    (f) Fees for Special Uses.--Section 4 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is 
amended by adding the following new subsection at the end:
    ``(o) Fees for Special Uses.--The Secretary of the Interior shall 
establish reasonable fees for nonrecreational uses of national park 
system units that require special arrangements, including permits. The 
fees shall be set at such level as the Secretary deems necessary to 
insure that the United States will receive fair market value for the 
use of the area concerned and shall, at a minimum, cover all costs of 
providing necessary services associated with such special uses, except 
that the Secretary may, in his discretion, waive or reduce such fees in 
the case of any nonprofit organization or any organization using an 
area within the national park system for educational or park-related 
purposes. Notwithstanding any other provision of law, the Secretary 
shall retain so much of the revenue from such fees as is equal to fee 
collection costs and the costs of providing the necessary services 
associated with such special uses. Such retained amounts shall be 
credited to the appropriation account for the national park system unit 
concerned and shall remain available until expended, beginning in the 
fiscal year in which the amounts are so credited.''.
    (g) Admission or Recreation Use Fees.--Section 4 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is 
amended by adding the following new subsection at the end:
    ``(p) Admission or Recreation Use Fees.--Notwithstanding any other 
provision of law, 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. 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--
            (1) The term ``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 
        any authorized functions and responsibilities of the Secretary 
        with respect to any unit of the national park system (as 
        defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 
        1b-1c)), any affiliated area, or any designated national scenic 
        or historic trail.
            (2) The term ``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, subject to appropriation, to 
provide the Federal funding share from any funds available to the 
National Park  Service.

SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

    Notwithstanding any other provision of law, any funds payable to 
United States as restitution on account of damage to national park 
resources or property shall be paid to the Secretary of the Interior. 
Any such funds, and any other funds received as a result of forfeiture, 
compromise, or settlement on account of damage to national park 
resources or property shall be credited to the appropriation account 
for the national park system unit concerned and shall be available, 
without further appropriation, for expenditure by the Secretary, 
without regard to fiscal year limitation, to improve, protect, or 
rehabilitate any park resources or property which have been damaged by 
the action of a permittee or any unauthorized person.