4 1 (f) In subsection (c) the second sentence is revised to 2 read: "Clear notice that fee has been established pursuant 3 4 to this section shall be prominently posted at each area and at appropriate locations therein and shall be included in pub5 lications distributed at such areas.". 6 (g) In subsection (d) the first sentence is revised to 7 read: "In accordance with the provisions of this section, the 8 heads of appropriate departments and agencies may prescribe 9 rules and regulations for areas under their administration for 10 the collection of any fee established pursuant to this section.". 11 (h) In subsection (e) the first sentence is revised by 12 changing the period at the end thereof to a colon and adding 13 the following proviso: "Provided, That the head of any Fed14 eral agency, under such terms and conditions as he deems. 15 appropriate, may contract with any public or private entity 16 to provide visitor reservation services; and any such contract 17 may provide that the contractor shall be permitted to deduct 18 a commission to be fixed by the agency head from the 19 amount charged the public for providing such services and to 20 remit the net proceeds therefrom to the contracting agency.". SEC. 2. Section 9 of the Land and Water Conservation 21 22 Fund Act of 1965 (78 Stat. 897), as amended (16 U.S.C. 23 4601-10a) is further amended by deleting in the first sen24 tence "section 6 (a) (1)" and substituting "section 7(a) 25 (1)". 36-622 O 74 - 2 U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., April 5, 1974. Hon. JAMES A. HALEY, Chairman, Committee on Interior and Insular Affairs, House of Representatives, DEAR MR. CHAIRMAN: This responds to the request of your Committee for the views of this Department on S. 2844, a bill "To amend the Land and Water Conservation Fund Act, as amended, to provide for collection of special recreation use fees at additional campgrounds, and for other purposes", as passed by the Senate March 29. We recommend the enactment of S. 2844. Public Law 93-81, enacted in August 1973, amended the Land and Water Conservation Fund Act in a way that severely restricted the number of campgrounds for which use fees may be charged by Federal agencies. Campgrounds at which fees may be charged must now have "flush restrooms, showers reasonably available, access and circulatory roads, sanitary disposal stations reasonably available, visitor protection control, designated tent or trailer spaces, refuse containers and potable water". We interpret Public Law 93-81 as requiring all these facilities to be furnished at Federal expense. The effect of this provision has been substantial loss of revenues by the National Park Service, the Forest Service, the Army Corps of Engineers and other agencies which had been collecting campground fees at campgrounds which no longer qualify for fee collection. We estimate the total loss at between $7.2 million and $8.2 million per year. We believe that there is considerable support among campground users for the concept of paying reasonable fees for use of campgrounds; these users for the most part appear to be willing to pay fees if this will contribute to availability of well-maintained campgrounds. As you know, most fees collected under the fee program are funneled back into outdoor recreation functions of the collection agency under section 4 (e) of the Act. In addition, the sudden availability of free campgrounds has affected visitation at state, local and private campgrounds, and has interfered with planning of state and local governments and with income normally received by private areas. Section 1 of S. 2844 will meet these problems by permitting use fees to be charged at Federal campgrounds containing specialized outdoor recreation sites, facilities, equipment, or services furnished at Federal expense. The bill would take the approach of establishing a minimal level of campground development which must be present before a use fee may be charged by prohibiting fees at campgrounds not having tent or trailer spaces, drinking water, access roads, refuse containers, toilet facilities, and simple devices for containing a campfire (where campfires are permitted). With respect to facilities other than campgrounds, the bill deletes the test established in Public Law 93-81 that there be no charge for facilities which "virtually all visitors might reasonably be expected to utilize", and replaces this with a specific list of facilities for which charges may not be made whether the facilities are used singly or in any combination. Under S. 2844 charges could not be made for picnic areas or boat ramps unless they contained specialized facilities or services; and charges could not be made in any event for drinking water, wayside exhibits, roads, overlook sites, visitors' centers, scenic drives, and toilet facilities. Section 1 of S. 2844 also deals with several other issues involving the charging of fees under the Land and Water Conservation Fund Act where either clarification of existing authority or new authority is needed. Specifically, the section: 1. Permits Federal agencies to collect user fees at the place of use or at a place other than where the facility is provided as long as the collection point is reasonably convenient to the collecting agency and the public. 2. Clarifies that the Golden Eagle and Golden Age passports allow entry by means other than private, noncommercial vehicle, and may be used by parties entering, for example, on foot, by commercial bus, or by horseback. This clarification will place less reliance on automobile access in conformity with the policy of the agencies involved. 3. Provides that Golden Eagle passports can be purchased at any of the designated areas where they may be used and deletes the requirement that they be available at specified types of post offices. This amendment will result in significant economies in administration and should not result in any inconvenience to purchasers. 4. Clarifies that the prohibition in section 4(a) on charging admission fees at federally owned areas (other than National Park and Forest System areas) applies only to those operated and maintained by a Federal agency. Outdoor recreation sites in Federal areas are now leased to a variety of non-Federal public and private entities and are operated and/ maintained by them. The Fund Act does not prevent these entities from collecting admission fees. 5. Provides that the Golden Age Passport will be a lifetime passport, rather than one which must be reissued annually. There appears to be no reason to require reissuance once adequate proof of age has been furnished. 6. Requires the recipients of the Golden Age Passports to be citizens of the United States, or persons domiciled in the United States. 7. Clarifies the status of fees charged under section 4(b) (2), which authorizes issuance of special recreation permits for uses such as group activities, recreation events, motorized recreation vehicles, and other specialized recreation uses. The bill would make it clear that these are a separate category of fees which, unlike special recreation use fees, may be charged even in the absence of specialized facilities, sites, equipment, or services. 8. Amends section 4 (e) so it is clear the fees covered into the special account in the Treasury under that section apply only to fees collected by a Federal agency and not to fees collected by a non-Federal entity that operates and/or maintains a recreation facility at its own expense. 9. Gives the head of any Federal agency the authority to contract with any public or private entity to provide visitor reservation services and to permit the contractor to deduct a commission, fixed by the agency head, from the amount charged the public before remitting the net proceeds to the contracting agency. This amendment is needed to clarify authority to contract for reservation services in this manner. Section 2 of S. 2844 amends the State grant provisions of the Land and Water Conservation Fund Act. This section provides that whenever a State uses Fund monies to acquire recreation lands and permits the owner of a single family residence, at his option, to retain a right to use and occupancy for not less than 6 months and if the owner elects to do so, he shall be deemed to have waived replacement housing benefits and advisory assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. That Act was primarily intended to ease the impact of acquisitions under federally assisted urban renewal and highway programs where land owners were forced to vacate their property immediately and should therefore be assured of replacement housing. When an owner of recreational land wishes to retain use and occupancy rights for a significant period of time, we believe a governmental agency should not be required to provide him with replacement housing at the end of his retained term. Section 3 of S. 2844 makes a perfecting amendment in section 9 of the Fund Act, changing the reference to area, for which funds may be obligated under section 9 from areas listed in section 6(a)(1) to areas listed in section 7(a)(1). This corrects an obvious error in a section reference. In view of the continuing substantial losses of revenues from Federal campgrounds and the adverse competition to private campgrounds, we strongly support the purposes of Senate-passed S. 2844, and we urge prompt and favorable consideration of the bill. The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours, NATHANIEL REED, Assistant Secretary of the Interior. Mr. TAYLOR. I also have a letter from Hon. John Rarick with a letter addressed to Mr. Rarick from Hon. James Cleveland. Without objection they will be placed in the record at this point. Hearing none, so ordered. [The letters follow:] Hon. ROY TAYLOR, Chairman, CONGRESS OF THE UNITED STATES, AGRICULTURE COMMITTEE, Washington, D.C., April 4, 1974. Subcommittee on National Parks and Recreation, DEAR ROY: I am referring the attached letter from our colleague Jim Cleveland because his remarks are addressed to legislation before your subcommittee. It is my understanding that you expect to hold hearings on this legislation this coming Monday and Tuesday. With kindest personal regards. Enclosure. JOHN R. RARICK, CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, D.C., March 28, 1974. Hon. JOHN R. RARICK, Chairman, Forests Subcommittee, 1525 Longworth HOB, Washington, D.C. DEAR JOHN: Last year in a moment of misguided exhuberance, Congress abolished user fees on facilities in our national forests. The Senate did this to us by adding it to a House passed bill eliminating user fees for Corps of Engineer operated day-use facilities. I happen to believe that user fees in national forests are excellent and should be restored. For one thing, I think that a lack of user fees causes a lack of respect for the forests. For another, the fees provide money to pay for the services that the people are receiving. As yet, another reason, I believe that user fees encourage the development of privately owned facilities adjacent to the forests. A final concern is that a total lack of fees will encourage large numbers of people to spend extended periods of time in the forests, thereby straining facilities and lowering the rate of turnover in users. Based on the above, I would deeply appreciate your subcommittee looking into the situation, with the hope that you will take action so that user fees can be restored before the summer season. With best personal regards. JAMES C. CLEVELAND, Mr. TAYLOR. Now, I want to point out that this is not a new subject before this subcommittee, even though some of our newer members may not be as familiar with it as some of the others are. We have struggled with the issue since the Land and Water Conservation Fund became effective in 1965. Most of us thought we had resolved the controversies 2 years ago when Public Law 92-347 was enacted. Unfortunately, some agencies chose to ignore the legislative history and the intent of Congress in interpreting that act, and a new set of problems emerged. Last year the Public Works Committee addressed this issue, and we thought that the main thrust of this committee's recommendation would be to make certain that fees would be charged only for facilities which required a substantial Federal investment. Now, when this legislation passed the House it applied only to the Corps of Engineers; it was finally adopted in such a way as to apply to all Federal agencies. This legislation became Public Law 93-81 and due to many unforeseen complications led to a complete disruption of the user fee-collection system. This committee has always contended that recreationists who receive a special and exclusive benefit at Federal expense should help to pay the costs of providing the facilities and services from which they benefit. To that end, we have provided for reasonable charges for developed campgrounds, for sophisticated boat launching ramps, for bath houses and for other special facilities which would normally not be used by almost every visitor to a Federal outdoor recreation area. By the strict interpretation of Public Law 93-81, the Federal agencies have virtually eliminated the collection of all campground fees, even though these same agencies generally desire to impose a fee structure on these special facilities, and even though the general public seems to favor a reasonable charge for the use of them. Now, I frankly regret that it is necessary for us to face this legislation again and rewrite something which I thought had been placed in pretty good condition 2 years ago. I do want to be convinced before we adopt this legislation that the various agencies who administer it will show good faith in this thing and will make every effort to carry out the intent of Congress, and will make every effort to see that it works, and works effectively. Mr. SEBELIUS. Mr. Chairman, Mr. Regula, who couldn't be here this morning, addressed a letter of March 14 to Ronald H. Walker, the Director of the National Park Service; and the substance of the letter was about the campground reservation system and charges. He has asked-and I ask unanimous consent-that his letter to Mr. Walker be placed in the record, and Mr. Walker's reply be placed in the record, also. Mr. TAYLOR. In the absence of objection it is so ordered. COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Mr. RONALD H. WALKER, Director, U.S. Department of the Interior, DEAR RON: I am interested in the comment in your February 25, 1974, press release regarding your intention to discontinue the campground reservation system in the parks unless the campground user fees are reinstated by the Congress. It is my understanding and impression that the pilot campground reservation system you inaugurated last summer was well received by the public, and was considered very successful by the Service and the contractor. It seems a shame that such a successful endeavor would be dropped purely for lack of authority to coincidentally charge user fees for the campground use. Considering that the reservation system applies principally to those campgrounds where demand often exceeds supply, it would be my suspicion that the great majority of campers would prefer to pay a small fee to reserve a campsite and have the feeling of assurance and security that this buys rather than to pay nothing and be confronted with the apprehensions and hassles of the former first come first served system where campers were often turned away with no place to go. As long as the reservation service fee is nominal, I fail to see where the camping public would prefer that the reservation system be discontinued, whether user fees are charged or not, particularly since campers are not forced to use the system since many campsites are still available on a first come-first served basis. |