Rep. Bishop introduces bill to reauthorize recreation fees

E&E News
By Phil Taylor
July 29, 2014

A Utah congressman yesterday introduced a bill to reauthorize a 2004 law that dictates how fees are charged to access and use federal lands.

Rob Bishop's (R-Utah) H.R. 5204 would have a significant impact on visitors, concessionaires and outfitters that use national parks, forests or other public lands. It would also have a major impact on the budgets of federal lands agencies, particularly the National Park Service.

The measure is among more than a dozen bills to be marked up tomorrow by the House Natural Resources Committee (see related story).

"This legislation was carefully crafted to ensure that the recreation fees paid by the public are used to improve and maintain campgrounds, trails and other visitor facilities on our public lands," Bishop said yesterday in a statement. "This bill reflects suggestions from those who recreate on our public lands as well as those who help make these lands accessible, including the guides and outfitters."

Bishop's bill, crafted with input from committee ranking member Peter DeFazio (D-Ore.), would amend and extend the Federal Lands Recreation Enhancement Act until 2020.

While the law doesn't expire until December 2015, Congress needs to take some action by the end of this year in order to avoid disruptions to fee programs such as the $80 yearlong "America the Beautiful" pass, which allows access to almost all federal lands.

According to Bishop's office, the bill would "expand and improve" recreation opportunities while updating how agencies both charge and spend recreation fees.

Issues include who should be charged for recreation on public lands -- and where and when; how to ensure that the public is aware of and can comment on proposed fee changes; ensuring transparency in how the fees are distributed and used; and how to ensure that outfitters and guides are not driven out of business by bureaucracy and excessive permit fees.

The bill would require that a minimum of 90 percent of the fees collected be used at the collection site on recreational improvements such as welcome centers, trails, tours, campgrounds, picnic areas, roads and boat landings.

It would also streamline the permitting process for outfitters and guides to increase permit availability; standardize fees across federal agencies and minimize situations when multiple fees are charged within a single area; limit administrative fee increases; and boost transparency for how fees are spent, Bishop's office said.

The bill drew measured praise from conservation groups and outdoor industry officials, though it was panned by the leader of a group that warns it fails to curb administrative abuses of FLREA.

The bill is a "big improvement" over a discussion draft Bishop introduced several months ago that received a hearing before the Subcommittee on Public Lands and Environmental Regulation last April, said Paul Sanford, senior recreation specialist for the Wilderness Society (E&ENews PM, April 4).

It's also an improvement over the current law, Sanford said.

He praised one provision that would allow recreational outfitters to pay for a portion of their fees through restoration work on public lands. Other language would require agencies to use a portion of revenue from their outfitter and guide fees to administer that program, he said.

The public participation provisions are also "a significant improvement" over current law, Sanford said.

But he had some concerns over a provision he said might make it harder to get kids onto public lands, and other language that would eliminate some fee exemptions for educational institutions.

Sanford said the law also ought to be extended for more than six years.

The National Parks Second Century Action Coalition, which includes outdoor recreation, conservation, travel and tourism, historic preservation and economic development organizations, also commended Bishop for introducing his bill.

Without reauthorization, the National Park Service would be unable to retain nearly $180 million a year in recreation and entrance fees, according to the National Parks Conservation Association, a coalition member.

"Congressman Bishop's legislation helps preserve a vital part of the funding stream for our national parks and other federal lands," said a statement by Craig Obey, NPCA's senior vice president. "However, the coalition will continue to work with Congress to make adjustments to the bill as it moves through the legislative process."

Emily Douce, a budget specialist for NPCA, said the bill would limit access to America the Beautiful passes only to U.S. citizens and permanent residents.

She said NPCA supports Bishop's commitment to craft the bill with engagement from Democrats. The group has some initial concern, however, about the language that would increase from 80 percent to 90 percent the amount of fees that must remain within a park unit.

Kitty Benzar, president of the Western Slope No Fee Coalition in Durango, Colo., said the bill gives agencies "carte blanche" to charge fees for accessing federal lands, which they are apt to abuse due to shoestring budgets.

"Fees deter people from going" to public lands, she said. "It's going to make a lot of people less able to have a good recreation experience."

Benzar said the Bishop bill only appears to benefit federal lands agencies and their concessionaires.