Full Version: Imperial Sand Dunes
| QUOTE |
Thank you for your email regarding the use of Recreation Fee Demonstration Authority for Endangered Species Act related monitoring activities. The Bureau of Land Management (BLM) is pleased to respond. While Congress provided the BLM legal authority to use recreation fee demonstration funds for monitoring under Public Law 104-134, we understand that using recreation fee demonstration money for monitoring has caused significant concern. We appreciate the concerns raised by your letter, as well as by the American Sand Association and others, and are working to ensure that recreation fee funds primarily go to infrastructure and services that directly support the activities of recreation users. We are also exploring alternative ways to fund our monitoring needs as a result of the concerns that have been raised. Regarding possible fee increases, on May 7, 2004, the BLM announced its decision that fees at the Imperial Sand Dunes will be not increased for the 2004-2005 recreation season (http://www.ca.blm.gov/news/2004/05/nr/CDDNews46_impdunes.html). Taking into consideration the U.S. Fish and Wildlife Service’s Biological Opinion, BLM’s pending Recreation Area Management Plan, and our capabilities and funding, we believe the current fee is appropriate for the upcoming year. We will reassess the business plan with advice from the California Desert District’s Technical Review Team and other stakeholders at a future time. You may also be aware that Congressman Duncan Hunter included a provision in the House Interior Appropriations bill for Fiscal Year 2005 that prohibits the use of funds for the salaries and expenses of any employee for the costs of biological monitoring for species that are listed under the Endangered Species Act. That bill is currently pending in Congress. Please be assured that BLM will continue to work with Congress to ensure that adequate funds are available to sustain and effectively manage this important national recreation area. We will also seek State and local funds to help offset costs. However, recreation fees will, of necessity, continue to be a major revenue source for this area. Again, thank you for your comments. James M. Hughes Deputy Director for Policy Bureau of Land Management |
"While Congress provided the BLM legal authority to use recreation fee
demonstration funds for monitoring under Public Law 104-134"
WTF???????
damn the Clinton administration
...
Thanks FROG,,, for sending an email to the BLM... 
Remember: If they DON'T hear from you,,,everything must be FINE...
Remember: If they DON'T hear from you,,,everything must be FINE...
| QUOTE (FrOg @ Jul 15 2004, 08:04 PM) |
| "While Congress provided the BLM legal authority to use recreation fee demonstration funds for monitoring under Public Law 104-134" WTF??????? damn the Clinton administration ... |
I'll try to find that and post it, but my recollection is that there is no specific mention of species monitoring in that public law.
And, during testimony on Hunter's amendment last month, one of the people who actually helped create the fee demo legislation stated that species monitoring was never intended.
Vicki
Thanks Vicki, that would be AWESOME .... I would like to
read that ....
read that ....
| QUOTE (FrOg @ Jul 16 2004, 06:36 AM) |
| Thanks Vicki, that would be AWESOME .... I would like to read that .... |
Me too
In the meantime, maybe you should write back to him and ask him to clarify this statement:
| QUOTE |
| While Congress provided the BLM legal authority to use recreation fee demonstration funds for monitoring under Public Law 104-134, we understand that using recreation fee demonstration money for monitoring has caused significant concern. |
You know... something like "Thank you for your response. I was not aware that Public Law 104-134 specifically authorizes using fee demo money for species monitoring. Please clarify."
Could be he's using a play on words here... like the law authorizes some other kind of monitoring (expenditures, etc.), but I won't be sure until I get a chance to do the re-read the law. Asking him for clarification would force his hand and could be educational
Vicki
Done .... awaiting response .... 
| QUOTE |
Sec. 315. (NOTE: 16 USC 4601-6a.) Recreational Fee Demonstration Program .-- (a) The Secretary of the Interior (acting through the Bureau of Land Management, the National Park Service and the United States [[Page 110 STAT. 1321-201]] Fish and Wildlife Service ) and the Secretary of Agriculture (acting through the Forest Service) shall each implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal lands. (b) In carrying out the pilot program established pursuant to this section, the appropriate Secretary shall select from areas under the jurisdiction of each of the four agencies referred to in subsection (a) no fewer than 10, but as many as 50, areas, sites or projects for fee demonstration. For each such demonstration, the Secretary, notwithstanding any other provision of law-- (1) shall charge and collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services by individuals and groups, or any combination thereof; (2) shall establish fees under this section based upon a variety of cost recovery and fair market valuation methods to provide a broad basis for feasibility testing; (3) may contract, including provisions for reasonable commissions, with any public or private entity to provide visitor services, including reservations and information, and may accept services of volunteers to collect fees charged pursuant to paragraph (1); (4) may encourage private investment and partnerships to enhance the delivery of quality customer services and resource enhancement, and provide appropriate recognition to such partners or investors; and (5) may assess a fine of not more than $100 for any violation of the authority to collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and services. C) (1) Amounts collected at each fee demonstration area, site or project shall be distributed as follows: (A) Of the amount in excess of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by 4%, eighty percent to a special account in the Treasury for use without further appropriation, by the agency which administers the site, to remain available for expenditures in accordance with paragraph (2)(A). (B) Of the amount in excess of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by 4%, 20 percent to a special account in the Treasury for use without further appropriation, by the agency which administers the site, to remain available for expenditure in accordance with paragraph (2)(B). C) For agencies other than the Fish and Wildlife 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 distributed in accordance with section 201C) of the Emergency Wetlands Resources Act. [[Page 110 STAT. 1321-202]] (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) 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) 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 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. 460l), 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) (NOTE: Effective date. Termination date.) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 1998. Funds in accounts established shall remain available through September 30, 2001. -------------------------------------------------------------------------------- H.R. 3610 of the 104th Congress added the following amendment to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. This amendment doubled the number of fee test areas and extended the program through September 30, 1999, and changed the authorization of fee revenue expenditure to September 30, 2002. -------------------------------------------------------------------------------- Sec. 319. Section 101C) of Public (NOTE: 16 USC 460l-6a note.) Law 104-134 is amended as follows: Under the heading ``Title III--General Provisions'' amend section 315(b) by striking ``50, areas,'' and inserting in lieu thereof ``100, areas,'' and amend section 315(f) by striking ``September 30, 1998'' and inserting in lieu thereof ``September 30, 1999'' and by striking ``September 30, 2001'' and inserting in lieu thereof ``September 30, 2002''. -------------------------------------------------------------------------------- H.R. 4193 of the 105th Congress added the following amendment to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. This amendment extends the program through September 30, 2001, and changed the authorization of fee revenue expenditure to September 30, 2004. -------------------------------------------------------------------------------- Sec. 328. Section 101C) of Public Law 104-134, as amended, is further amended as follows: Under the heading `Title III--General Provisions' amend section 315(f)(16 U.S.C. 460l-6a note) by striking `September 30, 1999' after the words `and end on' and inserting `September 30, 2001' and striking `September 30, 2002' after the words `remain available through' and inserting `September 30, 2004'. -------------------------------------------------------------------------------- H.R. 4578 of the 106th Congress added the following amendments to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. One amendment extends the program through September 30, 2002, and changed the authorization of fee revenue expenditure to September 30, 2005. Another amendment prevents the use of Recreational Fee Demonstration Program revenues for the construction of facilities costing over $500,000, without Congressional approval. The last related amendment ensures that concessionaires will not be displaced from running Forest Service facilities, even if funds from the Recreaional Fee Demonstration Program could allow the Forest Service to do so. -------------------------------------------------------------------------------- SEC. 314. None of the funds collected under the Recreational Fee Demonstration program may be used to plan, design, or construct a visitor center or any other permanent structure without prior approval of the House and the Senate Committees on Appropriations if the estimated total cost of the facility exceeds $500,000. -------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------- SEC. 336. In section 315(f) of title III of section 101C) of Public Law 104-134 (16 U.S.C. 460l-6a note), as amended, strike `September 30, 2001' and insert `September 30, 2002', and strike `September 30, 2004' and insert `September 30, 2005'. -------------------------------------------------------------------------------- H.R. 2217 of the 107th Congress added the following amendments to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. One amendment extends the program through September 30, 2004, and changed the authorization of fee revenue expenditure to September 30, 2007. Another change lifts cap of 100 projects that each affected agency is allowed to implement, allowing an unlimited number of projects to be authorized by each agency. -------------------------------------------------------------------------------- SEC. 312. (a) RECREATIONAL FEE DEMONSTRATION PROGRAM- Subsection (f) of section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101C) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is amended-- (1) by striking `commence on October 1, 1995, and end on September 30, 2002' and inserting `end on September 30, 2004'; and (2) by striking `September 30, 2005' and inserting `September 30, 2007'. (b) EXPANSION OF PROGRAM- Subsection (b) of such section is amended by striking `no fewer than 10, but as many as 100,'. C) REVENUE SHARING- Subsection (d)(1) of such section is amended by inserting `the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note),' before `and any other provision'. (d) DISCOUNTED FEES- Subsection (b)(2) of such section is amended by inserting after `testing' the following: `, including the provision of discounted or free admission or use as the Secretary considers appropriate'. (e) CAPITAL PROJECTS- Subsection C)(2) of such section is amended by adding at the end the following new subparagraph: `(D) None of the funds collected under this section may be used to plan, design, or construct a visitor center or any other permanent structure without prior approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate if the estimated total cost of the structure exceeds $500,000.'. -------------------------------------------------------------------------------- H.R. 2691 of the 108th Congress added the following amendments to the authorization of the Recreational Fee Demonstration Program in Public Law 104-134. One amendment emhances protections of contracts for private concessionaires. The other amendment extends the program through September 30, 2004, and changed the authorization of fee revenue expenditure to September 30, 2007. -------------------------------------------------------------------------------- SEC. 319. 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. -------------------------------------------------------------------------------- *The following text is taken from a conference report between the House and Senate on the differing versions of each of their appropriations bills. The legal text will be provided at a later date.* Section 332--The conference agreement modifies House section 332 to extend the Recreation Fee Demonstration Program for 15 months instead of a two-year extension as proposed by the House. |
"resource preservation"
Yeah, I read that too... and I'm betting that's what Hughes will respond with.
But it will be interesting to see just how well he tap-dances
Vicki
Yeah, I read that too... and I'm betting that's what Hughes will respond with.
But it will be interesting to see just how well he tap-dances
Vicki
Here's his exact response :
| QUOTE |
Thank you for contacting the Bureau of Land Management. Congress provided the BLM legal authority to use recreation fee demonstration funds for monitoring in Section 315©(3) of Public Law 104-134, which states: In order to increase the quality of the visitor experience at the public recreation areas and enhance protection of resources [italics added], amounts available for expenditures under this section may only be used for the area, site, or project concerns, for backlogged repair and maintenance projects (including projects related to health and safety) and for interpretation, signate, habitat . . . management, resource preservation, annual operation [including fee collection] maintenance and law enforcement relating to public use. |
NO, I did not leave any of it out.... he did ....
here is the exact wording of the document in ? :
| QUOTE |
PL 104-134, HR 3019, Interior and Related Agencies Appropriations for fiscal year 1996 (4/26/96) SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM.— (3) 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 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 agency-wide 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. |
Funny how he can put his on spin on this ....
Here is the ENTIRE Legislative history on this Public Law:
http://www.fs.fed.us/recreation/programs/f...tory122001.html
http://www.fs.fed.us/recreation/programs/f...tory122001.html
| QUOTE (FrOg @ Jul 16 2004, 04:16 PM) |
| Funny how he can put his on spin on this .... |
Absolutely. That's why writing legislation is such a tricky process... and that's also why lawyers and dork*roaches will always be around
Vicki
I don't mind them using some of the fee money to do some research, but what is there limit. I read where they used $900,000 to research thie plant 
On my season pass it says they will use some of the money collected to do research, but it doesn't say how much of the money.
On my season pass it says they will use some of the money collected to do research, but it doesn't say how much of the money.
| QUOTE (FROG @ Jul 16 2004, 07:29 AM) | ||
from : http://www.freeourforests.org/
|
They squander the funds under the guise of this kind of Gobbledygook
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