ENTRANCE, ADMISSION, AND USER FEES AT CORPS OF ENGINEERS PROJECTS-1967 TUESDAY, NOVEMBER 14, 1967 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON PUBLIC WORKS, Washington, D.C. The committee met at 10:10 a.m., in room 2167, Rayburn House Office Building, Hon. Robert E. Jones, subcommittee chairman, presiding. Mr. JONES. The subcommittee will come to order for the further consideration of a number of bills that deal with user charges or entrance fees to the reservoir areas managed by the Corps of Engineers. Our first witness today is Col. James B. Meanor, Executive Director of Civil Works Division, Office of Chief of Engineers, Department of the Army. When we scheduled this hearing, it was estimated that we could stay in session until 12 o'clock. But we go in session at 11 o'clock on the House, and on that basis, I would appreciate if the members will withhold their questions of the witness until after the conclusion of the general statement. Colonel Meanor? STATEMENT OF COL. JAMES B. MEANOR, JR., EXECUTIVE DIRECTOR OF CIVIL WORKS, OFFICE OF THE CHIEF OF ENGINEERS, ACCOMPANIED BY MARK S. GURNEE, CHIEF, OPERATIONS DIVISION, CIVIL WORKS DIRECTORATE, AND HARRY O'NEILL, CHIEF, MANAGEMENT AND DISPOSAL DIVISION, REAL ESTATE DIRECTORATE Colonel MEANOR. Mr. Chairman and members of the committee: I am Col. James B. Meanor, Jr., Executive Director of Civil Works, Office, Chief of Engineers, Department of the Army. I am accompanied by, on my left, Mr. Harry O'Neill, Chief, Management and Disposal Division, Directorate of Real Estate, and on my right, Mr. Mark S. Gurnee, Chief of the Civil Works Operations Division. I appreciate the opportunity to appear before this committee to discuss the use of Federal lands and facilities by the public at projects authorized by the Congress and constructed by the corps. With your permission, I should like to show a few slides during the presentation of my statement. (119) The bill, H.R. 11236, would except from the provisions of the Land and Water Conservation Fund Act of 1965, facilities administered by the Corps of Engineers by prohibiting the charging of a fee for entrance, admission, or access or for the use of minimum recreational facilities. This exception is assumed not to apply to fees or charges collected by States or local interests in the administration of project areas which have been leased to them; nor to national recreation areas, where the authorizing legislation might well cover the specific application, nor to the collection of user fees as defined in Public Law 88578. It is recommended that the bill, if enacted, be clarified on these points. The bill would also prohibit the Secretary of the Army from collecting or receiving any fee or charge for the issuance of any permit or license for any boat mooring or docking facility, duckblind, ski-jump float, swimming or diving platform or raft or any other similar floating facility, but would not prohibit the Secretary from requiring a permit or license for any such floating facilities. It is also assumed that this prohibition would apply to fixed as well as floating facilities of the type specified in the bill located on Federal project lands, recognizing that the charges to be imposed under corps regulations are for the exclusive private use of the underlying lands, and not for the use of the waters. There is a substantial difference in the problems relating to these two separate parts of H.R. 11236, and, accordingly, I would like to divide my statement into two parts, namely (a) entrance fees under the Land and Water Conservation Fund Act and (b) charging for special privileges granted on Government land and water to private interests. First, I want to address myself to entrance fees. The Congress enacted the Land and Water Conservation Fund Act of 1965 (Public Law 88-578) approved September 3, 1964. The purpose of the act was to improve outdoor recreation resources by providing funds for, and authorizing Federal assistance to, the States in planning, acquisition, and development of needed land and water areas and facilities; and providing funds for the Federal acquisition and development of certain lands and other areas. The ordinance for the Government of the territory of the United States northwest of the Ohio River enacted in 1787 provided: The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, import or duty therefor. This remains the national policy today and fees for the use of federally developed and operated recreation facilities do not violate this policy. During the period 1944 to 1965, access to and use of the reservoirs and attendant facilities under the jurisdiction of the Department of the Army was granted to the public without charge by the authority of section 4 of the Flood Control Act of 1944, as amended, which provided: "The water areas of all such projects shall be open to public use generally, without charge for boating, swimming, bathing, fishing, and other recreation purposes." The Land and Water Conservation Fund Act of 1965 specifically modified this authority by deleting the words "without charge," which had the effect of eliminating any contention that this language excluded Corps of Engineers projects from the entrance fee provisions of the act. This act was supplemented by Executive Order 11200, which authorized the Federal agency heads to impose entrance and user charges beginning April 1, 1965. The President delegated the Secretary of the Interior responsibility for establishing a recreation user fee schedule, and to fix specific charges at each designated area. Regulations for this purpose have been promulgated by the Secretary under title 43, subtitle A, part 18, recreation fees, CFR which provide "that fees shall be charged if the following conditions are found to exist concurrently: (1) The area is administered by any of the eight agencies specified in 18.1 hereof. (2) The area is administered primarily for scenic, scientific, historical, cultural or recreational purposes. (3) The area has recreation facilities or services provided at Federal expense; and (4) The nature of the area is such that fee collection is administratively and economically practical. An area, as covered by this Executive order, and as applicable to Corps of Engineers projects, has been assumed to be a location adjacent to the water where sufficient lands are available for concentrated public use. Such areas are normally spaced around a reservoir with frequency and size depending on terrain, access, anticipated use, and other planning principles. The relationship between a project and an individual area are illustrated by showing two slides. Slide No. 1: This is an aerial view of W. Kerr Scott Reservoir, situated on the Yadkin River, in a scenic, mountainous area of northwestern North Carolina. Approximately 1 million people live within 50 miles of the reservoir. Within 75 miles are large urban areas including Charlotte, Asheville, Winston-Salem, High Point and Greensboro. Slide No. 2: The general development plan of W. Kerr Scott Reservoir illustrates the relationship between a reservoir project and individual public use areas around the reservoir. Public use areas are shown in yellow. The current detailed criteria for designation of public use areas at which entrance fees would be charged at the Corps of Engineers projects and approved by the Bureau of Outdoor Recreation for the Secretary of the Interior are: (A) Federal expenditure of at least $25,000 for recreation facilities (exclusive of roads) with minimum facilities provided to include the following: picnic tables, fireplaces, trash collection; paved boat launching ramp; parking area; potable water; sanitary facilities; and camping area. (B) At least 25 acres of usable land above the conservation pool. (C) Attendance of at least 50,000 visits per year. (D) Potential for further sophisticated development. Consideration is also given to such factors as to whether there are other public use areas on the same project with minimum recreation facilities where no fee is charged. There will be at least one such nocharge area at each project. There are also overlook areas, with park ing and display boards, where visitors may view the project without charge. These criteria have been the basis of selection of areas at which entrance fees were charged at Corps projects both in 1966 and 1967. The Corps regulations pertaining to fees for the current season are enunciated in EC 1130-2-38, a copy of which I offer for the record. (The document referred to follows:) DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF ENGINEERS, CIRCULAR No. 1130-2-38 EXPIRES MARCH 31, 1968, UNLESS SOONER SUPERSEDED OR RESCINDED PROJECT OPERATIONS (Designated Areas and Admission Fees April 1, 1967, to March 31, 1968-Civil Works Projects) 1. Purpose and Scope.-To implement the Secretary of the Army's determination of "Designated Recreation Areas" under Land and Water Conservation Fund Act of 1965 and to prescribe procedures for such implementation during the period 1 April 1967 to 31 March 1968. 2. Reference.— (a) Federal Register 10 Jan 1967, Title 43, Subtitle A, Part 18, Recreation Fees. (b) Land and Water Conservation Fund Act of 1965. (c) Executive Order 11200 dated 26 February 1965. (d) BOR information pamphlets to accompany Gold Permits. 3. Designated Areas.-Each of the access areas listed on Appendix I. 4. Period of Applicability.-Entrance charges at the designated Corps areas listed will be in effect until 31 March 1968, except that each District Engineer is hereby delegated authority to determine the period of applicability for any access area for which the extent of use warrants. Such determinations should be made for those months for which attendance approximates that of the summer months, and for which the activity can be staffed. The Division Engineer and OCE should be advised by letter of these determinations. 5. Notice to the Public.-OCE will supply District Engineers two types of metal signs to be posted promptly on receipt at each access area shown on Appendix I. The U.S. fee area sign will be displayed to give advance warning of an entrance fee area. The 2nd sign will be posted near the entrance to the fee area. This sign indicates the type of permits required, annual, 6 month or daily as indicated in the Secretary of the Army's determination. The words from and two under the 6 month permit should be obliterated. This permit is good for 6 months from date of issue but not beyond 31 March 68. District Engineers will post a third sign indicating where permits may be purchased. This sign should also say, "the entrance fee is not applicable to those going to the leased concession site solely to utilize the services and facilities," where pertinent. 6. Types of Permit.-As set forth in Appendix I. The Annual Gold Permit will be honored for admission to all Federal Designated Areas. Both short term permits are good for all designated access areas of a single project. These permits when used for admission by vehicle must be displayed inside the vehicle in full view, preferably on the sun visor or dashboard on the left side of the car. 7. Sale of Permits.-All types of permits will be available for sale at District office, Project offices of projects listed in Appendix I and by uniformed rangers in the course of their performance of general duties. Additional permits will be requisitioned in accordance with ER 310-1-100. An initial supply is being furnished directly to each District Engineer. Only annual permits are supplied to Districts having no fee areas. The $3.00, $1.00 and $0.50 permits will all be stamped for the project at which it will be used. The $3.00 permit will indicate the date of issue. The daily permit will be dated for the day it is to be used. 8. Ranger Deportment.-Rangers will endeavor to present a personable appearance whenever contacting the public. If other work dictates otherwise, he will dispense with such contacts until properly attired. During that portion of 1967 in which entrance fees are in effect, he will devote his time to admission fees without neglect of fire control, safety, and protection of government property and other assigned duties of high priority. He will endeavor to be courteous to the public at all times and avoid incidents critical of the Corps. Temporary Rangers employed primarily for fee collection will perform duties as assigned. 9. Persons not requiring permit.-Persons under 16 years of age and individuals engaged in construction, sales or purely educational purposes are not required to have permits for entrance to the designated areas. The Questions and Answers folder furnished with the annual permit indicates other specific exemptions. All persons present on official business are not required to have a permit. 10. Funds and Personnel.-On the assumption that the funds requested in the 1968 FY budget will be allowed and a 1967 FY allotment will be made for carrying out the fee collection program, District Engineers will proceed promptly with the hiring and uniforming of necessary personnel and giving them training in the collection program. To help the Corps answer subsequent questions on the cost of collections versus the amount collected, District Engineers will initiate workable procedures for ascertaining the cost of collection to the amount collected for each fee area. 11. Enforcement. There is inclosed a "Notice of Violation", Appendix II, which should be reproduced in quantity for each Ranger's use when he finds a vehicle without a valid permit within a designated area and outside of the leased concession site. This admonition should be left in the vehicle or under the windshield wiper along with an envelope addressed to the Reservoir Manager. If payment is not received within 20 days of issue of Notice, or satisfactory explanation furnished for nonrequirement (see Paragraph 9 above), prosecution will be recommended to the U.S. Attorney having jurisdiction. The Corps does not have residual authority for arrest or issuance of warrants. District Engineers should take up with the U.S. Attorneys concerned with each project the procedure for enforcement of the penalty clauses of the Land and Water Conservation Fund Act. If no U.S. Commissioner has been appointed, the U.S. Attorney may be requested to initiate action for appointment of a U.S. Commissioner before whom complaints may be filed. H. G. WOODBURY, Jr., Brigadier General, USA, Director of Civil Works, APPENDIX I DETERMINATION OF THE SECRETARY I hereby rescind my determination of 8 June 1966 and make the following determination. The public access areas listed by State, Project and River are hereby determined as "Designated Areas" pursuant to Section 3 of Executive Order 11200. The Chief of Engineers is hereby delegated and may redelegate authority to establish the period of applicability of the fees to specific projects or to access sites therein as appropriate to climate, recreation season and staffing at each project or sites therein. At "Designated Areas" the entrance or admission fees are established at the minimum rates prescribed and as defined in Title 43, Code of Federal Regulations, subtitle A, part 18, effective 1 April 1967. These rates are: (a) $7.00 for annual "Federal Recreation Area Entrance Permit" good for private non-commercial vehicle, including all occupants; (b) $3.00 short term permit good for private vehicle including all occupants for a period not to exceed 6 months, valid at one project only; (c) $1.00-short term permit good for private non-commercial vehicle and all occupants for one day at one project only; (d) $0.50-short term permit for individual entering by means of other than private, non-commercial vehicle per day at one project only. 87-487-67- -9 |