94-1839. Engineering Circular Issued by the Corps of Engineers  

  • [Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-1839]
    
    
    [Federal Register: January 28, 1994]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF DEFENSE
    Corps of Engineers
    
    
    Engineering Circular Issued by the Corps of Engineers
    
    AGENCY: Army Corps of Engineers, DoD.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The purpose of this notice is to provide a copy of the 
    Engineering Circular (EC) 1130-2-204 to all known interested parties. 
    The EC provides Corps of Engineers agency policy and guidance regarding 
    implementation of new recreation user fee authority conferred in the 
    Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66). The 
    legislation authorized the Corps to charge a fee of not more than $3.00 
    per vehicle per day for the use of certain developed day use recreation 
    facilities.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Darrell Lewis, Natural Resources Management Branch, Office of the 
    Chief of Engineers at (202) 272-0247.
    
    SUPPLEMENTARY INFORMATION: The five appendices to the EC are not 
    included. Copies are available on request from HQUSACE, CECW-ON, 20 
    Massachusetts Avenue NW., Washington, DC 20314-1000, or by calling the 
    above telephone number.
    
        Dated: January 21, 1994.
    John P. Elmore,
    Chief, Operations, Construction and Readiness Division, Directorate of 
    Civil Works.
    Expires December 31, 1996
    
    Project Operation Recreation User Fees for Day Use Facilities
    
    February 1, 1994.
        1. Purpose. This circular provides information and guidance for the 
    administration of a recreation user fee program for day use facilities 
    at U.S. Army Corps of Engineers Civil Works water resource development 
    projects. The guidance in this circular must be used in conjunction 
    with the guidance in ER 1130-2-404.
        2. Applicability. This circular applies to major subordinate 
    commands, districts, laboratories and field operating activities having 
    Civil Works responsibilities.
        3. References.
        a. Public Law 103-66, Omnibus Budget Reconciliation Act of 1993.
        b. 5 CFR Part 1320, Code of Federal Regulations. Appendix B.
        5. Policy. No fees will be charged for entrance to any Corps 
    operated area. Fees will be charged for the use of developed day use 
    recreation facilities provided by the Corps, as prescribed below and 
    shown in Appendix C.
        a. General. Day user fees will be charged for the use of Corps 
    operated day use facilities which meet the requirements described 
    below.
        (1) Fees will be charged for the use of certain boat launching 
    ramps and designated, developed swimming beaches in Corps operated day 
    use recreation areas. Fees will not be charged for drinking water, 
    wayside exhibits, roads, scenic drives, overlook sites, picnic tables, 
    toilet facilities, surface water areas, undeveloped or lightly 
    developed shoreland, or general visitor information. Day user fees will 
    not be charged for the use of visitor centers.
        (2) Day user fees will be charged only where there is reasonable 
    expectation that revenues will significantly exceed costs of 
    collection, to include implementation costs. Estimates of annual 
    revenue from a fee facility must exceed annual estimated cost to 
    collect, including the cost of implementation amortized over the design 
    life of the improvements, by 10% or $3,000, whichever is greater. The 
    estimate should be reviewed periodically by Division Commanders to 
    determine the justification for modifying the project fee collection 
    program.
        b. Boat Launch User Fee. A day user fee of $2.00 will be charged to 
    launch a boat at a ramp in a Corps operated day use recreation area, 
    provided that the net revenue test in paragraph 5.a.(2) is met.
        (1) The fee will be charged at recreation areas having a boat ramp 
    and one or more of the following facilities: restrooms, security 
    lighting, picnicking facilities, swimming facilities, or other 
    developed recreation facilities. The boat launch fee will not be 
    charged at boat ramps located in recreation areas which are exclusively 
    campgrounds and reserved exclusively for the use of campers, or in 
    recreation areas which provide only a boat ramp and courtesy dock.
        (2) Payment of this fee entitles the user to launch a boat at any 
    Corps operated recreation area at any Corps project on that day, except 
    at boat ramps located within a fee campground and reserved exclusively 
    for the use of campers.
        c. Swimming Beach User Fee. A day user fee of $1.00 per person, up 
    to $3.00 per vehicle, will be charged for the use of a designated, 
    developed swimming beach in a Corps operated day use recreation area, 
    provided that the net revenue test in paragraph 5.a.(2) is met.
        (1) The swimming beach fee will be charged at Corps operated, 
    designated, developed swimming beaches, with the exception of swimming 
    beaches located in recreation areas which are exclusively campgrounds 
    and reserved exclusively for the use of campers. A designated, 
    developed swimming beach is properly signed, buoyed and delineated in 
    accordance with established design and safety requirements contained in 
    EM 1110-1-400.
        (2) Payment of this fee entitles the user to use any developed 
    beach at any Corps operated recreation area at any Corps project on 
    that day, with the exception of swimming beaches located within fee 
    campgrounds and reserved exclusively for the use of campers.
        d. Daily User Fee Exclusivity. The daily boat launch ramp and 
    swimming beach user fees are mutually exclusive. Payment of a daily 
    boat launch ramp user fee does not permit swimming at a designated 
    beach, and vice versa.
        e. Annual Day User Fee Pass. An annual pass may be purchased for 
    $25.00, which permits the holder and all accompanying passengers in the 
    vehicle to use any or all boat launch ramps and/or designated, 
    developed swimming beaches at any Corps operated recreation area at any 
    Corps project for that calendar year, except at facilities located 
    within a fee campground and reserved exclusively for the use of 
    campers. A sample annual pass is shown in Appendix D.
        f. Paid Camping Permits. A paid camping permit will entitle the 
    holder to use any or all day use facilities without paying additional 
    day user fees at the same project, on any day for which the permit is 
    valid. In certain instances, some form of vehicle pass may be required 
    for campers who have more than one vehicle or where the camping unit is 
    also the mode of transportation. A separate pass, locally printed for 
    this situation, is acceptable. Resource managers should consider local 
    situations when determining applicability.
        g. Lessees. Lessees may not charge a fee for Corps operated 
    facilities. They may charge, however, for Corps constructed facilities 
    located on their leasehold in accordance with real estate policy, 
    prescribed in CERE-MC memorandum, dated 15 Oct 1993, Subject: Fees 
    Charged at Leased Recreation Sites.
        h. Native American Indian Tribes. The District Engineer may waive 
    user fees under this circular for Native American Indian Tribal 
    members, consistent with rights reserved to the Tribes under the law.
        i. Children. No day user fee charge will be made for children under 
    12 years of age.
        6. Procedures.
        a. The district commander will provide the established schedule of 
    day user fees to the major subordinate command NLT 30 December each 
    year, beginning in 1994. The major subordinate command commander will 
    periodically review/audit the district's establishment of fee 
    schedules.
        b. Information on approved user fee areas and charges will be 
    submitted through the National Resource Management System (NRMS), as 
    outlined in ER 1130-2-414.
        7. Cost of Collection. Since day user fees will be collected only 
    at facilities where revenue significantly exceeds cost of collection, 
    strict attention must be given to tracking costs associated with the 
    collection of day user fees at designated facilities. An annual 
    analysis of revenues versus cost of collection, including amortized 
    implementation costs, must be available for review by Major Subordinate 
    Commands and by HQUSACE by 30 December of each year.
        8. Effective Dates for Fee Collection. District commanders will 
    assess seasonal visitation patterns of individual fee areas to 
    determine the period during which a fee program will be in effect.
        9. Signs. All areas designated as recreation user fee areas will be 
    marked with appropriate signs that provide necessary instructions to 
    users of the area with regard to collection of fees. The official U.S. 
    fee area symbol will be displayed at the entrance to designated user 
    fee areas. The U.S. fee area symbol will be installed prior to 
    collection of fees in the area. All signs and symbols will conform to 
    the guidance provided in EP 610-1-6a and b and ER 1130-2-431.
        10. Fee Collection.
        a. Methods of Collection. Fees may be collected by one or more of 
    the following methods:
        (1) Control stations. Fees may be collected by either contract or 
    Corps personnel. Contractors will be properly identified to prevent 
    unauthorized personnel from collecting fees.
        (a) A cash register may be used in the fee collection process to 
    issue receipts to users. Visitors will be instructed to display the 
    cash register receipt on the left side of the vehicle dashboard. 
    Specifications for cash registers are included in Appendix E.
        (b) The Automated User Permit System (AUPS) may be used to collect 
    day user fees.
        (2) Self-deposit vault system. Where and when appropriate, the 
    self-deposit vault system may be used to reduce the cost of collection.
        (a) A registration point will be provided which has:
    
    --A deposit vault similar to the one shown in ER 1130-2-404, Appendix 
    C.
    --A sign instructing the user on the self-deposit system, stating the 
    fee for the area and indicating a 50 percent reduction of fees for 
    bearers of Golden Age or Golden Access Passports. It should also 
    provide instructions for displaying the permit stub.
    --ENG Form 4839A, Self-Deposit Day User Permit. This is a sealable 
    envelope with detachable stub that will be used to pay fees. The user 
    will be instructed to retain the stub as a receipt for display on the 
    left side of the vehicle dashboard. These forms are available at the 
    USACE Publication Depot.
    
        (b) Revenues will be collected from the deposit vault on a regular 
    basis by authorized Corps or contractor personnel. Personnel will check 
    to insure area users have appropriate permits.
        (3) Other methods. Fees may be collected by authorized Corps and 
    contractor employees at project offices, visitor centers or on visits 
    through a fee area. These collections may be made using a cash 
    register, AUPS or ENG Form 4457.
        b. Types of payment. In order of preference, types of acceptable 
    payment are in (1) U.S. currency, (2) traveler's checks or (3) personal 
    checks for the amount of purchase only.
        c. Contractor collection. Whenever contractor employees are 
    utilized for fee collection, the requirements in ER 1130-2-404 and ER 
    37-2-10 will apply.
        11. Remittance. All user fee funds will be remitted in accordance 
    with ER 37-2-10.
        12. Enforcement. Persons failing to pay established fees will be 
    subject to enforcement action in accordance with 36 CFR 327.23, 
    Recreation Use Fees.
        13. Accounting. All income derived from fee collection will be 
    deposited into Special Receipt Account 965007 and reported in 
    accordance with ER 37-2-10 and ER 1130-2-414.
        14. Credit Vouchers and Refunds. No credit vouchers or refunds will 
    be given for day user fees.
        15. Golden Age and Golden Access Passports. Golden Age and Golden 
    Access Passport discounts will apply to day user fees. The Passport 
    will entitle the holder and all accompanying passengers in a single, 
    private, non-commercial vehicle to a 50 percent discount of the daily 
    or annual day user fee. Passport discounts will not apply to commercial 
    vehicles, transporting visitors for hire. Golden Eagle Passports do not 
    apply to user fees. The schedule of day user fees and Golden Age and 
    Access Passport discounts is contained in Appendix C.
        16. Specialized Facility Reservations and Special Events. The 
    charging of a day user fee at a recreation area does not preclude the 
    charging of a fee for the reservation of a specialized facility or for 
    a special event within the area. Neither does the charging of a fee for 
    the reservation of a specialized facility or special event preclude the 
    collecting of the established day user fee for the recreation area. 
    Resource managers should consider local situations when determining fee 
    applicability.
        17. Public Information. In the interest of informing the public of 
    the fee collection program, public information activities will be 
    conducted to disseminate information regarding this program at least 
    two months before the collection of fees begins at newly designated 
    user fee areas. District commanders will notify congressional 
    delegations, as appropriate, of the fee collection program in their 
    congressional districts. Public information meetings, convened to 
    discuss the new program for a project or group of projects, as well as 
    the philosophy and rational for the new fee program, are strongly 
    encouraged. Various additional coordination activities should also 
    occur with any other interested parties.
        18. Controlling Paperwork Burden on the Public. The guidance in 5 
    CFR Part 1320 establishes the framework for the paperwork control 
    process. Generally, this CFR provides that an agency shall not engage 
    in a collection of information (from the public) without obtaining 
    Office of Management and Budget approval. There are no procedures 
    contained in this regulation that should be interpreted to require the 
    public provide information other than general data.
    
        For the Commander.
    John R. Brown,
    Colonel, Corps of Engineers, Executive Director of Civil Works.
    5 Appendices
    App A--Pertinent
        Legislative Language
    App B--Summary of the
        Corps User Fee Program
    App C--Day User Fee Schedule
    App D--Annual Day Use Pass
    App E--Cash Register Specifications
    [FR Doc. 94-1839 Filed 1-27-94; 8:45 am]
    BILLING CODE 3710-92-M
    
    
    

Document Information

Published:
01/28/1994
Department:
Engineers Corps
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-1839
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: January 28, 1994