16 U.S.C. § 6232 — Fees for occupancy and use of National

Page 2569 TITLE 16—CONSERVATION § 6232 (C) does not have as its primary purpose raising revenue through commercial activi- ties. (2) The term ‘‘Secretary’’ means the Sec- retary of Agriculture, acting through the Chief of the Forest Service. (3) The term ‘‘individual with a disability’’ has the meaning given the term in section 705(20) of title 29. (4) The term ‘‘children at risk’’ means chil- dren who are raised in poverty or in single- parent homes or are subject to such cir- cumstances as parental drug abuse, homeless- ness, or child abuse. (5) The term ‘‘change in control’’ means— (A) for a corporation, the sale or transfer of a controlling interest in the corporation; (B) for a partnership or limited liability company, the sale or transfer of a control- ling interest in the partnership or limited li- ability company; and (C) for an individual, the sale or transfer or an organizational camp subject to this chapter to another party. (Pub. L. 108–7, div. F, title V, § 502, Feb. 20, 2003, 117 Stat. 294.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Improvement Act of 2003, to reflect the prob- able intent of Congress. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 108–7, div. F, title V, § 501, Feb. 20, 2003, 117 Stat. 294, provided that: ‘‘This title [enacting this chap- ter] may be cited as the ‘National Forest Organiza- tional Camp Fee Improvement Act of 2003’.’’ § 6232. Fees for occupancy and use of National Forest System lands and facilities by organi- zational camps (a) Land use fee (1) Percentage of land value The Secretary shall charge an annual land use fee for each organizational camp for its oc- cupancy and use of National Forest System lands equal to 5 percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the orga- nizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. (2) Annual adjustment The land use fee determined under para- graph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees (A) Type of participants The Secretary shall reduce the land use fee determined under paragraph (1) propor- tionate to the number of individuals with a disability and children at risk who annually attend the organizational camp. (B) Type of programs After making the reduction required by subparagraph (A), the Secretary shall reduce the remaining land use fee amount by up to 60 percent, proportionate to the number of persons who annually attend the organiza- tional camp who participate in youth pro- grams through organized and supervised so- cial, citizenship, character-building, or faith-based activities oriented to outdoor- recreation experiences. (C) Relation to minimum fee The reductions made under this paragraph may not reduce the land use fee for an orga- nizational camp below the minimum land use fee required to be charged under para- graph (4). (D) Special considerations For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist per- sons in attending the organizational camp. (4) Minimum land use fee The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary’s cost annually to ad- minister an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Not- withstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. (b) Facility use fee (1) Percentage of facilities value If an organizational camp uses a Govern- ment-owned facility on National Forest Sys- tem lands pursuant to section 580d of this title, the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to 5 percent of the value of the authorized facilities, as deter- mined by the Secretary. (2) Reduction in fees prohibited Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. (c) Fee related to receipt of other revenues If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young peo- ple or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the fa- Page 2570 TITLE 16—CONSERVATION § 6233 cility use fee imposed under subsection (b), an additional fee equal to 5 percent of that revenue. (d) Work-in-lieu program Subject to subsections (a)(4) and (b)(2), section 539f of this title shall apply to the use fees im- posed under this section. (Pub. L. 108–7, div. F, title V, § 503, Feb. 20, 2003, 117 Stat. 295.) § 6233. Implementation (a) Prompt implementation The Secretary shall issue direction regarding implementation of this chapter by interim di- rective within 180 days after February 20, 2003. The Secretary shall implement this chapter be- ginning with the first billing cycle for organiza- tional camp special use authorizations occurring more than 180 days after February 20, 2003. (b) Phase-in of use fee increases In issuing any direction regarding implemen- tation of this chapter under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facil- ity use fees for organizational camps. (Pub. L. 108–7, div. F, title V, § 504, Feb. 20, 2003, 117 Stat. 296.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Im- provement Act of 2003, to reflect the probable intent of Congress. § 6234. Relationship to other laws Except as specifically provided by this chap- ter, nothing in this chapter supersedes or other- wise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps re- garding the occupancy and use of National For- est System lands. (Pub. L. 108–7, div. F, title V, § 505, Feb. 20, 2003, 117 Stat. 297.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Im- provement Act of 2003, to reflect the probable intent of Congress. § 6235. Deposit and expenditure of use fees (a) Deposit and availability Unless subject to section 580d of this title, use fees collected by the Secretary under this chap- ter shall be deposited in a special account in the Treasury and shall remain available to the Sec- retary for expenditure, without further appro- priation until expended, for the purposes de- scribed in subsection (c). (b) Transfer Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall ac- cept and use such amounts in accordance with subsection (c). (c) Use Use fees deposited pursuant to subsection (a) and transferred to the Secretary under sub- section (b) shall be expended for monitoring of Forest Service special use authorizations, ad- ministration of the Forest Service’s special pro- gram, interpretive programs, environmental analysis, environmental restoration, and similar purposes. (Pub. L. 108–7, div. F, title V, § 506, Feb. 20, 2003, 117 Stat. 297.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title V of div. F of Pub. L. 108–7, known as the National Forest Organizational Camp Fee Improvement Act of 2003, to reflect the probable intent of Congress. § 6236. Ministerial issuance, or amendment au- thorization (a) NEPA exception The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Rule of construction For purposes of subsection (a), the ministerial issuance or amendment of an authorization oc- curs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or pro- gram of the operations governed by the author- ization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing author- ization. (2) The holder, upon expiration of an author- ization, is issued a new authorization. (3) The authorization is amended— (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authoriza- tion form; or (B) to include nondiscretionary environ- mental standards or to conform with current law. (Pub. L. 108–7, div. F, title V, § 507, Feb. 20, 2003, 117 Stat. 297.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CHAPTER 82—GREAT APE CONSERVATION Sec. 6301. Findings and purposes.