USC Chapter 87

USC Chapter 87
in effect

16 U.S.C. § 6801 Definitions

In this chapter: (1) Entrance feeThe term “entrance fee” means the recreation fee authorized to be charged to enter onto lands managed by the National Park Service or the United States Fish and Wildlife Service. (2) Expanded amenity recreation feeThe term “expanded amenity recreation fee” means the recreation fee authorized by section 6802(g) of this title. (3) Federal land management agencyThe term “Federal land management agency” means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service. (4) Federal recreational lands and watersThe term “Federal recreational lands and waters” means lands or waters managed by a Federal land management agency. (5) National Parks and Federal Recreational Lands PassThe term “National Parks and Federal Recreational Lands Pass” means the interagency national pass authorized by section 6804 of this title. (6) PassholderThe term “passholder” means the person who is issued a recreation pass. (7) Recreation feeThe term “recreation fee” means an entrance fee, standard amenity recreation fee, expanded amenity recreation fee, or special recreation permit fee. (8) Recreation passThe term “recreation pass” means the National Parks and Federal Recreational Lands Pass or one of the other recreation passes available as authorized by section 6804 of this title. (9) Recreation service providerThe term “recreation service provider” means a person that provides recreational services to the public under a special recreation permit under clause (iii) or (iv) of paragraph (13)(A). (10) SecretariesThe term “Secretaries” means the Secretary of the Interior and the Secretary of Agriculture acting jointly. (11) SecretaryThe term “Secretary” means—(A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and (B) the Secretary of Agriculture, with respect to the Forest Service. (12) Special accountThe term “special account” means the special account established in the Treasury under section 6806 of this title for a Federal land management agency. (13) Special recreation permit(A) In generalThe term “special recreation permit” means a permit issued by a Federal land management agency for the use of Federal recreational lands and waters—(i) for a specialized recreational use not described in clause (ii), (iii), or (iv), such as—(I) an organizational camp; (II) a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and (III) participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated; (ii) for a large-group activity or event of 75 participants or more; (iii) for—(I) at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that—(aa) is a structured or scheduled event or activity; (bb) is not competitive and is for fewer than 75 participants; (cc) may charge an entry or participation fee; (dd) involves fewer than 200 visitor-use days; and (ee) is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year; (II) a single competitive event; or (III) at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that—(aa) is a structured or scheduled activity; (bb) is not competitive; (cc) may charge a participation fee; (dd) occurs in a group size of fewer than 7 participants; (ee) involves fewer than 40 visitor-use days; and (ff) is undertaken or provided by the recreation service provider for a term of not more than 180 days; or (iv) for—(I) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or (II) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a temporary special recreation permit authorized under section 8545 of this title. (B) ExclusionsThe term “special recreation permit” does not include—(i) a concession contract for the provision of accommodations, facilities, or services; (ii) a commercial use authorization issued under section 101925 of title 54; or (iii) any other type of permit, including a special use permit administered by the National Park Service. (14) Special recreation permit feeThe term “special recreation permit fee” means the fee authorized by section 6802(h)(2) of this title. (15) Standard amenity recreation feeThe term “standard amenity recreation fee” means the recreation fee authorized by section 6802(f) of this title. (16) StateThe term “State” means each of the several States, the District of Columbia, and each territory of the United States.

16 U.S.C. § 6802 Recreation fee authority

(a) Authority of SecretaryBeginning in fiscal year 2005 and thereafter, the Secretary may establish, modify, charge, and collect recreation fees at Federal recreational lands and waters as provided for in this section. (b) Basis for recreation feesRecreation fees shall be established in a manner consistent with the following criteria:(1) The amount of the recreation fee shall be commensurate with the benefits and services provided to the visitor. (2) The Secretary shall consider the aggregate effect of recreation fees on recreation users and recreation service providers. (3) The Secretary shall consider comparable fees charged elsewhere and by other public agencies and by nearby private sector operators. (4) The Secretary shall consider the public policy or management objectives served by the recreation fee. (5) The Secretary shall obtain input from the appropriate Recreation Resource Advisory Committee, as provided in section 6803(d) of this title. (6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary. (c) Special considerationsThe Secretary shall establish the minimum number of recreation fees and shall avoid the collection of multiple or layered recreation fees for similar uses, activities, or programs. (d) Limitations on recreation fees(1) Prohibition on fees for certain activities or servicesThe Secretary shall not charge any standard amenity recreation fee or expanded amenity recreation fee for Federal recreational lands and waters administered by the Bureau of Land Management, the Forest Service, or the Bureau of Reclamation under this chapter for any of the following:(A) Solely for parking, undesignated parking, or picnicking along roads or trailsides. (B) For general access unless specifically authorized under this section. (C) For dispersed areas with low or no investment unless specifically authorized under this section. (D) For persons who are driving through, walking through, boating through, horseback riding through, or hiking through Federal recreational lands and waters without using the facilities and services. (E) For camping at undeveloped sites that do not provide a minimum number of facilities and services as described in subsection (g)(2)(A). (F) For use of overlooks or scenic pullouts. (G) For travel by private, noncommercial vehicle over any national parkway or any road or highway established as a part of the Federal-aid System, as defined in section 101 of title 23,11 See References in Text note below. which is commonly used by the public as a means of travel between two places either or both of which are outside any unit or area at which recreation fees are charged under this chapter. (H) For travel by private, noncommercial vehicle, boat, or aircraft over any road or highway, waterway, or airway to any land in which such person has any property right if such land is within any unit or area at which recreation fees are charged under this chapter. (I) For any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty. (J) For any person who is engaged in the conduct of official Federal, State, Tribal, or local government business. (K) For special attention or extra services necessary to meet the needs of the disabled. (2) Relation to fees for use of highways or roadsAn entity that pays a special recreation permit fee or similar permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 537 of this title. (3) Prohibition on fees for certain persons or placesThe Secretary shall not charge an entrance fee or standard amenity recreation fee for the following:(A) Any person under 16 years of age. (B) Outings conducted for noncommercial educational purposes by schools or bona fide academic institutions. (C) The U.S.S. Arizona Memorial, Independence National Historical Park, any unit of the National Park System within the District of Columbia, or Arlington House-Robert E. Lee National Memorial. (D) The Flight 93 National Memorial. (E) Entrance on other routes into the Great Smoky Mountains National Park or any part thereof unless fees are charged for entrance into that park on main highways and thoroughfares. (F) Entrance on units of the National Park System containing deed restrictions on charging fees. (G) An area or unit covered under section 203 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 16 U.S.C. 410hh–2), with the exception of Denali National Park and Preserve. (H) A unit of the National Wildlife Refuge System created, expanded, or modified by the Alaska National Interest Lands Conservation Act (Public Law 96–487). (I) Any person who visits a unit or area under the jurisdiction of the United States Fish and Wildlife Service and who has been issued a valid migratory bird hunting and conservation stamp issued under section 718b of this title. (J) Any person engaged in a nonrecreational activity authorized under a valid permit issued under any other Act, including a valid grazing permit. (4) No restriction on recreation opportunitiesNothing in this chapter shall limit the use of recreation opportunities only to areas designated for collection of recreation fees. (e) Entrance fee(1) Authorized sites for entrance feesThe Secretary of the Interior may charge an entrance fee for a unit of the National Park System, including a national monument administered by the National Park Service, or for a unit of the National Wildlife Refuge System. (2) Prohibited sitesThe Secretary shall not charge an entrance fee for Federal recreational lands and waters managed by the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service. (f) Standard amenity recreation feeExcept as limited by subsection (d), the Secretary may charge a standard amenity recreation fee for Federal recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service, but only at the following:(1) A National Conservation Area. (2) A National Volcanic Monument. (3) A destination visitor or interpretive center that provides a broad range of interpretive services, programs, and media. (4) An area—(A) that provides significant opportunities for outdoor recreation; (B) that has substantial Federal investments; (C) where fees can be efficiently collected; and (D) that contains all of the following amenities:(i) Designated developed parking. (ii) A permanent toilet facility. (iii) A permanent trash receptacle. (iv) Interpretive sign, exhibit, or kiosk. (v) Picnic tables. (vi) Security services. (g) Expanded amenity recreation fee(1) NPS and USFWS authorityExcept as limited by subsection (d), the Secretary of the Interior may charge an expanded amenity recreation fee, either in addition to an entrance fee or by itself, at Federal recreational lands and waters under the jurisdiction of the National Park Service or the United States Fish and Wildlife Service when the Secretary of the Interior determines that the visitor uses a specific or specialized facility, equipment, or service. (2) Other Federal land management agenciesExcept as limited by subsection (d), the Secretary may charge an expanded amenity recreation fee, either in addition to a standard amenity fee or by itself, at Federal recreational lands and waters under the jurisdiction of the Forest Service, the Bureau of Land Management, or the Bureau of Reclamation, but only for the following facilities or services:(A) Use of developed campgrounds that provide at least a majority of the following:(i) Tent or trailer spaces. (ii) Picnic tables. (iii) Drinking water. (iv) Access roads. (v) The collection of the fee by an employee or agent of the Federal land management agency. (vi) Reasonable visitor protection. (vii) Refuse containers. (viii) Toilet facilities. (ix) Simple devices for containing a campfire. (B) Use of highly developed boat launches with specialized facilities or services such as mechanical or hydraulic boat lifts or facilities, multi-lane paved ramps, paved parking, restrooms and other improvements such as boarding floats, loading ramps, or fish cleaning stations. (C) Rental of cabins, boats, stock animals, lookouts, historic structures, group day-use or overnight sites, audio tour devices, portable sanitation devices, binoculars or other equipment. (D) Use of hookups for electricity, cable, or sewer. (E) Use of sanitary dump stations. (F) Participation in an enhanced interpretive program or special tour. (G) Use of reservation services. (H) Use of transportation services. (I) Use of areas where emergency medical or first-aid services are administered from facilities staffed by public employees or employees under a contract or reciprocal agreement with the Federal Government. (J) Use of developed swimming sites that provide at least a majority of the following:(i) Bathhouse with showers and flush toilets. (ii) Refuse containers. (iii) Picnic areas. (iv) Paved parking. (v) Attendants, including lifeguards. (vi) Floats encompassing the swimming area. (vii) Swimming deck. (h) Special recreation permits and fees(1) Special recreation permits(A) ApplicationsThe Secretary—(i) may develop and make available to the public an application to obtain a special recreation permit described in clause (i) of section 6801(13)(A) of this title; and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in each of clauses (ii) through (iv) of section 6801(13)(A) of this title. (B) Issuance of permitsOn review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. (C) Incidental salesA special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters, except where otherwise prohibited by law. (2) Special recreation permit fees(A) In generalThe Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. (B) Predetermined special recreation permit fees(i) In generalFor purposes of subparagraphs (D) and (E) of this paragraph, the Secretary shall establish and may charge a predetermined fee, described in clause (ii) of this subparagraph, for a special recreation permit described in clause (iii) or (iv) of section 6801(13)(A) of this title for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii) of this subparagraph. (ii) Type of feeA predetermined fee described in clause (i) shall be—(I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or (II) an amount assessed per visitor-use day. (iii) CriteriaA predetermined fee under clause (i) shall—(I) have been established before January 4, 2025; (II) be established after January 4, 2025, in accordance with subsection (b); (III)(aa) be established after January 4, 2025; and (bb) be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or (IV) beginning on the date that is 2 years after January 4, 2025, be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III). (C) Calculation of fees for specialized recreational uses and large-group activities or eventsThe Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause (i) or (ii) of section 6801(13)(A) of this title. (D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activitiesIf the Secretary elects to charge a fee for a special recreation permit described in section 6801(13)(A)(iii) of this title, the Secretary shall charge the recreation service provider, based on the election of the recreation service provider—(i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). (E) Calculation of fees for temporary permits and long-term permitsSubject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 6801(13)(A)(iv) of this title, the Secretary shall charge the recreation service provider, based on the election of the recreation service provider—(i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). (F) Adjusted gross receiptsFor the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider:(i) The sum of—(I) the product obtained by multiplying—(aa) the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and (bb) the quotient obtained by dividing—(AA) the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by (BB) the total number of days of the trip or event; and (II) the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. (ii) The difference between—(I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and (II) the sum of—(aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; (bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and (cc) the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. (G) ExceptionNotwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 6801(13)(A)(iv) of this title. (H) Savings clauses(i) EffectNothing in this paragraph affects any fee for—(I) a concession contract administered by the National Park Service or the United States Fish and Wildlife Service for the provision of accommodations, facilities, or services; or (II) a commercial use authorization or special use permit for use of Federal recreational lands and waters managed by the National Park Service. (ii) Cost recoveryNothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 8549 of this title. (iii) Special recreation permit fees and other recreation feesThe collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). (i) Disclosure of recreation fees and use of recreation fees(1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes(A) In generalThe Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes—(i) at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged; and (ii) on the appropriate website for such unit or area. (B) PublicationsThe Secretary shall include in publications distributed at a unit or area or described in subparagraph (A) the notice described in that subparagraph. (2) Notice of uses of recreation feesBeginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of—(A) the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and (B) each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. (3) Notice of recreation fee projectsTo the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. (4) Centralized reporting on agency websites(A) In generalNot later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. (B) List componentsThe list required under subparagraph (A) shall include, with respect to each use described in that subparagraph—(i) a title and description of the overall project; (ii) a title and description for each component of the project; (iii) the location of the project; and (iv) the amount obligated for the project. (5) Notice to customersA recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section. (j) Online payments(1) In generalIn addition to providing onsite payment methods, the Secretaries may collect payment online for—(A) entrance fees under subsection (e); (B) standard amenity recreation fees under subsection (f); (C) expanded amenity recreation fees under subsection (g); and (D) special recreation permit fees. (2) Distribution of online paymentsAn online payment collected under paragraph (1) that is associated with a specific unit or area of a Federal land management agency shall be distributed in accordance with section 6804(c) of this title.

16 U.S.C. § 6803 Public participation

(a) In generalAs required in this section, the Secretary shall provide the public with opportunities to participate in the development of or changing of a recreation fee established under this chapter. (b) Advance noticeThe Secretary shall publish a notice in the Federal Register of the establishment of a new recreation fee area for each agency 6 months before establishment. The Secretary shall publish notice of a new recreation fee or a change to an existing recreation fee established under this chapter in local newspapers and publications located near the site at which the recreation fee would be established or changed. (c) Public involvementBefore establishing any new recreation fee area, the Secretary shall provide opportunity for public involvement by—(1) establishing guidelines for public involvement; (2) establishing guidelines on how agencies will demonstrate on an annual basis how they have provided information to the public on the use of recreation fee revenues; and (3) publishing the guidelines in paragraphs (1) and (2) in the Federal Register. (d) Recreation Resource Advisory Committee(1) Establishment(A) Authority to establishExcept as provided in subparagraphs (C) and (D), the Secretary or the Secretaries shall establish a Recreation Resource Advisory Committee in each State or region for Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management to perform the duties described in paragraph (2). (B) Number of CommitteesThe Secretary may have as many additional Recreation Resource Advisory Committees in a State or region as the Secretary considers necessary for the effective operation of this chapter. (C) ExceptionThe Secretary shall not establish a Recreation Resource Advisory Committee in a State if the Secretary determines, in consultation with the Governor of the State, that sufficient interest does not exist to ensure that participation on the Committee is balanced in terms of the points of view represented and the functions to be performed. (D) Use of other entitiesIn lieu of establishing a Recreation Resource Advisory Committee under subparagraph (A), the Secretary may use a Resource Advisory Committee established pursuant to another provision of law and in accordance with that law or a recreation fee advisory board otherwise established by the Secretary to perform the duties specified in paragraph (2). (2) DutiesIn accordance with the procedures required by paragraph (9), a Recreation Resource Advisory Committee may make recommendations to the Secretary regarding a standard amenity recreation fee or an expanded amenity recreation fee, whenever the recommendations relate to public concerns in the State or region covered by the Committee regarding—(A) the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the establishment of a specific recreation fee site; (B) the elimination of a standard amenity recreation fee or an expanded amenity recreation fee; or (C) the expansion or limitation of the recreation fee program. (3) MeetingsA Recreation Resource Advisory Committee shall meet at least annually, but may, at the discretion of the Secretary, meet as often as needed to deal with citizen concerns about the recreation fee program in a timely manner. (4) Notice of rejectionIf the Secretary rejects the recommendation of a Recreation Resource Advisory Committee, the Secretary shall issue a notice that identifies the reasons for rejecting the recommendation to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 30 days before the Secretary implements a decision pertaining to that recommendation. (5) Composition of the Advisory Committee(A) NumberA Recreation Resource Advisory Committee shall be comprised of 12 members. (B) NominationsThe Governor and the designated county official from each county in the relevant State or Region may submit a list of nominations in the categories described under subparagraph (D). (C) AppointmentThe Secretary may appoint members of the Recreation Resource Advisory Committee from the list as provided in subparagraph (B). (D) Broad and balanced representationIn appointing the members of a Recreation Resource Advisory Committee, the Secretary shall provide for a balanced and broad representation from the recreation community that shall include the following:(i) Five persons who represent recreation users and that include, as appropriate, persons representing the following:(I) Winter motorized recreation, such as snowmobiling. (II) Winter non-motorized recreation, such as snowshoeing, cross country and down hill skiing, and snowboarding. (III) Summer motorized recreation, such as motorcycles, boaters, and off-highway vehicles. (IV) Summer nonmotorized recreation, such as backpacking, horseback riding, mountain biking, canoeing, and rafting. (V) Hunting and fishing. (ii) Four persons who represent interest groups that include, as appropriate, the following:(I) Motorized outfitters and guides. (II) Non-motorized outfitters and guides. (III) Local environmental groups. (IV) Veterans organizations, as such term is defined in section 8471 of this title. (iii) Three persons, as follows:(I) State tourism official to represent the State. (II) A person who represents affected Indian tribes. (III) A person who represents affected local government interests. (6) Term(A) Length of termThe Secretary shall appoint the members of a Recreation Resource Advisory Committee for staggered terms of 2 and 3 years beginning on the date that the members are first appointed. The Secretary may reappoint members to subsequent 2- or 3-year terms. (B) Effect of vacancyThe Secretary shall make appointments to fill a vacancy on a Recreation Resource Advisory Committee as soon as practicable after the vacancy has occurred. (C) Effect of unexpected vacancyWhere an unexpected vacancy occurs, the Governor and the designated county officials from each county in the relevant State shall provide the Secretary with a list of nominations in the relevant category, as described under paragraph (5)(D), not later than two months after notification of the vacancy. To the extent possible, a vacancy shall be filled in the same category and term in which the original appointment was made. (7) ChairpersonThe chairperson of a Recreation Resource Advisory Committee shall be selected by the majority vote of the members of the Committee. (8) QuorumSix members shall constitute a quorum. A quorum must be present to constitute an official meeting of a Recreation Resource Advisory Committee. (9) Approval proceduresA Recreation Resource Advisory Committee shall establish procedures for making recommendations to the Secretary. A recommendation may be submitted to the Secretary only if the recommendation is approved by a majority of the members of the Committee from each of the categories specified in paragraph (5)(D) and general public support for the recommendation is documented. (10) CompensationMembers of the Recreation Resource Advisory Committee shall not receive any compensation. (11) Public participation in the Recreation Resource Advisory Committee(A) Notice of meetingsAll meetings of a Recreation Resource Advisory Committee shall be announced at least one week in advance in a local newspaper of record and the Federal Register, and shall be open to the public. (B) RecordsA Recreation Resource Advisory Committee shall maintain records of the meetings of the Recreation Resource Advisory Committee and make the records available for public inspection. (12) Chapter 10 of title 5A Recreation Resource Advisory Committee is subject to the provisions of chapter 10 of title 5.

16 U.S.C. § 6804 Recreation passes

(a) America the Beautiful—the National Parks and Federal Recreational Lands Pass(1) Availability and useThe Secretaries shall establish, and may charge a fee for, an interagency national pass to be known as the “America the Beautiful—the National Parks and Federal Recreational Lands Pass”, which shall cover the entrance fee and standard amenity recreation fee for all Federal recreational lands and waters for which an entrance fee or a standard amenity recreation fee is charged. (2) Image competition for recreation passThe Secretaries shall hold an annual competition to select the image to be used on the National Parks and Federal Recreational Lands Pass for a year. The competition shall be open to the public and used as a means to educate the American people about Federal recreational lands and waters. (3) Notice of establishmentThe Secretaries shall publish a notice in the Federal Register when the National Parks and Federal Recreational Lands Pass is first established and available for purchase. (4) DurationThe National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months from the date of the issuance of the recreation pass to a passholder, except in the case of the age discount and lifetime passes issued under subsection (b). (5) PriceThe Secretaries shall establish the price at which the National Parks and Federal Recreational Lands Pass will be sold to the public. (6) Sales locations and marketing(A) In generalThe Secretaries shall sell or otherwise make available the National Parks and Federal Recreational Lands Pass—(i) at all Federal recreational lands and waters at which—(I) an entrance fee or a standard amenity recreation fee is charged; and (II) such sales or distribution of the Pass is feasible; (ii) at such other locations as the Secretaries consider appropriate and feasible; and (iii) through a prominent link to a centralized pass sale system on the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, which shall include information about where and when a National Parks and Federal Recreational Lands Pass may be used. (B) Use of vendorsThe Secretary may enter into fee management agreements as provided in section 6805 of this title. (C) MarketingThe Secretaries shall take such actions as are appropriate to provide for the active marketing of the National Parks and Federal Recreational Lands Pass. (7) Administrative guidelinesThe Secretaries shall issue guidelines on administration of the National Parks and Federal Recreational Lands Pass, which shall include agreement on price, the distribution of revenues between the Federal land management agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for discounts under subsection (b), and the issuance of that recreation pass to volunteers. The Secretaries shall take into consideration all relevant visitor and sales data available in establishing the guidelines. (8) Development and implementation agreementsThe Secretaries may enter into cooperative agreements with governmental and nongovernmental entities for the development and implementation of the National Parks and Federal Recreational Lands Pass Program. (9) Prohibition on other national recreation passesThe Secretary may not establish any national recreation pass, except as provided in this section. (10) Digital recreation passesNot later than January 1, 2026, the Secretaries shall—(A) establish a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device, including with respect to free and discounted passes; and (B) upon completion of a transaction for a National Parks and Federal Recreational Lands Pass, make immediately available to the passholder a digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A). (b) Free and discounted passes(1) Age discount(A) The Secretary shall make the National Parks and Federal Recreational Lands Pass available to any United States citizen or person domiciled in the United States who is 62 years of age or older, if the citizen or person provides adequate proof of such age and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made available under this paragraph shall be available—(i) for a period of 12 months from the date of the issuance, at a cost of $20; and (ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational Lands Pass purchased under subsection (a). (B) The Secretary shall issue a pass under subparagraph (A)(ii), for no additional cost, to any individual who provides evidence, under policies and guidelines determined by the Secretary, that the individual has purchased a pass under subparagraph (A)(i) for each of the 4 years prior to being issued a pass under this subparagraph. (2) Lifetime passesThe Secretary shall make the National Parks and Federal Recreational Lands Pass available, without charge and for the lifetime of the passholder, to the following:(A) Any United States citizen or person domiciled in the United States who has been medically determined to be permanently disabled, within the meaning of the term “disability” under section 12102 of title 42, if the citizen or person provides adequate proof of the disability and such citizenship or residency. (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). (3) Annual passesThe Secretary shall make the National Parks and Federal Recreational Lands Pass available, at no cost, to members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary. (c) Site-specific agency passesThe Secretary may establish and charge a fee for a site-specific pass that will cover the entrance fee or standard amenity recreation fee for particular Federal recreational lands and waters for a specified period not to exceed 12 months. (d) Regional multientity passes(1) Passes authorizedThe Secretary may establish and charge a fee for a regional multientity pass that will be accepted by one or more Federal land management agencies or by one or more governmental or nongovernmental entities for a specified period not to exceed 12 months. To include a Federal land management agency or governmental or nongovernmental entity over which the Secretary does not have jurisdiction, the Secretary shall obtain the consent of the head of such agency or entity. (2) Regional multientity pass agreementIn order to establish a regional multientity pass under this subsection, the Secretary shall enter into a regional multientity pass agreement with all the participating agencies or entities on price, the distribution of revenues between participating agencies or entities, the sharing of costs, benefits provided, marketing and design, and the issuance of the pass to volunteers. The Secretary shall take into consideration all relevant visitor and sales data available when entering into this agreement. (e) Discounted or free admission days or useThe Secretary may provide for a discounted or free admission day or use of Federal recreational lands and waters. (f) Effect on existing passports and permits(1) Existing passportsA passport issued under section 100904 of title 54 or title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105–391), such as the Golden Eagle Passport, the Golden Age Passport, the Golden Access Passport, and the National Parks Passport, that was valid on the day before the publication of the Federal Register notice required under subsection (a)(3) shall be valid in accordance with the terms agreed to at the time of issuance of the passport, to the extent practicable, and remain in effect until expired, lost, or stolen. (2) PermitsA permit issued under section 100904 of title 54 that was valid on the day before December 8, 2004, shall be valid and remain in effect until expired, revoked, or suspended.

16 U.S.C. § 6804a Availability of Federal, State, and local recreation passes

(a) Establishment of program(1) In generalTo improve the availability of Federal, State, and local outdoor recreation passes, the Secretaries are encouraged to coordinate with States and counties regarding the availability of Federal, State, and local recreation passes to allow a purchaser to buy a Federal recreation pass, State recreation pass, and local recreation pass in a single transaction. (2) Included passesPasses covered by the program established under paragraph (1) include—(A) an America the Beautiful—the National Parks and Federal Recreational Lands Pass under section 6804 of this title; and (B) any pass covering any fees charged by participating States and counties for entrance and recreational use of parks and public land in the participating States. (b) Agreements with States and counties(1) In generalThe Secretaries, after consultation with the States and counties, may enter into agreements with States and counties to coordinate the availability of passes as described in subsection (a). (2) Revenue from pass salesAgreements between the Secretaries, States, and counties entered into pursuant to this section shall ensure that—(A) funds from the sale of State or local passes are transferred to the appropriate State agency or county government; (B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and (C) fund transfers are completed by the end of a fiscal year for all pass sales occurring during the fiscal year.

16 U.S.C. § 6805 Cooperative agreements

(a) Fee management agreementNotwithstanding chapter 63 of title 31, the Secretary may enter into a fee management agreement, including a contract, which may provide for a reasonable commission, reimbursement, or discount, with the following entities for the following purposes:(1) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of obtaining fee collection and processing services, including visitor reservation services. (2) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of obtaining emergency medical services. (3) With any governmental entity, including those in a gateway community, to obtain law enforcement services. (b) Revenue sharingA State or legal subdivision of a State that enters into an agreement with the Secretary under subsection (a) may share in a percentage of the revenues collected at the site in accordance with that fee management agreement. (c) County proposalsThe Secretary shall consider any proposal submitted by a county to provide services described in subsection (a). If the Secretary decides not to enter into a fee management agreement with the county under subsection (a), the Secretary shall notify the county in writing of the decision, identifying the reasons for the decision. The fee management agreement may include cooperative site planning and management provisions.

16 U.S.C. § 6806 Special account and distribution of fees and revenues

(a) Special accountThe Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency. (b) DepositsSubject to subsections (c), (d), and (e), revenues collected by each Federal land management agency under this chapter shall—(1) be deposited in its special account; and (2) remain available for expenditure, without further appropriation, until expended. (c) Distribution of recreation fees and single-site agency pass revenues(1) Local distribution of funds(A) Retention of revenuesNot less than 80 percent of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land management agency shall remain available for expenditure, without further appropriation, until expended at that unit or area. (B) ReductionThe Secretary may reduce the percentage allocation otherwise applicable under subparagraph (A) to a unit or area of a Federal land management agency, but not below 60 percent, for a fiscal year if the Secretary determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made for that fiscal year. (2) Agency-wide distribution of fundsThe balance of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land management and not distributed in accordance with paragraph (1) shall remain available to that Federal land management agency for expenditure on an agency-wide basis, without further appropriation, until expended. (3) Other amountsOther amounts collected at other locations, including recreation fees collected by other entities or for a reservation service, shall remain available, without further appropriation, until expended in accordance with guidelines established by the Secretary. (d) Distribution of National Parks and Federal Recreational Lands Pass revenuesRevenues collected from the sale of the National Parks and Federal Recreational Lands Pass shall be deposited in the special accounts established for the Federal land management agencies in accordance with the guidelines issued under section 6804(a)(7) of this title. (e) Distribution of regional multientity pass revenuesRevenues collected from the sale of a regional multientity pass authorized under section 6804(d) of this title shall be deposited in each participating Federal land management agency’s special account in accordance with the terms of the region multientity pass agreement for the regional multientity pass.

16 U.S.C. § 6807 Expenditures

(a) Use of fees at specific site or areaAmounts available for expenditure at a specific site or area—(1) shall be accounted for separately from the amounts collected; (2) may be distributed agency-wide; and (3) shall be used only for—(A) repair, maintenance, and facility enhancement related directly to visitor enjoyment, visitor access, and health and safety; (B) interpretation, visitor information, visitor service, visitor needs assessments, and signs; (C) habitat restoration directly related to wildlife-dependent recreation that is limited to hunting, fishing, wildlife observation, or photography; (D) law enforcement related to public use and recreation; (E) direct operating or capital costs associated with the recreation fee program; (F) a fee management agreement established under section 6805(a) of this title or a visitor reservation service; (G) the processing of special recreation permit applications and administration of special recreation permits; and (H) the improvement of the operation of the special recreation permit program under section 6802(h) of this title. (b) Limitation on use of feesThe Secretary may not use any recreation fees for biological monitoring on Federal recreational lands and waters under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] for listed or candidate species. (c) Administration, overhead, and indirect costsThe Secretary may use not more than an average of 15 percent of total revenues collected under this chapter for administration, overhead, and indirect costs related to the recreation fee program by that Secretary. (d) Transitional exceptionNotwithstanding any other provision of this chapter, the Secretary may use amounts available in the special account of a Federal land management agency to supplement administration and marketing costs associated with—(1) the National Parks and Federal Recreational Lands Pass during the 5-year period beginning on the date the joint guidelines are issued under section 6804(a)(7) of this title; and (2) a regional multientity pass authorized section 6804(d) of this title during the 5-year period beginning on the date the regional multientity pass agreement for that recreation pass takes effect.

16 U.S.C. § 6808 Reports

Not later than May 1, 2006, and every 3 years thereafter, the Secretary shall submit to Congress a report detailing the status of the recreation fee program conducted for Federal recreational lands and waters, including an evaluation of the recreation fee program, examples of projects that were funded using such fees, and future projects and programs for funding with fees, and containing any recommendations for changes in the overall fee system.

16 U.S.C. § 6809 Sunset provision

The authority of the Secretary to carry out this chapter shall terminate September 30, 2031.

16 U.S.C. § 6810 Volunteers

(a) Authority to use volunteersThe Secretary may use volunteers, as appropriate, to collect recreation fees and sell recreation passes. (b) Waiver or discount of fees; site-specific agency passIn exchange for volunteer services, the Secretary may waive or discount an entrance fee, standard amenity recreation fee, or an expanded amenity recreation fee that would otherwise apply to the volunteer or issue to the volunteer a site-specific agency pass authorized under section 6804(c) of this title. (c) National Parks and Federal Recreational Lands PassIn accordance with the guidelines issued under section 6804(a)(7) of this title, the Secretaries may issue a National Parks and Federal Recreational Lands Pass to a volunteer in exchange for significant volunteer services performed by the volunteer. (d) Regional multientity passesThe Secretary may issue a regional multientity pass authorized under section 6804(d) of this title to a volunteer in exchange for significant volunteer services performed by the volunteer, if the regional multientity pass agreement under which the regional multientity pass was established provides for the issuance of the pass to volunteers.

16 U.S.C. § 6811 Enforcement and protection of receipts

(a) Enforcement authorityThe Secretary concerned shall enforce payment of the recreation fees authorized by this chapter. (b) Evidence of nonpaymentIf the display of proof of payment of a recreation fee, or the payment of a recreation fee within a certain time period is required, failure to display such proof as required or to pay the recreation fee within the time period specified shall constitute nonpayment. (c) Joint liabilityThe registered owner and any occupant of a vehicle charged with a nonpayment violation involving the vehicle shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without the registered owner’s express or implied permission. (d) Limitation on penaltiesThe failure to pay a recreation fee established under this chapter shall be punishable as a Class A or Class B misdemeanor, except that in the case of a first offense of nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18.

16 U.S.C. § 6812 Repeal of superseded admission and use fee authorities

(a) Land and Water Conservation Fund ActSubsections (a), (b), (c), (d), (e), (f), (g), and (i) (except for paragraph (1)(C)) of section 4 11 See References in Text note below. of the Land and Water Conservation Fund Act of 1965 are repealed, except that the Secretary may continue to issue Golden Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 6804(a)(3) of this title is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass. (b) Recreational fee demonstration programSection 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), is repealed. (c) Admission permits for refuge unitsSection 3911 of this title is repealed. (d) National park passport, Golden Eagle Passport, Golden Age Passport, and Golden Access PassportEffective on the date the notice required by section 6804(a)(3) of this title is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are repealed:(1) Section 502 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391). (2) Title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391). (e) Treatment of unobligated funds(1) Land and water conservation fund special accountsAmounts in the special accounts established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act of 1965 for Federal land management agencies that are unobligated on December 8, 2004, shall be transferred to the appropriate special account established under section 6806 of this title and shall be available to the Secretary in accordance with this chapter. A special account established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not affected by the repeal of section 4 1 of the Land and Water Conservation Fund Act of 1965 by subsection (a) of this section. (2) National parks passportAny funds collected under title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391) that are unobligated on the day before the publication of the Federal Register notice required under section 6804(a)(3) of this title shall be transferred to the special account of the National Park Service for use in accordance with this chapter. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, marketing, or close-out costs associated with the national parks passport. (3) Recreational fee demonstration programAny funds collected in accordance with section 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), that are unobligated on the day before December 8, 2004, shall be transferred to the appropriate special account and shall be available to the Secretary in accordance with this chapter. (4) Admission permits for refuge unitsAny funds collected in accordance with section 3911 of this title that are available as provided in subsection (c)(A) of such section and are unobligated on the day before December 8, 2004, shall be transferred to the special account of the United States Fish and Wildlife Service for use in accordance with this chapter. (f) Effect of regulationsA regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this chapter until the Secretary issues a regulation, guideline, or policy under this chapter that supersedes the earlier regulation.

16 U.S.C. § 6813 Relation to other laws and fee collection authorities

(a) Federal and State laws unaffectedNothing in this chapter shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation, affect any rights or authority of the States with respect to fish and wildlife, or repeal or modify any provision of law that permits States or political subdivisions of States to share in the revenues from Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that provision of law. (b) Relation to revenue allocation lawsAmounts collected under this chapter, and the existence of a fee management agreement with a governmental entity under section 6805(a) of this title, may not be taken into account for the purposes of any of the following laws:(1) The sixth paragraph under the heading “Forest service” in the Act of May 23, 1908 (16 U.S.C. 500). (2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly known as the Weeks Act). (3) The fourteenth paragraph under the heading “Forest service” in the Act of March 4, 1913 (16 U.S.C. 501). (4) Section 1012 of title 7. (5) Title II of the Act of August 8, 1937,11 See References in Text note below. and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.) 1. (6) Section 869–4 of title 43. (7) Chapter 69 of title 31. (8) Section 715s of this title. (9) The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note),1 except that the exception made for such Act by this subsection is unique and is not intended to be construed as precedent for amounts collected from the use of Federal lands under any other provision of law. (10) Section 618a of title 43. (11) The Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.). (12) Section 391 of title 43. (13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly known as the Mineral Leasing Act). (14) Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901 note) 1. (15) Section 5(a) of the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1047). (16) Any other provision of law relating to revenue allocation. (c) Consideration of other funds collectedAmounts collected under any other law may not be disbursed under this chapter. (d) Sole recreation fee authorityRecreation fees charged under this chapter shall be in lieu of fees charged for the same purposes under any other provision of law. (e) Fees charged by third partiesNotwithstanding any other provision of this chapter, a third party may charge a fee for providing a good or service to a visitor of a unit or area of the Federal land management agencies in accordance with any other applicable law or regulation. (f) Migratory Bird Hunting Stamp ActRevenues from the stamp established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.; commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp Act), shall not be covered by this chapter.

16 U.S.C. § 6814 Limitation on use of fees for employee bonuses

Notwithstanding any other provision of law, fees collected under the authorities of the chapter may not be used for employee bonuses.

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