CFR Part 71

CFR Part 71
in effect

36 C.F.R. § 71.1 Application.

This part is promulgated pursuant to section 4, Land and Water Conservation Fund Act of 1965, 16 U.S.C.A. 4601-6a (Supp., 1974), and section 3, Act of July 11, 1972, 86 Stat. 461. Any Federal recreation fee charged by any bureau of the Department of the Interior shall be charged according to criteria set forth in this part.

36 C.F.R. § 71.2 Types of Federal recreation fees.

There shall be three types of Federal recreation fees: (a) Entrance fees, charged either on an annual or single-visit basis, for admission to any Designated Entrance Fee Area; (b) Daily recreation use fees for the use of specialized sites, facilities, equipment or services furnished at Federal expense; and (c) Special recreation permit fees for specialized recreation uses, such as, but not limited to, group activities, recreation events, and the use of motorized recreation vehicles.

36 C.F.R. § 71.3 Designation.

(a) An area or closely related group of areas shall be designated as an area at which entrance fees shall be charged (hereinafter “Designated Entrance Fee Area”) if the following conditions are found to exist concurrently: (1) The area is a unit of the National Park System administered by the Department of the Interior; (2) The area is administered primarily for scenic, scientific, historical, cultural, or recreation purposes; (3) The area has recreation facilities or services provided at Federal expense; and (4) The nature of the area is such that entrance fee collection is administratively and economically practical. (b) Any specialized site, facility, equipment or service related to outdoor recreation (hereinafter “facility”) shall be designated as a facility for which a recreation use fee shall be charged (hereinafter “Designated Recreation Use Facility”) if: (1) For each Designated Recreation Use Facility, at least one of the following criteria is satisfied: (i) A substantial Federal investment has been made in the facility, (ii) The facility requires regular maintenance, (iii) The facility is characterized by the presence of personnel, or (iv) The facility is utilized for the personal benefit of the user for a fixed period of time; and, (2) For each Designated Recreation Use Facility, all of the following criteria are satisfied: (i) The facility is developed, administered, or provided by any bureau of the Department of the Interior, (ii) The facility is provided at Federal expense, and (iii) The nature of the facility is such that fee collection is administratively and economically practical. (3) In no event shall any of the following, whether used singly or in any combination, be designated as facilities for which recreation use fees shall be charged: Drinking water, wayside exhibits, roads, overlook sites, visitors' centers, scenic drives, toilet facilities, picnic tables, and boat ramps. The first sentence of this paragraph does not apply to boat launching facilities with specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities. Such boat launching facilities shall be designated as facilities for which recreation use fees shall be charged, Provided, They satisfy the requirements of paragraphs (b) (1) and (2) of this section. (4) In no event shall a campground, which satisfies the requirements of paragraphs (b) (1) and (2) of this section, be designated as a facility for which recreation use fees shall be charged unless the campground has all of the following: Tent or trailer spaces, drinking water, access road, refuse containers, toilet facilities, personal fee collection, reasonable visitor protection, and simple devices for containing a campfire where campfires are permitted. A campground may be designated for recreation use fee collection whether the above enumerated amenities are provided for individual or group use. (c) Any specialized recreation use including, but not limited to, group activities, recreation events, or the use of motorized recreation vehicles, shall qualify as a use for which a special recreation permit fee may be charged (hereinafter “Special Recreation Permit Use”) if such use occurs in areas under the jurisdiction of any bureau of the Department of the Interior.

36 C.F.R. § 71.4 Posting.

(a) The administering bureaus of the Department of the Interior shall provide for the posting of the following designation sign at entrances to Designated Entrance Fee Areas and at appropriate locations in areas with Designated Recreation Use Facilities in such a manner that the visiting public will be clearly notified that Federal recreation fees are charged. The designation sign shall: (1) Be constructed of enameled steel, coated aluminum, silk screen reflective materials attached to wood or metal, or other permanent materials; (2) Consist of the basic elements, proportion, and color as indicated below: (i) The representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border). (A) The color midnight blue shall be Pantone Matching System 282; the color gold shall be Pantone Matching System 130; (B) The rounded triangle shall be 18 inches in vertical height at all Designated Entrance Fee Areas, except that at those areas accessible only on foot, the rounded triangle may be 9 inches vertical height; (ii) The words “U.S. Fee Area” as indicated below. (b) Clear notice shall be posted by any bureau issuing special recreation permits at its area headquarters having administrative jurisdiction over the area in which the use authorized by such a permit is to occur, that fees are charged for such permits. In addition, any specialized recreation use authorized by permit shall, if reasonably feasible, be posted with the designation sign described in paragraph (a) of this section at the site of use at the time of use. (c) Proportionally sized replicas of the designation sign described in paragraph (a) of this section may be used in conjunction with other signs erected by any bureau of the Department of the Interior which direct the public to Designated Entrance Fee Areas, Designated Recreation Use Facilities, or Special Recreation Permit Uses. (d) No entrance fee for admission to any Designated Entrance Fee Area or recreation use fee for the use of any Designated Recreation Use Facility shall be collected unless such area or facility is posted in accordance with this section. No fee for any Special Recreation Permit Use shall be collected unless clear notice that such a fee is charged is posted at the area headquarters of the bureau issuing such permit in which the use authorized by the permit is to occur.

36 C.F.R. § 71.5 Golden Eagle Passport.

(a) The Golden Eagle Passport is an annual permit, valid on a calendar-year basis, for admission to any Designated Entrance Fee Area. The charge for the Golden Eagle Passport shall be $10. The annual Golden Eagle Passport shall be nontransferable and the unlawful use thereof shall be punishable in the manner described in § 71.12 of this part. (b) The Golden Eagle Passport shall admit the permittee and any persons accompany him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse, children, and parents accompanying him where entry to the area is by any means other than private, noncommercial vehicle, to Designated Entrance Fee Areas. Golden Eagle Passport coverage does not include a permittee and his spouse, children, or parents entering a Designated Entrance Fee Area in two separate, private, noncommercial vehicles. In this case, only the vehicle with the permittee shall be covered by the Passport. The persons in the second vehicle shall be subject to the single-visit entrance fee requirement. (1) “Private, noncommercial vehicle,” for the purpose of this part, shall include any passenger car, station wagon, pickup camper truck, motorcycle, or other motor vehicle which is used for private recreation purposes. (2) “Accompanying,” for the purpose of this section, shall be defined as coming immediately with (at the same time) and entering together with (in physical proximity). (c) The annual Golden Eagle Passport does not authorize the use of any Designated Recreation Use Facility for which a recreation use fee is charged or any Special Recreation Permit Use for which a special recreation permit fee is charged. (d) The annual Golden Eagle Passport shall be for sale at all Designated Entrance Fee Areas of the National Park Service, at the National Park Service headquarters, Washington, D.C., and at the Park Service field offices.

36 C.F.R. § 71.6 Golden Age Passport.

(a) Issuance of the Golden Age Passport: (1) Golden Age Passports will be issued by appropriate Federal personnel (hereinafter “Issuing Officer”) at National Park Service headquarters, Washington, D.C., and at field offices designated by the heads of the bureaus administering Designated Entrance Fee Areas and Designated Recreation Use Facilities. (2) The Golden Age Passport will be issued free of charge upon the presentation of identification or information which attests to the fact that the applicant is a person 62 years of age or older and a citizen of the United States, or if not a citizen, domiciled therein. To satisfy the age requirement such identification may include, but is not limited to a State driver's license or birth certificate. To satisfy the citizenship requirement, such identification may include, but is not limited to, a birth certificate or a voter registration card issued by a State or Territory, or a political subdivision thereof, of the United States. (3) For the purpose of this section, an applicant should be regarded as being “domiciled” in the United States if he has a fixed and permanent residence in the United States or its Territories to which he has the intention of returning whenever he is absent. Accordingly, an alien may be domiciled in the United States if he maintains a fixed and permanent residence therein to which he has the intention of returning whenever he is absent. An alien who temporarily travels or works in the United States, even for a period of years, shall not be regarded as domiciled therein if that alien has no intention of permanently maintaining his residence in the United States. (4) The Golden Age Passport, commencing with the issuance of the 1975 Golden Age Passports, shall be a lifetime permit valid for the life of the permittee. (5) Any applicant meeting the age and other requirements described in paragraph (a)(2) of this section not having in his possession any identification or information evidencing his qualification for a Golden Age Passport may be issued such a Passport on the basis of the affidavit below, if such an affidavit is signed in front of the Issuing Officer. (6) The Passport must be applied for in person and signed in front of the Issuing Officer or otherwise it will be treated as invalid. (7) The Golden Age Passport shall be nontransferable and the unlawful use thereof shall be punishable in the manner described in § 71.12 of this part. (b) The Golden Age Passport shall admit the permittee and any persons accompanying him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse and children accompanying him where entry to the areas is by means other than private, noncommercial vehicle to Designated Entrance Fee Areas. Golden Age Passport coverage does not include a permittee and his spouse or children entering a Designated Entrance Fee Area in two separate, private, noncommercial vehicles. In this case, only the vehicle with the permittee shall be covered by the Passport. The persons in the second vehicle shall be subject to the single-visit entrance fee requirement. (1) “Private, noncommercial vehicle,” for the purposes of this subsection, shall be defined the same as in § 71.5(b)(1). (2) “Accompanying,” for the purpose of this subsection, shall be defined the same as in § 71.5(b)(2). (c) Any Golden Age Passport permittee shall be entitled upon presentation of the Passport to utilize Designated Recreation Use Facilities at a rate of 50 percent of the established recreation use fees. (d) The Golden Age Passport does not authorize any specialized recreation use for which a special recreation permit fee is changed. Passport No __________ Date __________ To the Secretary of the Interior: I do hereby swear or affirm that I am 62 years of age or older, that I am a citizen of the United States or that I am domiciled therein and that I am duly entitled to be issued free of charge one Golden Age Passport pursuant to the Land and Water Conservation Fund Act of 1965, 16 U.S.C. A.460l-6a (Supp., 1974), as amended by Pub. L. 93-303. Signature Street Town, City, State Issuing Officer

36 C.F.R. § 71.7 Entrance fees for single-visit permits.

(a) Entrance fees for single-visit permits shall be selected by the National Park Service from within the range of fees listed below, provided that such fees are established in accordance with the following criteria: (1) The direct and indirect cost to the Government; (2) The benefit to the recipient; (3) The public policy or interest served; (4) The comparable recreation fees charged by other Federal and non-Federal public agencies within the service area of the management unit at which the fee is charged; (5) The economic and administrative feasibility of fee collection; and, (6) Other pertinent factors. (b) There shall be two types of single-visit entrance fees charged at Designated Entrance Fee Areas for those persons not covered by either Golden Eagle or Golden Age Passports. (1) The fee for a single-visit permit applicable to those persons entering by private, noncommercial vehicle shall be no more than $3 per vehicle. The single-visit permit shall admit the permittee and all persons accompanying him in said vehicle. The single-visit permit shall be valid only at the one Designated Entrance Fee Area for which it was purchased. “Accompanying,” for the purpose of this section, shall mean entering together with the permittee while being transported by the same private, noncommercial vehicle which the permittee occupies. (2) The fee for a single-visit permit applicable to those persons entering by any means other than private, noncommercial vehicle shall be no more than $1.50 per person and shall be valid at the one Designated Entrance Fee Area for which it is paid. (c) Any of the permits provided for in paragraphs (a) and (b) of this section shall be valid at the Designated Entrance Fee Area for which it was purchased during the same calendar day of purchase. In addition, at overnight use areas, the single-visit permit shall be valid as long as the permittee and those covered by his permit remain within the boundaries of the Designated Entrance Fee Area, beginning from the first day of entry until the day of departure; except that on the same day that the entrance fee is paid, the permittee and those covered by the permit may leave and reenter without payment of additional fees.

36 C.F.R. § 71.8 Validation and display of entrance permits.

(a) Every annual and lifetime permit shall be validated by the signature of its bearer on the face of the permit at the time of its receipt. (b) All annual, lifetime and single-visit permits shall be nontransferable. (c) Every permit shall be kept on the person of its owner, and shall be exhibited on the request of any authorized representative of the administering bureau.

36 C.F.R. § 71.9 Establishment of recreation use fees.

(a) Recreation use fees shall be established by all outdoor recreation administering agencies of the Department of the Interior in accordance with the following criteria: (1) The direct and indirect cost to the government, (2) The benefit to the recipient, (3) The public policy or interest served, (4) The comparable recreation fees charged by other Federal agencies, non-Federal public agencies and the private sector located within the service area of the management unit at which the fee is charged, (5) The economic and administrative feasibility of fee collection, and (6) Other pertinent factors. (b) With the approval of the Secretary of the Interior recreation use fees may be established for other types of facilities in addition to those which are listed below. (c) Types of recreation facilities for which use fees may be charged: Tent, trailer and recreation vehicle sites 1 1 Provided, That in no event shall there be a charge for the use of any campsite and adjacent related facilities unless the campground in which the site is located has all of the following: Tent or trailer spaces, drinking water, access road, refuse containers, toilet facilities, personal collection of the fee by an employee or agent of the bureau operating the facility, reasonable visitor protection, and simple devices for containing a campfire (where campfires are permitted). Group camping sites 1 2 2 The administering agency may establish a group use rate in lieu of the above “Group Camping Sites” recreation use fee in accordance with the criteria set out in this section provided such rate is not less than $3.00 per day per group. Such a group use rate may constitute either a special recreation permit fee or a recreation use fee as determined by the administering agency. Specialized boat launching facilities and services 3 3 Use fees for boat ramps are prohibited. However, in the case of boat launching facilities with specialized facilities or services, such as mechanical or hydraulic lifts, reasonable fees may be assessed in accordance with the criteria set out in a paragraph (a) of this section. Lockers Boat storage and handling Elevators Ferries and other means of transportation Bathhouses Swimming pools Overnight shelters Guided tours Electrical hook-ups Vehicle and trailer storage Rental of nonmotorized boats Rental of motorized boats Rental of hunting blinds Reservation services Specialized sites (highly developed)

36 C.F.R. § 71.10 Special recreation permits and special recreation permit fees.

(a) Special recreation permits may be required in accordance with procedures established by the administering bureaus for specialized recreation uses, such as, but not limited to, group activities, recreation events, and the use of motorized recreation vehicles. In any instance where such a permit is required, the following conditions must be satisfied: (1) The use complies with pertinent State and Federal laws and regulations on public health, safety, air quality, and water quality; (2) The use will not adversely impact archeological, historic or primitive values and is not in conflict with existing resource management programs and objectives; (3) The necessary clean-up and restoration is made for any damage to resources or facilities; and (4) The use is restricted, to the extent practicable, to an area where minimal impact is imposed on the environmental, cultural or natural resource values. (b) Fees for special recreation permits shall be established by all outdoor recreation bureaus of the Department of the Interior issuing such permits in accordance with the following criteria: (1) The direct and indirect cost to the Government; (2) The benefit to the recipient; (3) The public policy or interest served; (4) The comparable recreation fees charged by other Federal and non-Federal public agencies within the service area of the management unit at which the fee is charged; (5) The economic and administrative feasibility of fee collection; and (6) Other pertinent factors.

36 C.F.R. § 71.11 Collection of Federal recreation fees.

The bureaus of the Department of the Interior administering outdoor recreation programs shall provide for the collection of entrance fees at the place of admission to Designated Entrance Fee Areas; they shall provide for the collection of recreation use fees and/or special recreation permit fees at the place of use or at a location reasonably convenient for the public and the bureaus.

36 C.F.R. § 71.12 Enforcement.

Persons authorized by the heads of the appropriate bureaus to enforce these regulations may arrest any person who violates these rules and regulations within areas under the administration or authority of such bureau head with a warrant or, if the offense is committed in his presence, without a warrant. Any violations of the rules and regulations issued in this part, except those in § 71.15, shall be punishable by a fine of not more than $100.

36 C.F.R. § 71.13 Exceptions, exclusions, and exemptions.

In the application of the provisions of this part, the following exceptions, exclusions, and exemptions shall apply: (a) Nothing contained herein shall authorize Federal hunting or fishing licenses or fees; (b) No entrance fee shall be charged for travel by private noncommercial vehicle over any National Parkway, or any road or highway established as part of the National Federal-Aid System, which is commonly used by the public as a means of travel between two places, either or both of which are outside the Designated Entrance Fee Area; (c) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway to any land in which such person has any property right if such land is within any Designated Entrance Fee Area. (d) No Federal recreation fee shall be charged for commercial or other activities not related to recreation, including, but not limited to, organized tours or outings conducted for educational or scientific purposes related to the resources of the area visited by bona fide institutions established for these purposes. Applicants for waiver of fees on this basis will be required to provide documentation of their official recognition as educational or scientific institutions by Federal, State or local government bodies and will also be required to provide a statement as to the purposes of the visit proposed. The use of any recreation facilities for which a fee waiver is requested must relate directly to scientific or educational purposes of the visit and may not be primarily for recreational purposes. No Federal recreation fee shall be charged any hospital inmate actively involved in medical treatment or therapy in the area visited. (e) No entrance fee shall be charged any person conducting State, local, or Federal government business. (f) No entrance fee shall be charged at any entrance to Great Smoky Mountains National Park unless such fees are charged at main highway and thoroughfare entrances. (g) No entrance fees shall be charged for persons who have not reached their 16th birthday. (h) Until July 12, 1975, no entrance fee shall be charged a foreign visitor to the United States seeking admission to any Designated Entrance Fee Area upon presentation of a valid passport. (i) No entrance fees shall be charged persons having a right of access to lands or waters within a Designated Entrance Fee Area for hunting or fishing privileges under a specific provision of law or treaty.

36 C.F.R. § 71.14 Public notification.

The administering bureaus shall notify the public of the specific Federal recreation fees which will be charged at areas and for facilities and uses under their jurisdiction. Such notification shall be accomplished by the posting of fee information in accordance with § 71.4 and the inclusion of such information in publications distributed at each area or facility. Public announcements, press releases and any other suitable means may also be used to provide such notification.

36 C.F.R. § 71.15 The Golden Eagle Insignia.

(a) Definitions. (1) The term “The Golden Eagle Insignia” (hereinafter “Insignia”) as used in this section, means the words “The Golden Eagle” and the representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border) which was originated by the Department of the Interior as the official symbol for Federal recreation fee areas. (2) The term “Secretary” as used in this section, means the Secretary of the Interior or any person designated to act for him in any matter to which this section refers. (3) The term “commercial use,” as used in this section, refers to any use, including the reproduction, manufacture, importation, or distribution, of the Insignia the primary purpose of which is to make a profit. (4) The term “public service use,” as used in this section, refers to any use, including the reproduction, manufacture, importation, or distribution, of the Insignia the primary purpose of which is to contribute to the public's information and education about the Federal recreation fee program. (5) The term “official use” refers to uses of the Insignia pursuant to §§ 71.4, 71.5, 71.6, 71.8, 71.10, and 71.14, including, but not limited to, the posting of areas, facilities, and uses with the designation sign described in § 71.4(a), and the design of Golden Eagle and Golden Age Passports, and uses of the Insignia by other Federal agencies. (6) The Golden Eagle program refers to the Federal outdoor recreation fee program, which provides for the designation of entrance fee areas, recreation use facilities, special recreation permit uses, the issuance of Golden Eagle and Golden Age Passports, and the collection and enforcement of fees at Federal areas and facilities and for specialized recreation uses established by the Land and Water Conservation Fund Act of 1965, 16 U.S.C.A. 4601-6a (Supp., 1974), as amended. (b) Licenses for commercial and public service use. (1) Any person, business, or organization (hereinafter called the applicant) wishing a license for commercial or public service use of the Insignia must make written application to the Secretary stating: (i) The nature and scope of the intended use. (ii) The applicant's name and address. (iii) The nature of the applicant's business or activities, and the relationship between the intended use and said business or activities. (2) The Secretary, in determining whether to grant a license for the commercial use of the Insignia, will consider the following criteria: (i) Whether the intended use will be an enhancement of the Golden Eagle program which would complement the program as it is administered by Federal recreation agencies and departments. (ii) Whether the intended use is likely to cause confusion, or to cause mistake, or to deceive the general public by creating the impression that the use is official. (iii) Whether the intended use is injurious to the integrity of the concept of the Insignia. (iv) Whether the intended use is capable of generating enough royalty fee revenue to justify the administrative costs of licensing. (3) The Secretary, in determining whether to grant a license for the public service use of the Insignia, will consider the following criteria: (i) Whether the intended use will be an enhancement of the Golden Eagle program which would complement the program as it is administered by Federal recreation agencies and departments. (ii) Whether the intended use is injurious to the integrity of the concept of the Insignia. (4) Any license granted by the Secretary for commercial use of the Insignia is subject to the following terms and conditions: (i) The license is nontransferable. (ii) All proposed uses of the Insignia must be approved by the Secretary prior to manufacture, importation, or reproduction by the licensee. The Insignia shall not be used in conjunction with substances inherently dangerous to the public. (iii) The license shall contain equal employment opportunity provisions in compliance with Executive Order 11246, 30 FR 12319 (1965), as amended, and regulations issued pursuant thereto (41 CFR Ch. 60) unless the royalty fees to be paid under the license are not expected to exceed $10,000. (iv) The license shall be subject to revocation by the Secretary at any time that he finds that: (a) The criteria under which the license was granted are not being fulfilled; or (b) there has been a violation of the terms and conditions of the license. (5) Any license granted by the Secretary for public service use of the Insignia is subject to the following terms and conditions: (i) The license is nontransferable. (ii) All proposed uses of the Insignia must be approved by the Secretary prior to manufacture, importation, reproduction, or distribution by the licensee. (iii) The license shall be subject to revocation by the Secretary at any time that he finds that: (a) The criteria under which the license was granted are not being fulfilled; or (b) there has been a violation of the terms and conditions of the license. (c) Unauthorized use of the Insignia. (1) Unauthorized use of the Insignia is all use except: The licensed commercial use or public service use of the Insignia; official use of the Insignia; and any lawful use of the Insignia, similar emblem, sign or words which antedates the Act of July 11, 1972, 86 Stat. 459. (2) Whoever makes unauthorized use of the Insignia or any facsimile thereof, in such a manner as is likely to cause confusion, or to cause mistake or to deceive the public by creating the impression that the use is official, shall be fined not more than $250 or imprisoned not more than 6 months or both. (3) Any unauthorized use of the Insignia may be enjoined at the suit of the Attorney General upon complaint by the Secretary. (d) Royalty fees for commercial and public service use. (1) Royalty fees for licensed commercial use of the Insignia shall be established at reasonable rates by contract between the licensee and the Secretary. (2) Royalty fees for licensed public service use of the Insignia shall be waived by the Secretary. (e) Abandonment of the Golden Eagle Insignia. The rights of the United States in the Golden Eagle Insignia shall terminate if the use of the Insignia is abandoned by the Secretary. Nonuse for a continued period of 2 years shall constitute abandonment.

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