16 USC 6813 - Relation to other laws and fee collection authorities

Collapse to view only § 6813. Relation to other laws and fee collection authorities

§ 6801. Definitions
§ 6802. Recreation fee authority
§ 6803. Public participation
§ 6804. Recreation passes
§ 6805. Cooperative agreements
§ 6806. Special account and distribution of fees and revenues
§ 6807. Expenditures
§ 6808. Reports
§ 6809. Sunset provision
§ 6810. Volunteers
§ 6811. Enforcement and protection of receipts
§ 6812. Repeal of superseded admission and use fee authorities
§ 6813. Relation to other laws and fee collection authorities
§ 6814. Limitation on use of fees for employee bonuses

§ 6801. Definitions

In this chapter:

(1) Standard amenity recreation fee

(2) Expanded amenity recreation fee

(3) Entrance fee

(4) Federal land management agency

(5) Federal recreational lands and waters

(6) National Parks and Federal Recreational Lands Pass

(7) Passholder

(8) Recreation fee

(9) Recreation pass

(10) Secretary

The 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.

(11) Secretaries

(12) Special account

(13)

(Pub. L. 108–447, div. J, title VIII, § 802, Dec. 8, 2004, 118 Stat. 3377.)

§ 6802. Recreation fee authority

(a) Authority of Secretary

(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.

(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.

(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 23,1

1 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 roads

(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 opportunities

(e) Entrance fee

(1) Authorized sites for entrance fees

(2) Prohibited sites

(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;

(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 authority

(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 permit fee

(Pub. L. 108–447, div. J, title VIII, § 803, Dec. 8, 2004, 118 Stat. 3378.)

§ 6803. Public participation

(a) In general

(b) Advance notice

(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 establish

(B) Number of Committees

(D) Use of other entities

(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

(3) Meetings

(4) Notice of rejection

(5) Composition of the Advisory Committee

(A) Number

(B) Nominations

(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) Three 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.

(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 term

(B) Effect of vacancy

(7) Chairperson

(8) Quorum

(9) Approval procedures

(10) Compensation

(11) Public participation in the Recreation Resource Advisory Committee

(A) Notice of meetings

(B) Records

(12) Chapter 10 of title 5

(e) Miscellaneous administrative provisions regarding recreation fees and recreation passes

(1) Notice of entrance fees, standard amenity recreation fees, and passes

(2) Notice of recreation fee projects

(Pub. L. 108–447, div. J, title VIII, § 804, Dec. 8, 2004, 118 Stat. 3382; Pub. L. 117–286, § 4(a)(132), Dec. 27, 2022, 136 Stat. 4320.)

§ 6804. Recreation passes

(a) America the Beautiful—the National Parks and Federal Recreational Lands Pass

(1) Availability and use

(2) Image competition for recreation pass

(3) Notice of establishment

(4) Duration

(5) Price

(6) Sales locations and marketing

(A) In general

(B) Use of vendors

(7) Administrative guidelines

(8) Development and implementation agreements

(9) Prohibition on other national recreation passes

(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 passes

(d) Regional multientity passes

(1) Passes authorized

(2) Regional multientity pass agreement

(e) Discounted or free admission days or use

(f) Effect on existing passports and permits

(1) Existing passports

(2) Permits

(Pub. L. 108–447, div. J, title VIII, § 805, Dec. 8, 2004, 118 Stat. 3385; Pub. L. 113–287, § 5(d)(36), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 114–289, title I, § 102, Dec. 16, 2016, 130 Stat. 1484; Pub. L. 116–205, § 2, Dec. 3, 2020, 134 Stat. 996; Pub. L. 116–283, div. A, title VI, § 625, Jan. 1, 2021, 134 Stat. 3677; Pub. L. 117–81, div. A, title VI, § 641, Dec. 27, 2021, 135 Stat. 1776.)

§ 6805. Cooperative agreements

(a) Fee management agreement

Notwithstanding 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 sharing

(Pub. L. 108–447, div. J, title VIII, § 806, Dec. 8, 2004, 118 Stat. 3387.)

§ 6806. Special account and distribution of fees and revenues

(a) Special account

(b) Deposits

Subject 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.

(1) Local distribution of funds

(A) Retention of revenues

(B) Reduction

(2) Agency-wide distribution of funds

(3) Other amounts

(d) Distribution of National Parks and Federal Recreational Lands Pass revenues

(e) Distribution of regional multientity pass revenues

(Pub. L. 108–447, div. J, title VIII, § 807, Dec. 8, 2004, 118 Stat. 3388.)

§ 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; and

(F) a fee management agreement established under section 6805(a) of this title or a visitor reservation service.

(b) Limitation on use of fees

(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.

(Pub. L. 108–447, div. J, title VIII, § 808, Dec. 8, 2004, 118 Stat. 3388; Pub. L. 111–11, title VII, § 7116(h), Mar. 30, 2009, 123 Stat. 1203.)

§ 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.

(Pub. L. 108–447, div. J, title VIII, § 809, Dec. 8, 2004, 118 Stat. 3389.)

§ 6809. Sunset provision

The authority of the Secretary to carry out this chapter shall terminate September 30, 2019.1

1 See Recreation Fees note below.

(Pub. L. 108–447, div. J, title VIII, § 810, Dec. 8, 2004, 118 Stat. 3389; Pub. L. 113–235, div. F, title IV, § 422, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 114–53, div. B, § 134, Sept. 30, 2015, 129 Stat. 509, renumbered div. B, Pub. L. 114–113, § 8(3), Dec. 18, 2015, 129 Stat. 2245; Pub. L. 114–223, div. C, § 133, Sept. 29, 2016, 130 Stat. 914; Pub. L. 115–56, div. D, § 131, Sept. 8, 2017, 131 Stat. 1145.)

§ 6810. Volunteers

(a) Authority to use volunteers

(b) Waiver or discount of fees; site-specific agency pass

(d) Regional multientity passes

(Pub. L. 108–447, div. J, title VIII, § 811, Dec. 8, 2004, 118 Stat. 3389.)

§ 6811. Enforcement and protection of receipts

(a) Enforcement authority

(b) Evidence of nonpayment

(d) Limitation on penalties

(Pub. L. 108–447, div. J, title VIII, § 812, Dec. 8, 2004, 118 Stat. 3390.)

§ 6812. Repeal of superseded admission and use fee authorities

(a) Land and Water Conservation Fund Act

(b) Recreational fee demonstration program

(d) National park passport, Golden Eagle Passport, Golden Age Passport, and Golden Access Passport

Effective 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 accounts

(2) National parks passport

(3) Recreational fee demonstration program

(4) Admission permits for refuge units

(f) Effect of regulations

(Pub. L. 108–447, div. J, title VIII, § 813, Dec. 8, 2004, 118 Stat. 3390; Pub. L. 109–54, title I, § 132(a), Aug. 2, 2005, 119 Stat. 526; Pub. L. 113–287, § 5(d)(37), Dec. 19, 2014, 128 Stat. 3268.)

§ 6813. Relation to other laws and fee collection authorities

(a) Federal and State laws unaffected

(b) Relation to revenue allocation laws

Amounts 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 span “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 span “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, 1937,1

1 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.

(d) Sole recreation fee authority

(e) Fees charged by third parties

(f) Migratory Bird Hunting Stamp Act

(Pub. L. 108–447, div. J, title VIII, § 814, Dec. 8, 2004, 118 Stat. 3392.)

§ 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.

(Pub. L. 108–447, div. J, title VIII, § 815, Dec. 8, 2004, 118 Stat. 3393.)