### §460d–3. Recreational user fees

#### (a) Prohibition on admissions fees

No entrance or admission fees shall be collected after March 31, 1970, by any officer or employee of the United States at public recreation areas located at lakes and reservoirs under the jurisdiction of the Corps of Engineers, United States Army.

#### (b) Fees for use of developed recreation sites and facilities

#### (1) Establishment and collection

Notwithstanding section 460l–6a(b) 1 of this title, the Secretary of the Army is authorized, subject to paragraphs (2) and (3), to establish and collect fees for the use of developed recreation sites and facilities, including campsites, swimming beaches, and boat launching ramps but excluding a site or facility which includes only a boat launch ramp and a courtesy dock.

#### (2) Exemption of certain facilities

The Secretary shall not establish or collect fees under this subsection for the use or provision of drinking water, wayside exhibits, roads, scenic drives, overlook sites, picnic tables, toilet facilities, surface water areas, undeveloped or lightly developed shoreland, or general visitor information.

#### (3) Per vehicle limit

The fee under this subsection for use of a site or facility (other than an overnight camping site or facility or any other site or facility at which a fee is charged for use of the site or facility as of August 10, 1993) for persons entering the site or facility by private, noncommercial vehicle transporting not more than 8 persons (including the driver) shall not exceed $3 per day per vehicle. Such maximum amount may be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

#### (4) Deposit into Treasury account

All fees collected under this subsection shall be deposited into the Treasury account for the Corps of Engineers established by section 460l–6a(i) 1 of this title and, subject to the availability of appropriations, shall be used for the purposes specified in section 460l–6a(i)(3) 1 of this title at the water resources development project at which the fees were collected.

(Pub. L. 90–483, title II, §210, Aug. 13, 1968, 82 Stat. 746; Pub. L. 103–66, title V, §5001(a), Aug. 10, 1993, 107 Stat. 378; Pub. L. 104–303, title II, §208(b)(1), Oct. 12, 1996, 110 Stat. 3680.)

#### **Editorial Notes**

#### References in Text

Subsections (b) and (i) of section 460l–6a of this title, referred to in subsec. (b)(1), (4), were repealed, except for par. (1)(C) of subsec. (i), by Pub. L. 108–447, div. J, title VIII, §813(a), Dec. 8, 2004, 118 Stat. 3390, as amended by Pub. L. 109–54, title I, §132(a), Aug. 2, 2005, 119 Stat. 526. Subsec. (i)(1)(C) of section 460l–6a of this title was repealed and restated as section 100904(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

#### Amendments

1996—Subsec. (b)(4). Pub. L. 104–303 inserted before period at end "and, subject to the availability of appropriations, shall be used for the purposes specified in section 460l–6a(i)(3) of this title at the water resources development project at which the fees were collected".

1993—Pub. L. 103–66 inserted section catchline, struck out second sentence, designated remaining text as subsec. (a) and inserted heading, and added subsec. (b). Prior to amendment, second sentence read as follows: "User fees at these lakes and reservoirs shall be collected by officers and employees of the United States only from users of highly developed facilities requiring continuous presence of personnel for maintenance and supervision of the facilities, and shall not be collected for access to or use of water areas, undeveloped or lightly developed shoreland, picnic grounds, overlook sites, scenic drives, or boat launching ramps where no mechanical or hydraulic equipment is provided."

#### **Statutory Notes and Related Subsidiaries**

#### Alternative to Annual Passes

Section 208(c) of Pub. L. 104–303, as amended by Pub. L. 106–53, title II, §218, Aug. 17, 1999, 113 Stat. 294, provided that:

"(1) In general.—The Secretary shall evaluate the feasibility of implementing an alternative to the $25 annual pass that the Secretary currently offers to users of recreation facilities at water resources projects of the Corps of Engineers.

"(2) Annual pass.—The evaluation under paragraph (1) shall include the establishment on a test basis of an annual pass that costs $10 or less for the use of recreation facilities, including facilities at Raystown Lake, Pennsylvania.

"(3) Report.—Not later than December 31, 1999, the Secretary shall transmit to Congress a report on the results of the evaluation carried out under this subsection, together with recommendations concerning whether annual passes for individual projects should be offered on a nationwide basis.

"(4) Expiration of authority.—The authority to establish an annual pass under paragraph (2) shall expire on the [sic] December 31, 2003."

1 See References in Text note below.