I 

108TH CONGRESS 

1ST SESSION H. R. 3283

To improve recreational facilities and visitor opportunities on Federal recreational lands by reinvesting receipts from fair and consistent recreational fees and passes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003

Mr. REGULA (for himself, Mr. WAMP, Mr. SHERWOOD, Mr. SOUDER, Mr. 

PETRI, Mr. PETERSON of Pennsylvania, and Mr. HOBSON) introduced the 

following bill; which was referred to the Committee on Resources, and in 

addition to the Committee on Agriculture, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To improve recreational facilities and visitor opportunities 

on Federal recreational lands by reinvesting receipts 

from fair and consistent recreational fees and passes, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.— This Act may be cited as the 

5 ‘‘Federal Lands Recreation Enhancement Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title and table of contents. 

Sec. 2. Purposes and principles. 

Sec. 3. Definitions. 

Sec. 4. General recreation fee authority. 

Sec. 5. Basic recreation fee. 

Sec. 6. Expanded recreation fee. 

Sec. 7. Special recreation permit fee. 

Sec. 8. General recreation pass authority. 

Sec. 9. America the Beautiful—the National Parks and Federal Recreational 

Lands Pass. 

Sec. 10. Other recreation passes. 

Sec. 11. Miscellaneous administrative provisions regarding recreation fees and 

recreation passes. 

Sec. 12. Volunteers. 

Sec. 13. Special accounts and distribution of recreation fees and recreation pass 

revenues. 

Sec. 14. Expenditures from special accounts. 

Sec. 15. Enforcement and protection of receipts. 

Sec. 16. Repeal of superseded admission and use fee authorities. 

Sec. 17. Relation to other laws and fee collection authorities.

3 SEC. 2. PURPOSES AND PRINCIPLES. 

4 (a) PURPOSES.—The purposes of this Act are—

5 (1) to enhance visitor opportunities regarding 

6 Federal public lands by creating a seamless Federal 

7 system of recreation opportunities; 

8 (2) to enhance the visitor experience by invest9 ing recreation fees in improving recreation opportu10 nities regarding Federal public lands; 

11 (3) to reduce the huge deferred maintenance 

12 backlog that adversely affects visitor use and enjoy13 ment of Federal recreational facilities and lands, by 

14 focused use of visitor fee revenues; 

15 (4) to help protect and enhance the natural re16 source, historic, cultural, and other special values of 
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1 Federal public lands and National Parks that at2 tract hundreds of millions of visitors every year; 

3 (5) to establish a permanent recreation fee pro4 gram that allows the fees to be used primarily at the 

5 site of collection; 

6 (6) to establish a permanent recreation fee pro7 gram so that important investments in technology 

8 may be made; 

9 (7) to streamline, simplify, and improve the 

10 recreation fee program; and 

11 (8) to streamline, simplify, and improve the 

12 interagency national recreation pass program. 

13 (b) PRINCIPLES.—The following principles apply to 

14 the recreation fee program authorized by this Act: 

15 (1) BENEFICIAL TO THE VISITING PUBLIC.—A 

16 majority of the revenue generated by recreation fees 

17 should be retained and used at the site where the 

18 fees are collected to benefit the visiting public by en19 hancing the resources, facilities, activities, services, 

20 and programs used by the visiting public. Recreation 

21 fees should be designed to provide the sites with ade22 quate resources to enhance and supply visitor serv23 ices, reduce the backlog of deferred maintenance, 

24 and restore and enhance impacted or endangered re25 sources. 
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1 (2) FAIR AND EQUITABLE.—Recreation fees 

2 should also be affordable for the visiting public and 

3 not significantly impact visitation levels. Recreation 

4 fees should be reasonable and based on a consistent 

5 and sound rationale. Recreation fee systems should 

6 consider and address the relationship between who 

7 pays the fee and who benefits from the resources, fa8 cilities, activities, services, and programs provided by 

9 a recreation program. 

10 (3) EFFICIENT.—Recreation fees should be col11 lected and administered in a cost efficient, enforce12 able, and business-like manner. 

13 (4) COLLABORATIVE.—Recreation fees should 

14 be developed with input from local communities and 

15 other interested persons. Wherever possible or ap16 propriate, Federal land management agencies should 

17 coordinate fees with private entities and local, State, 

18 and other Federal agencies so as to minimize over19 lapping costs and simplify fees for the visiting pub20 lic. 

21 (5) CONVENIENT.—Recreation fees should be 

22 convenient to pay and recreation passes should be 

23 easy to obtain. A variety of payment and purchase 

24 location options (including credit card, internet, 
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1 automated fee machines, and vendor sales) should be 

2 available as appropriate and feasible. 

3 (6) ACCOUNTABLE.—Federal land management 

4 agencies should collect data and publish annually 

5 public documentation showing how the recreation fee 

6 program is administered. Agencies should evaluate 

7 the recreation fee program to consider cost of collec8 tion, adherence to policy, use of revenues, fiscal safe9 guards, and how well the program achieves organiza10 tional, site, and community goals. 

11 (7) CONSISTENT.—The visiting public should 

12 expect a similar fee for similar resources, facilities, 

13 activities, services, and programs across Federal 

14 land management agencies or in a given geographic 

15 area. The costs and benefits associated with a recre16 ation fee or recreation pass should be clearly illus17 trated and easily understood by the visiting public. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) BASIC RECREATION FEE.—The term ‘‘basic 

21 recreation fee’’ means the fee authorized by section 

22 5. 

23 (2) EXPANDED RECREATION FEE.—The term 

24 ‘‘expanded recreation fee’’ means the fee authorized 

25 by section 6. 
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1 (3) FEDERAL LAND MANAGEMENT AGENCY.—

2 The term ‘‘Federal land management agency’’ 

3 means the National Park Service, the United States 

4 Fish and Wildlife Service, the Bureau of Land Man5 agement, the Bureau of Reclamation, or the Forest 

6 Service. 

7 (4) NATIONAL PARKS AND FEDERAL REC8 REATIONAL LANDS PASS .—The term ‘‘National 

9 Parks and Federal Recreational Lands Pass’’ means 

10 the interagency national pass authorized by section 

11 9. 

12 (5) PASSHOLDER.—The term ‘‘passholder’’ 

13 means a person who purchases or otherwise holds a 

14 recreation pass. 

15 (6) RECREATION FEE.—The term ‘‘recreation 

16 fee’’ means the basic recreation fee, expanded recre17 ation fee, or special recreation permit fee. 

18 (7) RECREATION PASS.—The term ‘‘recreation 

19 pass’’ means the National Parks and Federal Rec20 reational Lands Pass or one of the recreation passes 

21 available as authorized by section 10. 

22 (8) SECRETARY CONCERNED.—The term ‘‘Sec23 retary concerned’’ means—

24 (A) the Secretary of the Interior, with re25 spect to the National Park Service, the United 
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1 States Fish and Wildlife Service, the Bureau of 

2 Land Management, and the Bureau of Rec3 lamation; and 

4 (B) the Secretary of Agriculture, with re5 spect to the Forest Service. 

6 (9) SECRETARIES.—The term ‘‘Secretaries’’ 

7 means the Secretary of the Interior and the Sec8 retary of Agriculture acting jointly. 

9 (10) SPECIAL ACCOUNT.—The term ‘‘special ac10 count’’ means the special account established in the 

11 Treasury under section 13 for a Federal land man12 agement agency. 

13 (11) SPECIAL RECREATION PERMIT FEE.—The 

14 term ‘‘special recreation permit fee’’ means the fee 

15 authorized by section 7. 

16 SEC. 4. GENERAL RECREATION FEE AUTHORITY. 

17 (a) AUTHORITY TO ESTABLISH.—The Secretary con18 cerned shall provide for the establishment of basic recre19 ation fees, expanded recreation fees, and special recreation 

20 permit fees that are fair and equitable. 

21 (b) ESTABLISHMENT GUIDELINES.—The Secretary 

22 concerned shall establish guidelines identifying the process 

23 by which a Federal land management agency shall estab24 lish and change the amount charged for a basic recreation 

25 fee, expanded recreation fee, or special recreation permit 
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1 fee. The guidelines shall contain a provision requiring that 

2 Federal land management agencies coordinate with each 

3 other, to the extent practicable, when establishing and 

4 changing such fees. 

5 (c) CONSIDERATIONS.—Before establishing and set6 ting a price for a recreation fee, the Secretary concerned 

7 shall take into consideration the following: 

8 (1) The benefits and services provided to visi9 tors paying the recreation fee. 

10 (2) The public policy or management objectives 

11 served. 

12 (3) The effect of multiple fees charged to the 

13 public. 

14 (4) The direct and indirect cost to the Govern15 ment. 

16 (5) The revenue benefits to the Government. 

17 (6) Fees charged at comparable sites or by 

18 other public agencies. 

19 (7) The economic and administrative feasibility 

20 of fee collection. 

21 (8) The price of the National Parks and Fed22 eral Recreational Lands Pass. 

23 (d) FEES FOR CERTAIN ACTIVITIES PROHIBITED.—

24 The Secretary concerned may not charge a basic recre-
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1 ation fee, expanded recreation fee, or special recreation 

2 permit fee—

3 (1) for travel by private, noncommercial vehicles 

4 over any national parkway or any road or highway 

5 established as a part of the National Highway Sys6 tem (as defined in section 101 of title 23, United 

7 States Code) that is commonly used by the public as 

8 a means of travel between two places either or both 

9 of which are outside any unit or area of a Federal 

10 land management agency at which fees are charged 

11 under this Act; 

12 (2) for travel by a person using a private, non13 commercial vehicle over any road or highway to any 

14 land in which the person has any property right, if 

15 the land is within any unit or area of a Federal land 

16 management agency at which fees are charged under 

17 this Act; 

18 (3) for any person who has a right of access for 

19 hunting or fishing privileges under a specific provi20 sion of law or treaty; or 

21 (4) for any person who is engaged in the con22 duct of official Federal, State, or local government 

23 business. 

24 (e) WAIVER OR DISCOUNT OF FEES.—The Secretary 

25 concerned may waive or discount a basic recreation fee, 
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1 expanded recreation fee, or special recreation permit fee, 

2 as considered appropriate by the Secretary concerned. 

3 (f) FEE MANAGEMENT AGREEMENTS.—Notwith4 standing chapter 63 of title 31, United States Code (com5 monly known as the Federal Grants and Cooperative 

6 Agreements Act), the Secretary concerned may enter into 

7 fee management agreements, including contracts, that 

8 provide for reasonable commissions, discounts, or reim9 bursements, with any governmental or nongovernmental 

10 entities to provide fee collection and processing services, 

11 including visitor reservation services. 

12 SEC. 5. BASIC RECREATION FEE. 

13 (a) FEE AUTHORIZED.—Except as provided in sub14 section (b), the Secretary concerned may charge a basic 

15 recreation fee for the following locations: 

16 (1) Units of the National Park System. 

17 (2) National Conservation Areas. 

18 (3) National Recreation Areas. 

19 (4) National Monuments. 

20 (5) National Volcanic Monuments. 

21 (6) National Scenic Areas. 

22 (7) Areas of substantial investment by a Fed23 eral land management agency, which refers to Fed24 eral lands or waters under the jurisdiction of the 
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1 Secretary concerned that are not specified in para2 graphs (1) through (6), but that—

3 (A) are managed for recreation purposes 

4 or contain at least one major visitor attraction; 

5 and 

6 (B) have had substantial investments, as 

7 determined by the Secretary concerned, made in 

8 their facilities or services, in restoring resource 

9 degradation in areas of concentrated public use, 

10 including a visitor or interpretive center, a trail11 head facility, or a developed parking lot, or in 

12 requiring the presence of personnel of a Federal 

13 land management agency. 

14 (b) LIMITATIONS ON FEES FOR CERTAIN PERSONS, 

15 ACTIVITIES, AND LOCATIONS.—The Secretary concerned 

16 may not charge a basic recreation fee with respect to any 

17 of the following: 

18 (1) A person under 16 years of age. 

19 (2) Outings conducted for noncommercial edu20 cational purposes by schools or bonafide academic 

21 institutions. 

22 (3) The following National Park System units: 

23 (A) U.S.S. Arizona Memorial. 

24 (B) Independence National Historical 

25 Park. 
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1 (C) Statue of Liberty National Monument. 

2 (D) National Park System units in the 

3 District of Columbia. 

4 (E) The Arlington House–Robert E. Lee 

5 National Memorial. 

6 (F) Any National Park System unit cov7 ered by section 203 of the Alaska National In8 terest Lands Conservation Act (16 U.S.C. 

9 410hh–2), other than Denali National Park and 

10 Preserve. 

11 (G) Any National Park System unit con12 taining a deed restriction on charging entrance 

13 fees. 

14 (4) For entrance on other routes into the Great 

15 Smoky Mountains National Park, or any part there16 of, unless a basic recreation fee is charged for en17 trance into that park on main highways and thor18 oughfares. 

19 (5) For any person who visits a unit or area 

20 under the jurisdiction of the United States Fish and 

21 Wildlife Service and is the holder of a valid migra22 tory bird hunting and conservation stamp issued 

23 under section 2 of the Act of March 16, 1934 (16 

24 U.S.C. 718b; commonly known as the Migratory 

25 Bird Hunting Stamp Act or Duck Stamp Act). 
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1 (6) For any person engaged in a nonrec2 reational activity authorized under a valid permit 

3 issued under any other Act, including a valid grazing 

4 permit. 

5 (c) FEE-FREE DAY.—At every unit or area of a Fed6 eral land management area that charges a basic recreation 

7 fee, that Secretary concerned shall designate at least one 

8 day annually during periods of high visitation as a ‘‘Fee9 Free Day’’ when no basic recreation fee is charged. 

10 SEC. 6. EXPANDED RECREATION FEE. 

11 (a) FEE AUTHORIZED.—The Secretary concerned 

12 may charge an expanded recreation fee, either in addition 

13 to a basic recreation fee or by itself, at Federal lands or 

14 waters under the jurisdiction of a Federal land manage15 ment agency when the Secretary concerned determines 

16 that the visitor to those lands or waters—

17 (1) receives or is provided a direct service; 

18 (2) uses a specific or specialized facility or 

19 equipment in association with the recreation activity; 

20 (3) requires additional attention by staff, rep21 resentatives or contractors of the Federal land man22 agement agency; or 

23 (4) participates in an activity that involves 

24 more costs to the Federal land management agency 
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1 than the costs associated with the basic recreation 

2 fee. 

3 (b) LIMITATIONS ON FEES FOR CERTAIN PERSONS, 

4 ACTIVITIES, AND LOCATIONS.—The Secretary concerned 

5 may not charge an expanded recreation fee with respect 

6 to any of the following: 

7 (1) For general access to any Federal lands or 

8 waters under the jurisdiction of a Federal land man9 agement agency. 

10 (2) For access to any of the following: 

11 (A) A visitor center. 

12 (B) A dispersed area with low or no invest13 ment. 

14 (C) A scenic overlook. 

15 (D) A basic, core interpretive program. 

16 (E) A backcountry byway. 

17 (F) A wayside. 

18 (G) A drinking fountain. 

19 (H) A restroom. 

20 (I) An undeveloped parking area. 

21 (J) an individual picnic table. 

22 (3) For special attention or extra services nec23 essary to meet the needs of individuals with disabil24 ities. 
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1 (4) For any person engaged in a nonrec2 reational activity authorized under a valid permit 

3 issued under any other Act, including a valid grazing 

4 permit. 

5 (c) FACILITIES AND SERVICES.—In accordance with 

6 subsection (a), but subject to subsection (b), an expanded 

7 recreation fee may be charged for facilities and services, 

8 including any of the following: 

9 (1) A developed campground. 

10 (2) A developed boat ramp. 

11 (3) A facility rental. 

12 (4) An equipment rental. 

13 (5) An enhanced interpretive program. 

14 (6) A reservation service. 

15 (7) A transportation service. 

16 (8) A special amenity. 

17 SEC. 7. SPECIAL RECREATION PERMIT FEE. 

18 (a) FEE AUTHORIZED.—The Secretary concerned 

19 may require a special recreation permit, and charge a spe20 cial recreation permit fee, for a recreation use, including 

21 any of the following: 

22 (1) A group activity. 

23 (2) A commercial tour, including commercial 

24 aircraft tour. 

25 (3) A recreation event. 
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1 (4) Use of a motorized recreation vehicle. 

2 (5) A competitive event. 

3 (6) An outfitting and guiding activity. 

4 (7) An activity requiring an allocation of use. 

5 (8) An activity for which a permit is required 

6 to ensure public safety. 

7 (b) PROCEDURES AND GUIDELINES.—If the Sec8 retary concerned requires a special recreation permit for 

9 a recreation use, or charges a special recreation permit 

10 fee, the Secretary concerned shall establish procedures or 

11 guidelines to address the application and approval process 

12 for the special recreation permit and the special recreation 

13 permit fee levels. 

14 SEC. 8. GENERAL RECREATION PASS AUTHORITY. 

15 (a) EFFECT AND USE OF RECREATION PASSES.—A 

16 recreation pass shall cover the basic recreation fee at any 

17 unit or area of a Federal land management agency that 

18 charges a basic recreation fee for the passholder and—

19 (1) all persons traveling with the passholder in 

20 a noncommercial motorized vehicle; 

21 (2) up to three persons accompanying the 

22 passholder and traveling by means other than a mo23 torized vehicle; or 
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1 (3) up to three persons accompanying the 

2 passholder at walk-up units or areas of a Federal 

3 land management agency. 

4 (b) NONTRANSFERABLE.—A recreation pass is non5 transferable. 

6 (c) CONSIDERATIONS.—Before establishing and set7 ting a price for a recreation pass, the Secretary concerned 

8 shall take into consideration the following: 

9 (1) The considerations specified in section 4(c). 

10 (2) The visitor services and recreation opportu11 nities to be covered by the recreation pass. 

12 (3) The price of, and impact on, other recre13 ation passes. 

14 (4) Visitor confusion with respect to other 

15 recreation passes. 

16 (5) The impact on the incentive of a Federal 

17 land management agency to sell the National Parks 

18 and Federal Recreational Lands Pass. 

19 (6) The impact on the overall collection of 

20 recreation fees authorized by this Act. 

21 (7) The basic recreation fees charged at units 

22 or areas of the Federal land management agencies 

23 covered by the recreation pass and the impact of the 

24 recreation pass on those fees. 
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1 (d) PUBLIC NOTICE.—The Secretaries shall jointly 

2 take such steps as may be necessary to provide to the pub3 lic information on the National Parks and Federal Rec4 reational Lands Pass and other available recreation 

5 passes. 

6 SEC. 9. AMERICA THE BEAUTIFUL—THE NATIONAL PARKS 

7 AND FEDERAL RECREATIONAL LANDS PASS. 

8 (a) RECREATION PASS AUTHORIZED.—

9 (1) AVAILABILITY AND USE.—The Secretaries 

10 shall jointly establish, and may charge a fee for, an 

11 interagency national pass to be known as the 

12 ‘‘America the Beautiful—the National Parks and 

13 Federal Recreational Lands Pass’’, which shall cover 

14 the basic recreation fee at all units and areas of the 

15 Federal land management agencies for which a basic 

16 recreation fee is charged. 

17 (2) IMAGE COMPETITION FOR RECREATION

18 PASS.—The Secretaries shall jointly hold an annual 

19 competition to select the image to be used on the 

20 National Parks and Federal Recreational Lands 

21 Pass for a year. The competition shall be—

22 (A) open to the public; and 

23 (B) used as a means to educate the Amer24 ican people about units and areas of the Fed25 eral land management agencies. 
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1 (3) NOTICE OF ESTABLISHMENT.—The Secre2 taries shall jointly publish a notice in the Federal 

3 Register when the National Parks and Federal Rec4 reational Lands Pass is first established and avail5 able for purchase. 

6 (b) DURATION.—The National Parks and Federal 

7 Recreational Lands Pass shall be valid for a period of 12 

8 months from the date of the issuance of the recreation 

9 pass to a passholder. 

10 (c) PRICE.—The Secretaries shall jointly establish 

11 the price at which the National Parks and Federal Rec12 reational Lands Pass will be sold to the public. 

13 (d) SALES LOCATIONS AND MARKETING.—

14 (1) IN GENERAL.—The Secretary concerned 

15 shall sell the National Parks and Federal Rec16 reational Lands Pass at all units or areas of the 

17 Federal land management agencies at which a basic 

18 recreation fee is charged and at such other locations 

19 as the Secretaries consider appropriate and feasible. 

20 (2) USE OF VENDORS.—The Secretary con21 cerned may enter into cooperative agreements or 

22 contracts with private vendors to sell the National 

23 Parks and Federal Recreational Lands Pass. 

24 (3) MARKETING.—The Secretaries shall jointly 

25 take such actions as are appropriate to provide for 
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1 the active marketing of the National Parks and Fed2 eral Recreational Lands Pass. 

3 (e) DISCOUNTED PASSES.—

4 (1) AGE DISCOUNT.—The National Parks and 

5 Federal Recreational Lands Pass shall be available, 

6 at a 50 percent discount, to any citizen of, or person 

7 domiciled in, the United States who is 62 years of 

8 age or older, provides adequate proof of age, and 

9 provides adequate proof of citizenship or residency. 

10 (2) DISABILITY DISCOUNT.—The National 

11 Parks and Federal Recreational Lands Pass shall be 

12 available, without charge, to any citizen of, or person 

13 domiciled in, the United States who has a physical 

14 or mental impairment which substantially limits one 

15 or more of the person’s major life activities, as re16 quired by section 7(20)(B)(i) of the Rehabilitation 

17 Act of 1973 (29 U.S.C. 701(20)(B)(i)), provides 

18 adequate documentation of the such disability, and 

19 provides adequate proof of citizenship or residency. 

20 (f) ADMINISTRATIVE GUIDELINES.—The Secretaries 

21 shall jointly issue guidelines on administration of the Na22 tional Parks and Federal Recreational Lands Pass, which 

23 shall include agreement on price, the distribution of reve24 nues between the Federal land management agencies, the 

25 sharing of costs, benefits provided, marketing and design, 
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1 adequate documentation for age and disability discounts, 

2 and the issuance of that recreation pass to volunteers. The 

3 Secretaries shall take into consideration all relevant visitor 

4 and sales data available in establishing the guidelines. 

5 (g) DEVELOPMENT AND IMPLEMENTATION AGREE6 MENTS.—The Secretaries may jointly enter into coopera7 tive agreements with governmental and nongovernmental 

8 entities for the development and implementation of the 

9 National Parks and Federal Recreational Lands Pass Pro10 gram. 

11 (h) PROHIBITION ON OTHER NATIONAL RECREATION

12 PASSES.—The Secretary concerned may not establish any 

13 national recreation pass, except as provided in this section. 

14 SEC. 10. OTHER RECREATION PASSES. 

15 (a) SITE-SPECIFIC AGENCY PASSES.—The Secretary 

16 concerned may establish and charge a fee for a site-spe17 cific pass that will cover the basic recreation fee for a par18 ticular unit or area of a Federal land management agency 

19 for a specified period not to exceed 12 months. 

20 (b) REGIONAL MULTIENTITY PASSES.—

21 (1) PASSES AUTHORIZED.—The Secretary con22 cerned may establish and charge a fee for a regional 

23 multientity pass that will be accepted by one or more 

24 Federal land management agencies or by one or 

25 more governmental or nongovernmental entities for 
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1 a specified period not to exceed 12 months. To in2 clude a Federal land management agency or govern3 mental or nongovernmental entity over which the 

4 Secretary concerned does not have jurisdiction, the 

5 Secretary concerned shall obtain the consent of the 

6 head of such agency or entity. 

7 (2) REGIONAL MULTIENTITY PASS AGREE8 MENT.—In order to establish a regional multientity 

9 pass under this subsection, the Secretary concerned 

10 shall enter into a regional multientity pass agree11 ment with all the participating agencies or entities 

12 on price, the distribution of revenues between par13 ticipating agencies or entities, the sharing of costs, 

14 benefits provided, marketing and design, and the 

15 issuance of the pass to volunteers. The Secretary 

16 concerned shall take into consideration all relevant 

17 visitor and sales data available when entering into 

18 this agreement. 

19 SEC. 11. MISCELLANEOUS ADMINISTRATIVE PROVISIONS 

20 REGARDING RECREATION FEES AND RECRE21 ATION PASSES. 

22 (a) NOTICE OF BASIC RECREATION FEES AND

23 PASSES.—The Secretary concerned shall post clear notice 

24 of the basic recreation fee and available recreation passes 

25 at appropriate locations in each unit or area of a Federal 
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1 land management agency where a basic recreation fee is 

2 charged. The Secretary concerned shall include such no3 tice in publications distributed at the unit or area. 

4 (b) NOTICE OF RECREATION FEE PROJECTS.—To 

5 the extent practicable, the Secretary concerned shall post 

6 clear notice of locations where work is performed using 

7 recreation fee or recreation pass revenues collected under 

8 this Act. 

9 SEC. 12. VOLUNTEERS. 

10 (a) AUTHORITY TO USE VOLUNTEERS.—The Sec11 retary concerned may use volunteers, as appropriate, to 

12 collect recreation fees and sell recreation passes. 

13 (b) WAIVER OR DISCOUNT OF FEES; SITE-SPECIFIC

14 AGENCY PASS.—In exchange for volunteer services, the 

15 Secretary concerned may waive or discount a recreation 

16 fee that would otherwise apply to the volunteer or issue 

17 to the volunteer a site-specific agency pass authorized 

18 under section 10(a). 

19 (c) NATIONAL PARKS AND FEDERAL RECREATIONAL

20 LANDS PASS.—In accordance with the guidelines issued 

21 under section 9(f), the Secretaries may jointly issue a Na22 tional Parks and Federal Recreational Lands Pass to a 

23 volunteer in exchange for significant volunteer services 

24 performed by the volunteer. 
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1 (d) REGIONAL MULTIENTITY PASSES.—The Sec2 retary concerned may issue a regional multientity pass au3 thorized under section 10(b) to a volunteer in exchange 

4 for significant volunteer services performed by the volun5 teer, if the regional multientity pass agreement under 

6 which the regional multientity pass was established pro7 vides for the issuance of the pass to volunteers. 

8 SEC. 13. SPECIAL ACCOUNTS AND DISTRIBUTION OF 

9 RECREATION FEES AND RECREATION PASS 

10 REVENUES. 

11 (a) SPECIAL ACCOUNT.—The Secretary of the Treas12 ury shall establish a special account in the Treasury for 

13 each Federal land management agency. 

14 (b) DEPOSITS.—Subject to subsections (c), (d), and 

15 (e), revenues collected by each Federal land management 

16 agency under this Act shall—

17 (1) be deposited in its special account; and 

18 (2) remain available for expenditure, without 

19 further appropriation, until expended. 

20 (c) DISTRIBUTION OF RECREATION FEES AND SIN21 GLE-SITE AGENCY PASS REVENUES.—

22 (1) LOCAL DISTRIBUTION OF FUNDS.—

23 (A) RETENTION OF REVENUES.—Not less 

24 than 80 percent of the recreation fees and site25 specific agency pass revenues collected at a spe-
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1 cific unit or area of a Federal land management 

2 agency shall remain available for expenditure, 

3 without further appropriation, until expended at 

4 that unit or area. 

5 (B) REDUCTION.—The Secretary con6 cerned may reduce the percentage allocation 

7 otherwise applicable under subparagraph (A) to 

8 a unit or area of a Federal land management 

9 agency, but not below 60 percent, for a fiscal 

10 year if the Secretary concerned determines that 

11 the revenues collected at the unit or area exceed 

12 the reasonable needs of the unit or area for 

13 which expenditures may be made under section 

14 14 for that fiscal year. 

15 (2) AGENCY-WIDE DISTRIBUTION OF FUNDS.—

16 The balance of the recreation fees and site-specific 

17 agency pass revenues collected at a specific unit or 

18 area of a Federal land management and not distrib19 uted in accordance with paragraph (1) shall remain 

20 available to that Federal land management agency 

21 for expenditure on an agency-wide basis, without 

22 further appropriation, until expended. 

23 (d) DISTRIBUTION OF NATIONAL PARKS AND FED24 ERAL RECREATIONAL LANDS PASS REVENUES.—Reve25 nues collected from the sale of the National Parks and 
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1 Federal Recreational Lands Pass shall be deposited in the 

2 special accounts established for the Federal land manage3 ment agencies in accordance with the guidelines issued 

4 under section 9(f). 

5 (e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS

6 REVENUES.—Revenues collected from the sale of a re7 gional multientity pass authorized under section 10(b) 

8 shall be deposited in each participating Federal land man9 agement agency’s special account in accordance with the 

10 terms of the multientity agreement for the regional multi11 entity pass. 

12 SEC. 14. EXPENDITURES FROM SPECIAL ACCOUNTS. 

13 (a) TRANSFER AND USE OF FUNDS.—On request of 

14 the Secretary concerned, the Secretary of the Treasury 

15 shall transfer to the Secretary concerned from the special 

16 account for a Federal land management agency such 

17 amounts as the Secretary concerned considers necessary 

18 and appropriate. The Secretary concerned shall accept and 

19 use the transferred amounts in accordance with this sec20 tion. 

21 (b) USE OF FEES AT SPECIFIC UNIT OR AREA.—

22 (1) AUTHORIZED USES.—Amounts available 

23 under section 13(c)(1) for expenditure at a specific 

24 unit or area of a Federal land management agency 

25 may be used for the following purposes: 
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1 (A) Backlogged repair and maintenance 

2 projects, including projects relating to health 

3 and safety, and other maintenance. 

4 (B) Interpretation and signage. 

5 (C) Habitat or facility enhancement. 

6 (D) Resource preservation. 

7 (E) Law enforcement related to public use. 

8 (F) Bonding of volunteers. 

9 (G) Direct operating or capital costs asso10 ciated with the imposition and collection of 

11 recreation fees and the issuance of recreation 

12 passes. 

13 (2) SEPARATE ACCOUNTING.—Amounts avail14 able under section 13(c)(1) for expenditure at a spe15 cific unit or area of a Federal land management 

16 agency shall be accounted for separately from 

17 amounts available under section 13(c)(2). 

18 (c) USE OF FEES AGENCY-WIDE.—Amounts available 

19 under section 13(c)(2) to a Federal land management 

20 agency for expenditure agency-wide may be used for the 

21 purposes described in subsection (b)(1) at units or areas 

22 selected by the Federal land management agency. 

23 (d) USE OF FEES FOR RECREATION PASS PRO24 GRAMS.—
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1 (1) ADMINISTRATION AND MARKETING

2 COSTS.—Not more than 15 percent of the revenues 

3 collected from the sale of a recreation pass may be 

4 used to fund administration and marketing costs as5 sociated with that recreation pass. 

6 (2) TRANSITIONAL EXCEPTION.—Notwith7 standing any other provisions of this Act, the Sec8 retary concerned may use amounts available in the 

9 special account of a Federal land management agen10 cy to supplement administration and marketing 

11 costs associated with—

12 (A) the National Parks and Federal Rec13 reational Lands Pass during the five-year pe14 riod beginning on the date the joint guidelines 

15 are issued under section 9(f); and 

16 (B) a regional multientity pass authorized 

17 under section 10(b) during the five-year period 

18 beginning on the date the regional multientity 

19 pass agreement for that recreation pass takes 

20 effect. 

21 SEC. 15. ENFORCEMENT AND PROTECTION OF RECEIPTS. 

22 (a) ENFORCEMENT AUTHORITY.—The Secretary con23 cerned shall enforce payment of the fees authorized by this 

24 Act. 
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1 (b) EVIDENCE OF NONPAYMENT.—If the display of 

2 proof of payment of a recreation fee, or the payment of 

3 a recreation fee within a certain time period is required, 

4 failure to display such proof as required or to pay the 

5 recreation fee within the time period specified shall be con6 sidered prima facia evidence of nonpayment. 

7 (c) JOINT LIABILITY.—The registered owner and any 

8 occupant of a vehicle charged with a nonpayment violation 

9 involving the vehicle shall be jointly liable for penalties im10 posed under this section, unless the registered owner can 

11 show that the vehicle was used without the registered own12 er’s express or implied permission. 

13 (d) PENALTIES.—Failure to pay a required recre14 ation fee shall be punishable as a Class B misdemeanor. 

15 (e) THEFT OF FEES.—

16 (1) IN GENERAL.—It is unlawful to break into 

17 forcibly, to attempt to break into forcibly, or to tam18 per with any device used to collect or store recre19 ation fees, or any structure used in whole or in part 

20 to collect or store fees, with intent to commit lar21 ceny. 

22 (2) PENALTIES.—Any violation under para23 graph (1) involving a loss to the United States of 

24 less than $1,000 shall be punishable as a Class B 

25 misdemeanor. Any violation under paragraph (1) in-
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1 volving a loss to the United States of $1,000 or 

2 more, but less than $5,000, shall be punishable as 

3 a Class A misdemeanor. Any violation under para4 graph (1) involving a loss to the United States of 

5 $5,000 or more shall be punishable as a Class D fel6 ony. 

7 SEC. 16. REPEAL OF SUPERSEDED ADMISSION AND USE 

8 FEE AUTHORITIES. 

9 (a) LAND AND WATER CONSERVATION FUND ACT.—

10 Section 4 of the Land and Water Conservation Fund Act 

11 of 1965 (16 U.S.C. 460l–6a) is repealed, except that the 

12 Secretary concerned may continue to issue Golden Eagle 

13 Passports, Golden Age Passports, and Golden Access 

14 Passports under such section until the date the notice re15 quired by section 9(a)(3) is published in the Federal Reg16 ister regarding the establishment of the National Parks 

17 and Federal Recreational Lands Pass. 

18 (b) RECREATIONAL FEE DEMONSTRATION PRO19 GRAM.—Section 315 of the Department of the Interior 

20 and Related Agencies Appropriations Act, 1996 (as con21 tained in section 101(c) of Public Law 104–134; 16 

22 U.S.C. 460l–6a), is repealed. 

23 (c) ADMISSION PERMITS FOR REFUGE UNITS.—Sec24 tion 201 of the Emergency Wetlands Resources Act of 

25 1986 (16 U.S.C. 3911) is repealed. 
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1 (d) NATIONAL PARK PASSPORT, GOLDEN EAGLE

2 PASSPORT, GOLDEN AGE PASSPORT, AND GOLDEN AC3 CESS PASSPORT.—Effective on the date the notice re4 quired by section 9(a)(3) is published in the Federal Reg5 ister, the following provisions of law authorizing the estab6 lishment of a national park passport program or the estab7 lishment and sale of a national park passport, Golden 

8 Eagle Passport, Golden Age Passport, or Golden Access 

9 Passport are repealed: 

10 (1) Section 502 of the National Parks Omnibus 

11 Management Act of 1998 (Public Law 105–391; 16 

12 U.S.C. 5982). 

13 (2) Title VI of the National Parks Omnibus 

14 Management Act of 1998 (Public Law 105–391; 16 

15 U.S.C. 5991–5995). 

16 (e) EFFECT ON EXISTING PASSPORTS AND PER17 MITS.—

18 (1) EXISTING PASSPORTS.—A passport issued 

19 under section 4 of the Land and Water Conservation 

20 Fund Act of 1965 (16 U.S.C. 460l–6a) or title VI 

21 of the National Parks Omnibus Management Act of 

22 1998 (Public Law 105–391; 16 U.S.C. 5991–5995) 

23 that was valid on the day before the publication of 

24 the Federal Register notice required under section 

25 9(a)(3) shall be valid in accordance with the terms 
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1 agreed to at the time of issuance of the passport, to 

2 the extent practicable, and remain in effect until ex3 pired, lost, or stolen. 

4 (2) PERMITS.—A permit issued under section 4 

5 of the Land and Water Conservation Fund Act of 

6 1965 that was valid on the day before the date of 

7 the enactment of this Act shall be valid and remain 

8 in effect until expired, revoked, or suspended. 

9 (f) TREATMENT OF UNOBLIGATED FUNDS.—

10 (1) LAND AND WATER CONSERVATION FUND

11 SPECIAL ACCOUNTS.—Amounts in the special ac12 counts established under section 4(i)(1) of the Land 

13 and Water Conservation Fund Act of 1965 (16 

14 U.S.C. 460l–6a(i)(1)) for Federal land management 

15 agencies that are unobligated on the date of the en16 actment of this Act shall be transferred to the ap17 propriate special account established under section 

18 13 and shall be available to the Secretary concerned 

19 in accordance with this Act. A special account estab20 lished under section 4(i)(1) of the Land and Water 

21 Conservation Fund Act of 1965 for a Federal agen22 cy that is not a Federal land management area, and 

23 the use of such special account, is not affected by 

24 the repeal of section 4 of the Land and Water Con25 servation Fund Act of 1965 by subsection (a). 
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1 (2) NATIONAL PARKS PASSPORT.—Any funds 

2 collected under title VI of the National Parks Omni3 bus Management Act of 1998 (Public Law 105–391; 

4 16 U.S.C. 5991–5995) that are unobligated on the 

5 day before the publication of the Federal Register 

6 notice required under section 9(a)(3) shall be trans7 ferred to the special account of the National Park 

8 Service for use in accordance with this Act. The Sec9 retary of the Interior may use amounts available in 

10 that special account to pay any outstanding adminis11 tration, marketing, or close-out costs associated with 

12 the national parks passport. 

13 (3) RECREATIONAL FEE DEMONSTRATION PRO14 GRAM.—Any funds collected in accordance with sec15 tion 315 of the Department of the Interior and Re16 lated Agencies Appropriations Act, 1996 (as con17 tained in section 101(c) of Public Law 104–134; 16 

18 U.S.C. 460l–6a), that are unobligated on the day be19 fore the date of the enactment of this Act shall be 

20 transferred to the appropriate special account and 

21 shall be available to the Secretary concerned in ac22 cordance with this Act. 

23 (4) ADMISSION PERMITS FOR REFUGE UNITS.—

24 Any funds collected in accordance with section 201 

25 of the Emergency Wetlands Resources Act of 1986 
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1 (16 U.S.C. 3911) that are available as provided in 

2 subsection (c)(A) of such section and are unobli3 gated on the day before the date of the enactment 

4 of this Act shall be transferred to the special ac5 count of the United States Fish and Wildlife Service 

6 for use in accordance with this Act. 

7 (g) EFFECT OF REGULATIONS.—A regulation or pol8 icy issued under a provision of law repealed by this section 

9 shall remain in effect to the extent such a regulation or 

10 policy is consistent with the provisions of this Act until 

11 the Secretary concerned issues a regulation, guideline, or 

12 policy under this Act that supersedes the earlier regula13 tion. 

14 SEC. 17. RELATION TO OTHER LAWS AND FEE COLLECTION 

15 AUTHORITIES. 

16 (a) FEDERAL AND STATE LAWS UNAFFECTED.—

17 Nothing in this Act shall authorize Federal hunting or 

18 fishing licenses or fees or charges for commercial or other 

19 activities not related to recreation, affect any rights or au20 thority of the States with respect to fish and wildlife, or 

21 repeal or modify any provision of law that permits States 

22 or political subdivisions of States to share in the revenues 

23 from Federal lands or, except as provided in section 16, 

24 any provision of law that provides that any fees or charges 

25 collected at particular Federal areas be used for or cred-
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1 ited to specific purposes or special funds as authorized by 

2 that provision of law. 

3 (b) RELATION TO REVENUE ALLOCATION LAWS.—

4 Amounts collected under this Act may not be taken into 

5 account for the purposes of any of the following laws: 

6 (1) The sixth paragraph under the heading 

7 ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 

8 (16 U.S.C. 500). 

9 (2) Section 13 of the Act of March 1, 1911 (16 

10 U.S.C. 500; commonly known as the Weeks Act). 

11 (3) The fourteenth paragraph under the head12 ing ‘‘FOREST SERVICE’’ in the Act of March 4, 

13 1913 (16 U.S.C. 501). 

14 (4) Section 33 of the Bankhead-Jones Farm 

15 Tenant Act (7 U.S.C. 1012). 

16 (5) Title II of the Act of August 8, 1937, and 

17 the Act of May 24, 1939 (43 U.S.C. 1181f et seq.). 

18 (6) Section 6 of the Act of June 14, 1926 (43 

19 U.S.C. 869–4). 

20 (7) Chapter 69 of title 31, United States Code. 

21 (8) Section 401 of the Act of June 15, 1935 

22 (16 U.S.C. 715s; commonly known as the Refuge 

23 Revenue Sharing Act). 
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1 (9) The Secure Rural Schools and Community 

2 Self-Determination Act of 2000 (Public Law 106–

3 393; 16 U.S.C. 500 note). 

4 (10) Section 2 of the Boulder Canyon Project 

5 Adjustment Act (43 U.S.C. 618a). 

6 (11) The Federal Water Project Recreation Act 

7 (16 U.S.C. 460l–12 et seq.). 

8 (12) The first section of the Act of June 17, 

9 1902, as amended or supplemented (43 U.S.C. 391). 

10 (13) The Act of February 25, 1920 (30 U.S.C. 

11 181 et seq.; commonly known as the Mineral Leas12 ing Act). 

13 (14) Section 4(e) of the Southern Nevada Pub14 lic Land Management Act of 1998 (Public Law 

15 105–263; 31 U.S.C. 6901 note). 

16 (15) Section 5(a) of the Lincoln County Land 

17 Act of 2000 (Public Law 106–298; 114 Stat. 1047). 

18 (16) Any other provision of law relating to rev19 enue allocation. 

20 (c) CONSIDERATION OF OTHER FUNDS COL21 LECTED.—Amounts collected under any other law may not 

22 be disbursed under this Act. 

23 (d) SOLE RECREATION FEE AUTHORITY.—Recre24 ation fees charged under this Act shall be in lieu of fees 
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1 charged for the same purposes under any other provision 

2 of law. 

3 (e) FEES CHARGED BY THIRD PARTIES.—Notwith4 standing any other provision of this Act, a third party may 

5 charge a fee for providing a good or service to a visitor 

6 of a unit or area of the Federal land management agencies 

7 in accordance with any other applicable law or regulation. 

8 (f) MIGRATORY BIRD HUNTING STAMP ACT.—Reve9 nues from the stamp established under the Act of March 

10 16, 1934 (16 U.S.C. 718 et seq.; commonly known as the 

11 Migratory Bird Hunting Stamp Act or Duck Stamp Act 

12 ), shall not be covered by this Act.

Æ