I 

Calendar No. 537 

113TH CONGRESS 

2D SESSION H. R. 5204 

[Report No. 113–706, Part I] 

To amend the Federal Lands Recreation Enhancement Act to improve recreation opportunities and increase consistency and accountability in the 

collection and expenditure of recreation fees collected on public lands 

and forests, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2014 

Mr. BISHOP of Utah introduced the following bill; which was referred to the 

Committee on Natural 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 

DECEMBER 22, 2014 

Reported from the Committee on Natural Resources 

DECEMBER 22, 2014 

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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A BILL 

To amend the Federal Lands Recreation Enhancement Act 

to improve recreation opportunities and increase consistency and accountability in the collection and expenditure 

of recreation fees collected on public lands and forests, 

and for other purposes. 


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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. 

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

5 ‘‘Federal Lands Recreation Enhancement Modernization 

6 Act of 2014’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. References to Federal Lands Recreation Enhancement Act. 

Sec. 3. Definitions. 

Sec. 4. Recreation fee authority. 

Sec. 5. Public participation. 

Sec. 6. Recreation passes. 

Sec. 7. Special account. 

Sec. 8. Expenditures. 

Sec. 9. Reporting requirements. 

Sec. 10. Sunset provision. 

Sec. 11. Volunteers. 

Sec. 12. Enforcement. 

Sec. 13. Repeal of superseded admission and use fees. 

Sec. 14. Relationship to other laws. 

9 SEC. 2. REFERENCES TO FEDERAL LANDS RECREATION EN10 HANCEMENT ACT. 

11 Except as otherwise specifically provided, whenever in 

12 this Act an amendment or repeal is expressed in terms 

13 of an amendment to, or repeal of, a provision, the ref14 erence shall be considered to be made to a provision of 

15 the Federal Lands Recreation Enhancement Act (title 

16 VIII of division J of Public Law 108–447; 16 U.S.C. 6801 

17 et seq.). 


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1 SEC. 3. DEFINITIONS. 

2 (a) NEW FEE NAMES.—Paragraphs (1) and (2) of 

3 section 802 (16 U.S.C. 6801) are amended to read as fol4 lows: 

5 ‘‘(1) DAY USE FEE.—The term ‘day use fee’ 

6 means the recreation fee authorized by section 

7 803(f). 

8 ‘‘(2) AMENITY FEE.—The term ‘amenity fee’ 

9 means the recreation fee authorized by section 

10 803(g).’’. 

11 (b) FEDERAL LAND MANAGEMENT AGENCY.—Sec12 tion 802(4) (16 U.S.C. 6801(4)) is amended by inserting 

13 ‘‘or ‘agency’ ’’ before ‘‘means the National’’. 

14 (c) RECREATION FEE.—Section 802(8) (16 U.S.C. 

15 6801(8)) is amended by striking ‘‘standard amenity recre16 ation fee, expanded amenity recreation fee’’ and inserting 

17 ‘‘day use fee, amenity fee’’. 

18 (d) NEW DEFINITIONS.—Section 802 (16 U.S.C. 

19 6801) is further amended— 

20 (1) by redesignating paragraphs (10) through 

21 (13) as paragraphs (11) through (14), respectively; 

22 (2) by inserting after paragraph (9) the fol23 lowing new paragraph: 

24 ‘‘(10) RECREATION SERVICE PROVIDER.—The 

25 term ‘recreation service provider’ means any entity 

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1 reational lands and waters for which the provider 

2 charges a fee for the service.’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(15) UNIT.—The term ‘unit’ means an indi6 vidual unit of the National Park System, National 

7 Forest System, National Wildlife Refuge System, or 

8 similar area.’’. 

9 (e) TECHNICAL CORRECTIONS.—Section 802 (16 

10 U.S.C. 6801) is further amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘this Act’’ and inserting ‘‘this title’’; 

13 (2) in paragraph (6), by striking ‘‘section 5’’ 

14 and inserting ‘‘section 805’’; 

15 (3) in paragraph (9), by striking ‘‘section 5’’ 

16 and inserting ‘‘section 805’’; 

17 (4) in paragraph (13), as redesignated by sub18 section (d)(1), by striking ‘‘section 7’’ and inserting 

19 ‘‘section 807’’; and 

20 (5) in paragraph (14), as redesignated by sub21 section (d)(1), by striking ‘‘section 3(h)’’ and insert22 ing ‘‘section 803(h)’’. 

23 SEC. 4. RECREATION FEE AUTHORITY. 

24 (a) SOLE AUTHORITY.—Section 803(a) (16 U.S.C. 

25 6802(a)) is amended by inserting ‘‘only’’ after ‘‘waters’’. 


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1 (b) FEE BASIS.—Section 803(b) (16 U.S.C. 6802(b)) 

2 is amended by striking paragraphs (5) and (6) and insert3 ing the following new paragraph: 

4 ‘‘(5) The Secretary shall consider access to 

5 recreation opportunities.’’. 

6 (c) LIMITATIONS.—Section 803(d) (16 U.S.C. 

7 6802(d)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘standard amenity recreation 

11 fee or expanded amenity recreation fee’’ and in12 serting ‘‘day use fee or amenity fee’’; 

13 (B) by striking subparagraphs (A) through 

14 (F) and inserting the following new subpara15 graph: 

16 ‘‘(A) For any site, area, or activity, except 

17 as specifically authorized under this section.’’; 

18 and 

19 (C) by redesignating subparagraphs (G) 

20 through (K) as subparagraphs (B) through (F), 

21 respectively; and 

22 (2) in paragraph (3)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘standard amenity recreation 

25 fee’’ and inserting ‘‘day use fee’’; and 


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1 (B) in subparagraph (B), by striking ‘‘edu2 cational purposes by schools or bona fide aca3 demic institutions’’ and inserting ‘‘, non-rec4 reational educational purposes by schools or 

5 bona fide academic institutions when the stu6 dents are pursuing academic credit and the Sec7 retary has provided prior approval for a fee 

8 waiver’’. 

9 (d) ENTRANCE FEES.—Section 803(e) (16 U.S.C. 

10 6802(e)) is amended— 

11 (1) by redesignating paragraph (2) as para12 graph (4); and 

13 (2) by inserting after paragraph (1) the fol14 lowing new paragraphs: 

15 ‘‘(2) POLICIES.—The Secretary shall— 

16 ‘‘(A) treat a motorcycle or snowmobile, 

17 when used as transportation to enter a unit, as 

18 a motor vehicle for the purposes of collecting 

19 entrance fees and shall charge a consistent per 

20 vehicle rate; and 

21 ‘‘(B) determine, by agency, a nationally 

22 consistent entrance fee policy and cor23 responding rate structure, including a schedule 

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1 commercial recreational tours or groups, and 

2 commercial air tours. 

3 ‘‘(3) TRANSPORTATION SERVICES.—At a unit of 

4 the National Park System where the Secretary pro5 vides a transportation service, either as a Govern6 ment service or through agreement or contract, the 

7 Secretary may charge transportation users a trans8 portation fee alone (consistent with section 501 of 

9 the National Park Omnibus Management Act of 

10 1998 (16 U.S.C. 5981) and other authorities) or in 

11 combination with an entrance fee. However, the 

12 transportation fee or combined transportation and 

13 entrance fee may not exceed the entrance fee 

14 charged at other similar units as identified in the 

15 national entrance fee policy under paragraph 

16 (2)(B).’’. 

17 (e) DAY USE FEE.—Subsection (f) of section 803 (16 

18 U.S.C. 6802) is amended to read as follows: 

19 ‘‘(f) DAY USE FEE.— 

20 ‘‘(1) AUTHORIZED SITES FOR DAY USE FEES.— 

21 The Secretary may charge a day use fee for Federal 

22 recreational lands and waters under the jurisdiction 

23 of the Bureau of Land Management, the Bureau of 

24 Reclamation, or the Forest Service at the following: 

25 ‘‘(A) A National Conservation Area. 


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1 ‘‘(B) A National Volcanic Monument. 

2 ‘‘(C) A destination visitor or interpretive 

3 center that provides a broad range of interpre4 tative services, programs and media. 

5 ‘‘(D) Sites of concentrated public use that 

6 are managed primarily for outdoor recreation 

7 purposes where there has been a substantial 

8 Federal investment in facilities and services 

9 that are necessary to accommodate heavy public 

10 use, public access to the site is provided in such 

11 a manner that fees can be effectively collected 

12 at one or more centralized locations, the site 

13 has regularly serviced and well maintained toilet 

14 facilities and contains at least four of the fol15 lowing: 

16 ‘‘(i) Designated developed parking. 

17 ‘‘(ii) Trash collection. 

18 ‘‘(iii) Permanent interpretative mate19 rials. 

20 ‘‘(iv) Picnic tables. 

21 ‘‘(v) Routine presence of agency per22 sonnel. 

23 ‘‘(2) SINGLE FEE FOR MULTIPLE SITES.—If 

24 there are two or more sites of concentrated public 

25 use located within one-half mile of each other, the 


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1 Secretary may charge a single day use fee for the 

2 sites and the area between the sites. 

3 ‘‘(3) POLICY.—The Secretary shall determine, 

4 by agency, a nationally consistent day use fee policy 

5 and rate structure. 

6 ‘‘(4) INITIAL IMPLEMENTATION.— 

7 ‘‘(A) INITIAL LIST OF FEE SITES.—No 

8 later than 180 days after the date of the enact9 ment of the Federal Lands Recreation En10 hancement Modernization Act of 2014, the Sec11 retary shall— 

12 ‘‘(i) publish in the Federal Register 

13 and on the agency’s website a list of all 

14 sites for which day use fees are proposed 

15 to be collected; and 

16 ‘‘(ii) provide a 60-day public comment 

17 period regarding such list. 

18 ‘‘(B) FINAL LIST OF FEE SITES.—No later 

19 than 120 days after the close of the public com20 ment period required by subparagraph (A)(ii), 

21 the Secretary shall publish in the Federal Reg22 ister and on the agency’s website the final list 

23 of sites for which day use fees are to be col24 lected. 


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1 ‘‘(5) TRANSITION.—The Secretary may con2 tinue to collect fees in effect on the date of the en3 actment of Federal Lands Recreation Enhancement 

4 Modernization Act of 2014 for a period not to ex5 ceed 180 days from the date the final list of day use 

6 fee sites is published pursuant to paragraph (4)(B). 

7 However, the Secretary may not increase or impose 

8 new fees using this transition authority.’’. 

9 (f) AMENITY FEE.—Section 803(g) (16 U.S.C. 

10 6802(g)) is amended— 

11 (1) in the subsection heading, by striking ‘‘EX12 PANDED AMENITY RECREATION’’ and inserting 

13 ‘‘AMENITY’’; 

14 (2) by striking paragraph (1); 

15 (3) by redesignating paragraph (2) as para16 graph (1) and in such paragraph— 

17 (A) in the matter preceding subparagraph 

18 (A)— 

19 (i) by striking ‘‘expanded amenity 

20 recreation fee, either in addition to a 

21 standard amenity fee’’ and inserting 

22 ‘‘amenity fee, either in addition to a day 

23 use fee or entrance fee’’; and 

24 (ii) by striking ‘‘under the jurisdiction 

25 of the Forest Service, the Bureau of Land 


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1 Management, or the Bureau of Reclama2 tion, but only’’; 

3 (B) in subparagraph (A)— 

4 (i) by striking ‘‘Tent’’ and inserting 

5 ‘‘Developed tent’’; and 

6 (ii) by striking clauses (vii) through 

7 (ix) and inserting the following new 

8 clauses: 

9 ‘‘(vii) Trash collection. 

10 ‘‘(viii) Regularly serviced and well 

11 maintained toilet facilities.’’; 

12 (C) in subparagraph (E), by inserting be13 fore the period the following: ‘‘when the user 

14 has not paid an amenity fee under subpara15 graph (A) the prior night’’; 

16 (D) by striking subparagraph (F) and in17 serting the following new subparagraph: 

18 ‘‘(F) Highly specialized interpretative pro19 grams; guided walks, talks, and tours of sub20 stantial length; programs that require special21 ized equipment; specialized non-public pro22 grams; and other interpretative services for 

23 which the Secretary incurs significant costs. 

24 However, before the Secretary may charge a fee 

25 for interpretative programs, the Secretary shall 


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1 identify basic interpretative programs and serv2 ices, including tours required to provide basic 

3 visitor access to a primary resource in a unit, 

4 that will be provided free of charge.’’; 

5 (E) in subparagraph (H), by inserting be6 fore the period the following: ‘‘subject to sub7 section (e)(3)’’; and 

8 (F) in subparagraph (J)— 

9 (i) in the matter preceding clause (i), 

10 by inserting ‘‘or hot spring’’ after ‘‘swim11 ming sites’’; 

12 (ii) in clause (i), by striking ‘‘flush 

13 toilets’’ and inserting ‘‘regularly serviced 

14 and well maintained toilets’’; 

15 (iii) in clause (ii), by striking ‘‘Refuse 

16 containers’’ and inserting ‘‘Trash collec17 tion’’; and 

18 (iv) in clause (v), by inserting ‘‘or 

19 swimming instructors’’ after ‘‘lifeguards’’; 

20 and 

21 (4) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) NATIONAL PARK SERVICE AND UNITED

24 STATES FISH AND WILDLIFE SERVICE ADDITIONAL

25 AUTHORITY.—Except as limited by subsection (d), 


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1 the Secretary may charge an additional amenity fee 

2 at Federal recreational lands and waters under the 

3 jurisdiction of the National Park Service and the 

4 United States Fish and Wildlife Service when the 

5 Secretary determines that the visitor uses a specific 

6 or specialized facility, equipment, or service not oth7 erwise included under paragraph (1).’’. 

8 (g) SPECIAL RECREATION PERMIT AND FEE.—Sub9 section (h) of section 803 (16 U.S.C. 6802) is amended 

10 to read as follows: 

11 ‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 

12 ‘‘(1) IN GENERAL.—The Secretary may— 

13 ‘‘(A) issue a special recreation permit for 

14 Federal recreational lands and waters; and 

15 ‘‘(B) charge a special recreation permit fee 

16 in connection with the issuance of the permit. 

17 ‘‘(2) SPECIAL RECREATION PERMITS.—The 

18 Secretary may issue special recreation permits in the 

19 following circumstances: 

20 ‘‘(A) For specialized individual and group 

21 use of Federal facilities and Federal rec22 reational lands and waters, such as, but not 

23 limited to, use of special areas or areas where 

24 use is allocated, motorized recreational vehicle 

25 use, and group activities or events. 


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1 ‘‘(B) To recreation service providers who 

2 conduct outfitting, guiding, and other recre3 ation services on Federal recreational lands and 

4 waters managed by the Forest Service, Bureau 

5 of Land Management, Bureau of Reclamation, 

6 and the United States Fish and Wildlife Serv7 ice. 

8 ‘‘(C) To recreation service providers who 

9 conduct recreation or competitive events, which 

10 may involve incidental sales on Federal rec11 reational lands and waters managed by the For12 est Service, Bureau of Land Management, Bu13 reau of Reclamation, and the United States 

14 Fish and Wildlife Service. 

15 ‘‘(3) REDUCTION IN FEDERAL COSTS.—To re16 duce Federal costs in administering this subsection, 

17 the issuance of a new special recreation permit for 

18 activities under paragraph (2)(B) that have been 

19 considered under previous analysis or that are simi20 lar to existing uses or are not inconsistent with ap21 proved uses and will not substantially increase the 

22 use of an area shall not constitute a major Federal 

23 action for the purposes of the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(4) SINGLE PERMITS.—The Secretary may 

2 issue a single permit, administered by one agency 

3 (including the National Park Service), to authorize 

4 a recreation service provider to provide services or 

5 for an event on lands managed by multiple agencies. 

6 The authorized official in the agency issuing the per7 mit under this authority must have a delegation of 

8 authority for the administration of the permit from 

9 the other relevant agencies and must comply with 

10 the applicable laws of each relevant agency. Nothing 

11 in this subsection shall alter, expand, or limit the 

12 applicability of any public law or regulation to lands 

13 administered by the participating agencies. 

14 ‘‘(5) GUIDELINES AND PERMIT FEE CALCULA15 TION.— 

16 ‘‘(A) GUIDELINES AND EXCLUSION OF

17 CERTAIN REVENUES.—The Secretary shall pub18 lish guidelines in the Federal Register for how 

19 recreation permit fees shall be established that 

20 will provide appropriate deductions for revenue 

21 from goods, services, or activities provided by 

22 the recreation service provider outside Federal 

23 recreational lands and waters and a deduction 

24 for fees to paid for other Federal lands if sepa25 rate permits are issued for a single event. 


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1 ‘‘(B) REVENUE EXCLUSIONS.—Revenue 

2 exclusions under subparagraph (A) shall in3 clude, but not be limited to, revenue from goods 

4 or services provided by the recreation service 

5 provider outside the Federal recreational lands 

6 and waters, such as— 

7 ‘‘(i) costs for transportation, lodging, 

8 and other services before or after a trip be9 gins; 

10 ‘‘(ii) deductions for activities outside 

11 public lands or on other Federal lands if 

12 separate permits are issued. 

13 ‘‘(C) FEE CONDITIONS.—The fee charged 

14 by the Secretary for a permit issued under 

15 paragraph (2)(B) shall not exceed 3 percent of 

16 the recreational service provider’s annual gross 

17 revenue for activities authorized by the permit, 

18 plus applicable revenue additions, minus appli19 cable revenue exclusions or a similar flat per 

20 person fee. The fee charged by the Secretary 

21 for a permit issued under paragraph (2)(C) 

22 shall include appropriate reductions and addi23 tions based on the direct costs incurred by the 

24 Secretary for management of the event. 


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1 ‘‘(6) BUREAU OF LAND MANAGEMENT.—The 

2 Secretary may issue a recreation concession permit 

3 to authorize a third party to provide facilities and 

4 services to visitors on Federal recreational lands and 

5 waters managed by the Bureau of Land Manage6 ment in support of outdoor recreational opportuni7 ties in accordance with the applicable land use plan. 

8 Any such permit shall provide for monetary com9 pensation to the Federal Government for the rights 

10 and privileges provided, with collected funds depos11 ited in the accounts established under section 807 of 

12 this Act, to be available without further appropria13 tion and to remain available until expended. Facili14 ties and services provided under existing recreation 

15 concessions and recreation lease agreements on Bu16 reau of Land Management managed public lands 

17 may continue pursuant to the terms and conditions 

18 of each agreement. 

19 ‘‘(7) STEWARDSHIP PROGRAM.— 

20 ‘‘(A) ESTABLISHMENT.—Within 18 

21 months after the date of the enactment of the 

22 Federal Lands Recreation Enhancement Mod23 ernization Act of 2014, the Secretary shall es24 tablish, at no fewer than 20 sites located on 

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1 tered by the Forest Service and the Bureau of 

2 Land Management, a stewardship program for 

3 recreation service providers involving credit 

4 against a required special recreation permit fee 

5 in exchange for otherwise unreimbursed mainte6 nance and resource protection work performed 

7 with the permission of the relevant Federal 

8 agency. 

9 ‘‘(B) ELIGIBILITY.—Under the steward10 ship program required by this paragraph, a 

11 recreation service provider shall submit to the 

12 Secretary— 

13 ‘‘(i) the provider’s qualifications to 

14 adequately and safely perform the pro15 posed maintenance and resource protection 

16 work; 

17 ‘‘(ii) an itemized accounting of labor 

18 and material costs associated with such 

19 maintenance and resource protection work; 

20 ‘‘(iii) a commitment to share the costs 

21 of the proposed maintenance and resource 

22 protection work; and 

23 ‘‘(iv) permission from the relevant 

24 Federal agency to perform the proposed 

25 maintenance and resource protection work. 


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1 ‘‘(C) REVIEW AND APPROVAL.—The Sec2 retary shall review promptly a proposal sub3 mitted to participate in the stewardship pro4 gram and approve any such submission that the 

5 Secretary finds adequately meets the eligibility 

6 criteria specified in subparagraph (B). 

7 ‘‘(D) REPORT.—Not later than three years 

8 after the date of the enactment of the Federal 

9 Lands Recreation Enhancement Modernization 

10 Act of 2014, the Secretary shall submit to the 

11 Committee on Natural Resources of the House 

12 of Representatives and the Committee on En13 ergy and Natural Resources of the Senate a 

14 status report on the stewardship program, in15 cluding the number of participating sites, total 

16 amount of the credits granted, and suggestions 

17 for revising the program. 

18 ‘‘(8) DISCLOSURE OF FEES.—A holder of a spe19 cial recreation permit may inform its customers of 

20 the various fees charged by the Secretary under this 

21 title.’’. 

22 (h) ADDITIONAL PROVISIONS.—Section 803 (16 

23 U.S.C. 6802) is further amended by adding at the end 

24 the following new subsections: 


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1 ‘‘(i) NOTICE OF RECREATIONAL FEES AND RECRE2 ATION PASSES.—The Secretary shall post clear notice of 

3 any fee and available recreation passes at appropriate lo4 cations at each site of Federal recreational lands and 

5 waters for which any fee is charged. The Secretary shall 

6 include such notice in publications distributed at the unit 

7 and on agency websites. 

8 ‘‘(j) USE OF TECHNOLOGY.—To the extent prac9 ticable, the Secretary shall use technology and automation 

10 to increase accountability, efficiency, and the convenience 

11 of paying recreation fees. 

12 ‘‘(k) VISITOR CENTERS.— 

13 ‘‘(1) IN GENERAL.—Subject to valid existing 

14 rights, the Secretary shall not enter into agreements 

15 for the operation of a visitor center with private for16 profit or non-profit organizations that intend to 

17 charge a fee for visitors to access a visitor center or 

18 a basic visitor center exhibit. 

19 ‘‘(2) EXCEPTIONS.—Nothing in paragraph (1) 

20 prohibits the Secretary from— 

21 ‘‘(A) charging a recreation fee at a visitor 

22 or interpretative center as otherwise provided 

23 for in this title; or 


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1 ‘‘(B) entering into a fee management 

2 agreement for the collection of the recreation 

3 fee. 

4 ‘‘(l) CONGRESSIONAL APPROVAL OF CERTAIN NEW

5 OR INCREASED FEES.— 

6 ‘‘(1) SUBMISSION OF LIST OF EXISTING

7 FEES.—Within six months after the date of the en8 actment of the Federal Lands Recreation Enhance9 ment Modernization Act of 2014, the Secretary 

10 shall— 

11 ‘‘(A) compile a comprehensive list of all 

12 fees (except special recreation permit fees) 

13 charged at Federal recreational lands and 

14 waters by Federal land management agencies 

15 as of the date of the enactment of the Federal 

16 Lands Recreation Enhancement Modernization 

17 Act of 2014; and 

18 ‘‘(B) submit this list to the Committee on 

19 Natural Resources and the Committee on Agri20 culture of the House of Representatives and the 

21 Committee on Energy and Natural Resources of 

22 the Senate. 

23 ‘‘(2) PROHIBITION ON NEW FEES OR FEE IN24 CREASES.—Except as provided in paragraphs (3), 

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1 pose any new entrance fees, day use fees, or amenity 

2 fees. 

3 ‘‘(3) SUBMISSION OF PROPOSED FEE SCHED4 ULE.—By June 1 of each year, the Secretaries shall 

5 propose a single schedule of any new or increased 

6 entrance fees, day use fees, or amenity fees and 

7 transmit this schedule to the Committee on Natural 

8 Resources and the Committee on Agriculture of the 

9 House of Representatives and the Committee on En10 ergy and Natural Resources of the Senate. 

11 ‘‘(4) CONGRESSIONAL APPROVAL REQUIRED.— 

12 No new or increased entrance fee, day use fee, or 

13 amenity fee may be imposed unless approved by Act 

14 of Congress. 

15 ‘‘(5) EMERGENCY SITUATIONS.—If the Secre16 taries determine that recreational opportunities on 

17 Federal recreational lands and waters would be se18 verely curtailed or that an emergency affecting 

19 human health or unforeseen events exists, the Secre20 taries may transmit proposed selective new or in21 creased entrance fees, day use fees, or amenity fees 

22 to the Committee on Natural Resources and the 

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1 ural Resources of the Senate for approval by Act of 

2 Congress. 

3 ‘‘(m) GRANDFATHERING EXISTING PERMITS.—Any 

4 special recreation permit issued under this title before the 

5 date of the enactment of the Federal Lands Recreation 

6 Enhancement Modernization Act of 2014 shall continue— 

7 ‘‘(1) to be managed pursuant to this section, as 

8 in effect on the day before the date of the enactment 

9 of the Federal Lands Recreation Enhancement Mod10 ernization Act of 2014; and 

11 ‘‘(2) to be valid and remain in effect, under its 

12 terms and notwithstanding section 810, until the 

13 permit expires, is revoked, or is suspended according 

14 to the terms of the permit. 

15 ‘‘(n) DISCOUNTED OR FREE ADMISSION DAYS OR

16 USE.—The Secretary may provide free admission or use 

17 days of Federal recreational lands and waters. The Sec18 retary shall not establish any additional discounts except 

19 as provided in this title or by another provision of law.’’. 

20 (i) TECHNICAL CORRECTIONS.—Section 803(d) (16 

21 U.S.C. 6802(d)) is further amended— 

22 (1) in paragraph (1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘this Act’’ and inserting ‘‘this 

25 title’’; and 


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1 (B) in subparagraph (B), as redesignated 

2 by subsection (c)(1)(C), by striking ‘‘part of the 

3 Federal-aid System’’ and inserting ‘‘Federal-aid 

4 highway’’; and 

5 (2) in paragraph (4), by striking ‘‘this Act’’ and 

6 inserting ‘‘this title’’. 

7 SEC. 5. PUBLIC PARTICIPATION. 

8 Section 804 (16 U.S.C. 6803) is amended— 

9 (1) in subsection (a), by striking ‘‘this Act’’ and 

10 inserting ‘‘this title’’; and 

11 (2) by striking subsections (b), (c), (d), and (e) 

12 and inserting the following new subsections: 

13 ‘‘(b) ENTRANCE FEES, DAY USE FEES, AND AMEN14 ITY FEES.—For entrance fees, day use fees and amenity 

15 fees, the Secretary may— 

16 ‘‘(1) publish notice in the Federal Register of 

17 any unit newly subject to an entrance fee, day use 

18 fee, or amenity fee; 

19 ‘‘(2) publish on the website recreation.gov or 

20 another similar interagency website, in local news21 papers, on agency websites, at proposed and estab22 lished collection points, on social media applications, 

23 and in publications distributed near the site for 

24 which the fee would be collected— 

25 ‘‘(A) any proposed new or increased fee; 


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1 ‘‘(B) the unit and agency proposing the 

2 new or increased fee; 

3 ‘‘(C) the process by which to comment on 

4 the proposed new or increased fee; and 

5 ‘‘(D) subject to paragraph (3), when the 

6 opportunity for comment closes; 

7 ‘‘(3) allow at least 60 days public comment 

8 after publication of notice under paragraph (2); 

9 ‘‘(4) at least 120 days before the implementa10 tion of the new or increased fee, publish notice of a 

11 decision to implement a new or increased fee in local 

12 newspapers, on the agency websites, at proposed and 

13 established collection points, on social media applica14 tions, and in publications distributed near the site 

15 for which the fee will be collected; and 

16 ‘‘(5) not less frequently than every other year, 

17 solicit public comment for at least 60 days on how 

18 fee revenue should be expended at each unit. 

19 ‘‘(c) SPECIAL RECREATION PERMIT FEES.—For spe20 cial recreation permit fees authorized by section 

21 803(h)(2)(A), the Secretary shall— 

22 ‘‘(1) if the fee is for reoccurring recreational 

23 uses for which standard fee rates can be established, 

24 follow, to the extent practicable and appropriate, the 

25 procedures in subsection (b); and 


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1 ‘‘(2) if the fee is based on recovering the costs 

2 associated with issuing and managing the permit, es3 tablish guidelines for how fees will be established 

4 and publish the guidelines in the Federal Register. 

5 ‘‘(d) NEW CONCESSION OPPORTUNITIES.—The Sec6 retary shall provide an opportunity for public involvement 

7 180 days before a new site or area, including a camp8 ground, is offered as a new concession opportunity on Fed9 eral recreational lands and waters under the jurisdiction 

10 of the Forest Service or Bureau of Land Management by 

11 publishing a notice in the Federal Register and soliciting 

12 comments.’’. 

13 SEC. 6. RECREATION PASSES. 

14 (a) AMERICA THE BEAUTIFUL—THE NATIONAL

15 PARKS AND FEDERAL RECREATIONAL LANDS PASS.— 

16 Section 805(a) (16 U.S.C. 6804(a)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by inserting ‘‘be available to United 

19 States citizens and permanent residents and’’ 

20 before ‘‘cover’’; and 

21 (B) by striking ‘‘standard amenity recre22 ation fee’’ and inserting ‘‘day use fee’’ both 

23 places it appears; 

24 (2) in paragraph (2)— 


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1 (A) by striking ‘‘shall hold an annual’’ and 

2 inserting ‘‘may hold a’’; and 

3 (B) by striking ‘‘for an year.’’ and all that 

4 follows through the end of the following sen5 tence and inserting a period; 

6 (3) in paragraph (5), by adding at the end the 

7 following new sentence: ‘‘The Secretaries shall ad8 just the price of the National Parks and Federal 

9 Recreational Lands Pass once every three years to 

10 reflect the change in the Consumer Price Index for 

11 All Urban Consumers (CPI–U) over the same pe12 riod, rounding figures so as to increase or decrease 

13 the price in even five-dollar increments.’’; 

14 (4) in paragraph (6)(A), by striking ‘‘standard 

15 amenity recreation fee’’ and inserting ‘‘day use fee’’; 

16 (5) in paragraph (9), by adding ‘‘or discount 

17 pass’’ after ‘‘pass’’; and 

18 (6) by adding at the end the following new 

19 paragraph: 

20 ‘‘(10) PASS USE STUDY.—The Secretaries shall 

21 conduct a study to evaluate how, where, and the ex22 tent to which the National Parks and Federal Rec23 reational Lands Pass is used and shall submit to the 

24 Committee on Natural Resources of the House of 

25 Representatives and the Committee on Energy and 


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1 Natural Resources of the Senate a report containing 

2 the results of the study.’’. 

3 (b) DISCOUNTED PASSES.—Section 805(b) (16 

4 U.S.C. 6804(b)) is amended— 

5 (1) in paragraph (2), by inserting ‘‘or is a vet6 eran with a service-connected disability, as defined 

7 in section 101 of title 38, United States Code’’ be8 fore ‘‘, if the citizen or person’’; and 

9 (2) by adding at the end the following new 

10 paragraphs: 

11 ‘‘(3) UNITED STATES ARMED FORCES DIS12 COUNT.—The Secretary may make an annual Na13 tional Parks and Federal Recreational Lands Pass 

14 available without charge to any member of the 

15 United States Army, Navy, Air Force, Marine 

16 Corps, and Coast Guard if such person presents a 

17 Common Access card or similar identification as de18 termined by the Secretary. 

19 ‘‘(4) AMENITY FEE DISCOUNT.—The National 

20 Parks and Federal Recreational Lands Pass made 

21 available under paragraphs (1) and (2) shall include 

22 an amenity fee discount as charged under section 

23 803(g)(1)(A). 


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1 ‘‘(5) PROHIBITION ON OTHER DISCOUNTED

2 PASSES.—The Secretary may not establish any dis3 counted passes, except as provided in this section.’’. 

4 (c) SITE-SPECIFIC AGENCY PASSES.—Section 805(c) 

5 (16 U.S.C. 6804(c)) is amended by striking ‘‘standard 

6 amenity recreation fee’’ and inserting ‘‘day use fee’’. 

7 (d) DISCOUNTED OR FREE ADMISSION DAYS OR

8 USE.—Section 805 (16 U.S.C. 6804) is amended— 

9 (1) by striking subsection (e); and 

10 (2) by redesignating subsection (f) as sub11 section (e). 

12 (e) PASS AND DISCOUNT ACCEPTANCE BY CONCES13 SIONAIRES.—Section 805 (16 U.S.C. 6804) is further 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(f) PASS AND DISCOUNT ACCEPTANCE BY CONCES17 SIONAIRES.— 

18 ‘‘(1) ACCEPTANCE.—Subject to valid existing 

19 rights, and to the extent reimbursement is practical, 

20 the Secretary shall require concessionaires operating 

21 federally owned campgrounds and day use facilities 

22 on Federal recreational lands and waters to accept 

23 a recreational pass issued under this title or section 

24 4 of the Land and Water Conservation Fund Act of 


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1 1965 (16 U.S.C. 460l–6a) for discounted or free 

2 use, as applicable. 

3 ‘‘(2) REIMBURSEMENT.—To the extent prac4 ticable, the Secretary shall reimburse a conces5 sionaire in part or in whole for acceptance under 

6 paragraph (1) of a recreational pass in an amount 

7 not to exceed the total land use or franchise fee due 

8 to the Federal Government.’’. 

9 (f) TECHNICAL CORRECTION.—Section 805(a)(6)(B) 

10 (16 U.S.C. 6804(a)(6)(B)) is amended by striking ‘‘sec11 tion 6’’ and inserting ‘‘section 6805’’. 

12 SEC. 7. SPECIAL ACCOUNT. 

13 (a) DISTRIBUTION OF REVENUES.—Section 

14 807(c)(1) (16 U.S.C. 6806(c)(1)) is amended— 

15 (1) by striking ‘‘or area’’ each place it appears; 

16 (2) in subparagraph (A), by striking ‘‘80 per17 cent’’ and inserting ‘‘90 percent’’; and 

18 (3) in subparagraph (B), by adding at the end 

19 the following new sentence: ‘‘The Secretary shall 

20 provide notice to the Committee on Natural Re21 sources of the House of Representatives and the 

22 Committee on Energy and Natural Resources of the 

23 Senate whenever an allocation is being reduced.’’. 

24 (b) TECHNICAL CORRECTIONS.—Section 807 (16 

25 U.S.C. 6806) is amended— 


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1 (1) in subsection (b), by striking ‘‘this Act’’ and 

2 inserting ‘‘this title’’; 

3 (2) in subsection (d), by striking ‘‘section 

4 5(a)(7)’’ and inserting ‘‘section 6804(a)(7)’’; and 

5 (3) in subsection (e), by striking ‘‘section 5(d)’’ 

6 and inserting ‘‘section 6804(d)’’. 

7 SEC. 8. EXPENDITURES. 

8 (a) USE OF FEES AT SPECIFIC SITE OR AREA.—Sec9 tion 808(a) (16 U.S.C. 6807(a)) is amended— 

10 (1) by redesignating paragraphs (2) and (3) as 

11 paragraphs (4) and (5), respectively; 

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph: 

14 ‘‘(2) shall be used to develop and enhance exist15 ing recreation opportunities; 

16 ‘‘(3) shall directly benefit visitors to Federal 

17 recreational lands and waters;’’; and 

18 (3) in paragraph (5), as redesignated by para19 graph (1)— 

20 (A) in subparagraph (A), by inserting ‘‘vis21 itor’’ before ‘‘health’’; and 

22 (B) by striking subparagraph (E) and in23 serting the following new subparagraph: 


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1 ‘‘(E) capital construction costs associated 

2 with administering the recreation fee program; 

3 and’’. 

4 (b) LIMITATION ON USE OF FEES.—Section 808(b) 

5 (16 U.S.C. 6807(b)) is amended by striking the period at 

6 the end and inserting the following: ‘‘, reducing or limiting 

7 visitor access, to remove or close facilities except when 

8 those facilities are being replaced or updated, and acquisi9 tion of lands and waters.’’. 

10 (c) OVERHEAD, ADMINISTRATIVE, AND COLLECTION

11 COSTS CAP.—Subsection (c) of section 808 (16 U.S.C. 

12 6807) is amended to read as follows: 

13 ‘‘(c) OVERHEAD, ADMINISTRATIVE, AND COLLEC14 TION COSTS CAP.— 

15 ‘‘(1) OVERHEAD AND ADMINISTRATIVE

16 COSTS.—The Secretary may not use more than five 

17 percent of total revenues collected annually under 

18 this title for overhead and administrative costs. 

19 ‘‘(2) COLLECTION COSTS.—The Secretary may 

20 not spend more than 20 percent of total revenues 

21 collected annually under this title for all direct fee 

22 collection costs. 

23 ‘‘(3) USE OF CERTAIN REVENUES.—Revenues 

24 from special recreation permits issued to recreation 


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1 service providers under subparagraphs (B) and (C) 

2 of section 803(h)(1) shall be used— 

3 ‘‘(A) to partially offset the Secretary’s di4 rect cost of administering the permits; and 

5 ‘‘(B) to improve and stream-line the per6 mitting process.’’. 

7 (d) NOTICE OF FEE PROJECTS.—Section 808 (16 

8 U.S.C. 6807) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(e) NOTICE OF FEE PROJECTS.—To the extent 

11 practicable, the Secretary shall post clear notice of loca12 tions where work is performed using recreation fee or 

13 recreation pass revenues collected under this title.’’. 

14 (e) TECHNICAL CORRECTIONS.—Section 808 (16 

15 U.S.C. 6807) is further amended— 

16 (1) in subsection (a)(5)(F), as redesignated by 

17 subsection (a)(1), by striking ‘‘section 6(a)’’ and in18 serting ‘‘section 6805(a)’’; and 

19 (2) in subsection (d)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘this Act’’ and inserting ‘‘this title’’; 

22 (B) in paragraph (1), by striking ‘‘section 

23 5(a)(7)’’ and inserting ‘‘section 6804(a)(7)’’; 

24 and 


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1 (C) in paragraph (2), by striking ‘‘section 

2 5(d)’’ and inserting ‘‘section 6804(d)’’. 

3 SEC. 9. REPORTING REQUIREMENTS. 

4 Section 809 (16 U.S.C. 6808) is amended to read as 

5 follows: 

6 ‘‘SEC. 809. REPORTING REQUIREMENTS. 

7 ‘‘(a) COST ACCOUNTING SYSTEMS.—The Secretaries 

8 shall develop and maintain cost accounting systems nec9 essary to accurately track, manage, and report fee receipts 

10 and expenditures at each unit. The Secretary may extend 

11 fee revenue to acquire and develop such systems as need12 ed, as a direct operating or administration cost allowed 

13 under section 808(c). 

14 ‘‘(b) ANNUAL REPORTING.—No later than May 1, 

15 2016, and annually thereafter, the Secretary shall compile 

16 by each agency, broken down by unit, a separate account17 ing for the preceding fiscal year of— 

18 ‘‘(1) total recreational fee revenue collected by 

19 type; 

20 ‘‘(2) expenditures by project from these ac21 counts; 

22 ‘‘(3) a description of how expenditure benefitted 

23 visitors to the unit; 

24 ‘‘(4) any new fees established; and 

25 ‘‘(5) any changes in existing fees. 


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1 ‘‘(c) SUBMISSION.—No later than June 1 of each 

2 year, the Secretary shall— 

3 ‘‘(1) display all information required under this 

4 section prominently on each agency’s website and on 

5 the website identified in section 804(b)(2); and 

6 ‘‘(2) provide notice of such information to the 

7 Committee on Natural Resources of the House of 

8 Representatives and the Committee on Energy and 

9 Natural Resources of the Senate. 

10 ‘‘(d) AUDITS.—The Secretary shall develop a pro11 gram of regular audits at fee collection units to ensure 

12 accountability of funds collected under this title and all 

13 expenditures under this title.’’. 

14 SEC. 10. SUNSET PROVISION. 

15 Section 810 (16 U.S.C. 6809) is amended— 

16 (1) by striking ‘‘this Act’’ and inserting ‘‘this 

17 title’’; and 

18 (2) by striking ‘‘10 years after the date of the 

19 enactment of this Act’’ and inserting ‘‘on December 

20 31, 2020’’. 

21 SEC. 11. VOLUNTEERS. 

22 (a) WAIVER OR DISCOUNT OF FEES; SITE-SPECIFIC

23 AGENCY PASS.—Section 811(b) (16 U.S.C. 6810(b)) is 

24 amended by striking ‘‘standard amenity recreation fee, or 


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1 an expanded amenity recreation fee’’ and inserting ‘‘day 

2 use fee, or amenity fee’’. 

3 (b) TECHNICAL CORRECTIONS.—Section 811 (16 

4 U.S.C. 6810) is amended— 

5 (1) in subsection (b), by striking ‘‘section 5(c)’’ 

6 and inserting ‘‘section 6804(c)’’; 

7 (2) in subsection (c), by striking ‘‘section 

8 5(a)(7)’’ and inserting ‘‘section 6804(a)(7)’’; and 

9 (3) in subsection (d), by striking ‘‘section 5(d)’’ 

10 and inserting ‘‘section 6804(d)’’. 

11 SEC. 12. ENFORCEMENT. 

12 (a) REQUIRED PAYMENT.—Section 812 (16 U.S.C. 

13 6811) is amended— 

14 (1) by redesignating subsections (b), (c), and 

15 (d) as subsections (c), (d), and (e), respectively; and 

16 (2) by inserting after subsection (a) the fol17 lowing new subsection: 

18 ‘‘(b) REQUIRED PAYMENT.— 

19 ‘‘(1) IN GENERAL.—Any person within a site or 

20 an area for which an entrance fee or day use fee is 

21 charged is required to pay the entrance fee or day 

22 use fee. 

23 ‘‘(2) EXCEPTION.—Paragraph (1) does not 

24 apply to a person who— 


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1 ‘‘(A) is using a valid National Parks and 

2 Federal Recreational Lands Pass; or 

3 ‘‘(B) is a volunteer with a waiver or dis4 count of fees under section 811(b). 

5 ‘‘(3) RECEIPT.—Upon payment of an entrance 

6 fee or day use fee by a person, the Secretary shall 

7 provide for the issuance to the person of a non8 transferable receipt or other form of proof of pay9 ment, valid for entry and reentry into the same site 

10 or area for a period of no less than one day.’’. 

11 (b) TECHNICAL CORRECTIONS.—Section 812 (16 

12 U.S.C. 6811) is further amended— 

13 (1) in subsection (a), by striking ‘‘this Act’’ and 

14 inserting ‘‘this title’’; and 

15 (2) in subsection (e), as redesignated by sub16 section (a)(1), by striking ‘‘this Act’’ and inserting 

17 ‘‘this title’’. 

18 SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE 

19 FEES. 

20 (a) REPEAL OF ADDITIONAL PROVISIONS.—Section 

21 813(a) (16 U.S.C. 6812(a)) is amended by striking ‘‘and 

22 (i) (except for paragraph (1)(C))’’ and inserting ‘‘(i), (l), 

23 (m), and (n) (except for paragraph (5))’’. 


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1 (b) TRANSITION.—Section 813 (16 U.S.C. 6812) is 

2 amended by adding at the end the following new sub3 section: 

4 ‘‘(g) TRANSITION.—The Secretaries may continue to 

5 collect recreational fees in existence on the date of the en6 actment of the Federal Lands Recreation Enhancement 

7 Modernization Act of 2014 for up to 18 months after the 

8 date of the enactment of such Act during which time the 

9 Secretaries shall bring their relevant recreation fee struc10 tures into compliance with the amendments made by such 

11 Act.’’. 

12 (c) TECHNICAL CORRECTIONS.—Section 813 (16 

13 U.S.C. 6812) is further amended— 

14 (1) in subsection (a), by striking ‘‘section 

15 5(a)(3)’’ and inserting ‘‘section 6804(a)(3)’’; 

16 (2) in subsection (d), by striking ‘‘section 

17 5(a)(3)’’ and inserting ‘‘section 6804(a)(3)’’; 

18 (3) in subsection (e)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘this Act’’ both places 

21 it appears and inserting ‘‘this title’’; and 

22 (ii) by striking ‘‘section 7’’ and insert23 ing ‘‘section 6806’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘this Act’’ and insert2 ing ‘‘this title’’; and 

3 (ii) by striking ‘‘section 5(a)(3)’’ and 

4 inserting ‘‘section 6804(a)(3)’’; 

5 (C) in paragraph (3), by striking ‘‘this 

6 Act’’ both places it appears and inserting ‘‘this 

7 title’’; and 

8 (D) in paragraph (4), by striking ‘‘this 

9 Act’’ both places it appears and inserting ‘‘this 

10 title’’; and 

11 (4) in subsection (f), by striking ‘‘this Act’’ 

12 both places it appears and inserting ‘‘this title’’. 

13 SEC. 14. RELATIONSHIP TO OTHER LAWS. 

14 (a) IN GENERAL.—Section 814 (16 U.S.C. 6813) is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(g) PASS ACCEPTANCE BY CONCESSIONAIRES.—A 

18 concession contract or permit for recreation services that 

19 is otherwise within the scope of an exemption from chapter 

20 67 of title 41, United States Code, shall not be outside 

21 the scope of that exemption because the concessionaire or 

22 recreation service provider accepts a recreation pass or 

23 provides a discount under section 803 of this title.’’. 

24 (b) TECHNICAL CORRECTIONS.—Section 814 (16 

25 U.S.C. 6813) is further amended— 


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1 (1) in subsection (a), by striking ‘‘this Act’’ and 

2 inserting ‘‘this title’’; 

3 (2) in subsection (b)— 

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘this Act’’ and insert7 ing ‘‘this title’’; and 

8 (ii) by striking ‘‘section 6(a)’’ and in9 serting ‘‘section 6805(a)’’; and 

10 (B) in paragraph (5), by striking ‘‘August 

11 8, 1937’’ and inserting ‘‘August 28, 1937’’; and 

12 (3) in subsections (c) through (f), by striking 

13 ‘‘this Act’’ each place it appears and inserting ‘‘this 

14 title’’. 


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Calendar No. 537 

113TH CONGRESS 

2D SESSION H. R. 5204 

[Report No. 113–706, Part I] 

A BILL 

To amend the Federal Lands Recreation Enhancepurposes. lected on public lands and forests, and for other lection and expenditure of recreation fees col- increase consistency and accountability in the col- ment Act to improve recreation opportunities and 

DECEMBER 22, 2014 

Reported from the Committee on Natural Resources 

DECEMBER 22, 2014 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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