I 

113TH CONGRESS 

2D SESSION H. R. 5204 

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 

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. 

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’’. 


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

2 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 Repeal of superseded admission and use fees.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. 

3 SEC. 2. REFERENCES TO FEDERAL LANDS RECREATION EN4 HANCEMENT ACT. 

5 Except as otherwise specifically provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a provision, the ref8 erence shall be considered to be made to a provision of 

9 the Federal Lands Recreation Enhancement Act (title 

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

11 et seq.). 

12 SEC. 3. DEFINITIONS. 

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

14 section 802 (16 U.S.C. 6801) are amended to read as fol15 lows: 

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

17 means the recreation fee authorized by section 

18 803(f). 


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

2 means the recreation fee authorized by section 

3 803(g).’’. 

4 (b) FEDERAL LAND MANAGEMENT AGENCY.—Sec5 tion 802(4) (16 U.S.C. 6801(4)) is amended by inserting 

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

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

8 6801(8)) is amended by striking ‘‘standard amenity recre9 ation fee, expanded amenity recreation fee’’ and inserting 

10 ‘‘day use fee, amenity fee’’. 

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

12 6801) is further amended— 

13 (1) by redesignating paragraphs (10) through 

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

15 (2) by inserting after paragraph (9) the fol16 lowing new paragraph: 

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

18 term ‘recreation service provider’ means any entity 

19 that provides any recreation service on Federal rec20 reational lands and waters for which the provider 

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

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

23 paragraph: 

24 ‘‘(15) UNIT.—The term ‘unit’ means an indi25 vidual unit of the National Park System, National 


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1 Forest System, National Wildlife Refuge System, or 

2 similar area.’’. 

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

4 U.S.C. 6801) is further amended— 

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

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

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

8 and inserting ‘‘section 805’’; 

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

10 and inserting ‘‘section 805’’; 

11 (4) in paragraph (13), as redesignated by sub12 section (d)(1), by striking ‘‘section 7’’ and inserting 

13 ‘‘section 807’’; and 

14 (5) in paragraph (14), as redesignated by sub15 section (d)(1), by striking ‘‘section 3(h)’’ and insert16 ing ‘‘section 803(h)’’. 

17 SEC. 4. RECREATION FEE AUTHORITY. 

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

19 6802(a)) is amended by inserting ‘‘only’’ after ‘‘waters’’. 

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

21 is amended by striking paragraphs (5) and (6) and insert22 ing the following new paragraph: 

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

24 recreation opportunities.’’. 


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

2 6802(d)) is amended— 

3 (1) in paragraph (1)— 

4 (A) in the matter preceding subparagraph 

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

6 fee or expanded amenity recreation fee’’ and in7 serting ‘‘day use fee or amenity fee’’; 

8 (B) by striking subparagraphs (A) through 

9 (F) and inserting the following new subpara10 graph: 

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

12 as specifically authorized under this section.’’; 

13 and 

14 (C) by redesignating subparagraphs (G) 

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

16 respectively; and 

17 (2) in paragraph (3)— 

18 (A) in the matter preceding subparagraph 

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

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

21 (B) in subparagraph (B), by striking ‘‘edu22 cational purposes by schools or bona fide aca23 demic institutions’’ and inserting ‘‘, non-rec24 reational educational purposes by schools or 

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1 dents are pursuing academic credit and the Sec2 retary has provided prior approval for a fee 

3 waiver’’. 

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

5 6802(e)) is amended— 

6 (1) by redesignating paragraph (2) as para7 graph (4); and 

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraphs: 

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

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

12 when used as transportation to enter a unit, as 

13 a motor vehicle for the purposes of collecting 

14 entrance fees and shall charge a consistent per 

15 vehicle rate; and 

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

17 consistent entrance fee policy and cor18 responding rate structure, including a schedule 

19 for general visitors, commercial and non20 commercial recreational tours or groups, and 

21 commercial air tours. 

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

23 the National Park System where the Secretary pro24 vides a transportation service, either as a Govern25 ment service or through agreement or contract, the 


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1 Secretary may charge transportation users a trans2 portation fee alone (consistent with section 501 of 

3 the National Park Omnibus Management Act of 

4 1998 (16 U.S.C. 5981) and other authorities) or in 

5 combination with an entrance fee. However, the 

6 transportation fee or combined transportation and 

7 entrance fee may not exceed the entrance fee 

8 charged at other similar units as identified in the 

9 national entrance fee policy under paragraph 

10 (2)(B).’’. 

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

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

13 ‘‘(f) DAY USE FEE.— 

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

15 The Secretary may charge a day use fee for Federal 

16 recreational lands and waters under the jurisdiction 

17 of the Bureau of Land Management, the Bureau of 

18 Reclamation, or the Forest Service at the following: 

19 ‘‘(A) A National Conservation Area. 

20 ‘‘(B) A National Volcanic Monument. 

21 ‘‘(C) A destination visitor or interpretive 

22 center that provides a broad range of interpre23 tative services, programs and media. 

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

25 are managed primarily for outdoor recreation 


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1 purposes where there has been a substantial 

2 Federal investment in facilities and services 

3 that are necessary to accommodate heavy public 

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

5 a manner that fees can be effectively collected 

6 at one or more centralized locations, the site 

7 has regularly serviced and well maintained toilet 

8 facilities and contains at least four of the fol9 lowing: 

10 ‘‘(i) Designated developed parking. 

11 ‘‘(ii) Trash collection. 

12 ‘‘(iii) Permanent interpretative mate13 rials. 

14 ‘‘(iv) Picnic tables. 

15 ‘‘(v) Routine presence of agency per16 sonnel. 

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

18 there are two or more sites of concentrated public 

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

20 Secretary may charge a single day use fee for the 

21 sites and the area between the sites. 

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

23 by agency, a nationally consistent day use fee policy 

24 and rate structure. 

25 ‘‘(4) INITIAL IMPLEMENTATION.— 


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

2 later than 180 days after the date of the enact3 ment of the Federal Lands Recreation En4 hancement Modernization Act of 2014, the Sec5 retary shall— 

6 ‘‘(i) publish in the Federal Register 

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

8 sites for which day use fees are proposed 

9 to be collected; and 

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

11 period regarding such list. 

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

13 than 120 days after the close of the public com14 ment period required by subparagraph (A)(ii), 

15 the Secretary shall publish in the Federal Reg16 ister and on the agency’s website the final list 

17 of sites for which day use fees are to be col18 lected. 

19 ‘‘(5) TRANSITION.—The Secretary may con20 tinue to collect fees in effect on the date of the en21 actment of Federal Lands Recreation Enhancement 

22 Modernization Act of 2014 for a period not to ex23 ceed 180 days from the date the final list of day use 

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


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1 However, the Secretary may not increase or impose 

2 new fees using this transition authority.’’. 

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

4 6802(g)) is amended— 

5 (1) in the subsection heading, by striking ‘‘EX6 PANDED AMENITY RECREATION’’ and inserting 

7 ‘‘AMENITY’’; 

8 (2) by striking paragraph (1); 

9 (3) by redesignating paragraph (2) as para10 graph (1) and in such paragraph— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

13 (i) by striking ‘‘expanded amenity 

14 recreation fee, either in addition to a 

15 standard amenity fee’’ and inserting 

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

17 use fee or entrance fee’’; and 

18 (ii) by striking ‘‘under the jurisdiction 

19 of the Forest Service, the Bureau of Land 

20 Management, or the Bureau of Reclama21 tion, but only’’; 

22 (B) in subparagraph (A)— 

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

24 ‘‘Developed tent’’; and 


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1 (ii) by striking clauses (vii) through 

2 (ix) and inserting the following new 

3 clauses: 

4 ‘‘(vii) Trash collection. 

5 ‘‘(viii) Regularly serviced and well 

6 maintained toilet facilities.’’; 

7 (C) in subparagraph (E), by inserting be8 fore the period the following: ‘‘when the user 

9 has not paid an amenity fee under subpara10 graph (A) the prior night’’; 

11 (D) by striking subparagraph (F) and in12 serting the following new subparagraph: 

13 ‘‘(F) Highly specialized interpretative pro14 grams; guided walks, talks, and tours of sub15 stantial length; programs that require special16 ized equipment; specialized non-public pro17 grams; and other interpretative services for 

18 which the Secretary incurs significant costs. 

19 However, before the Secretary may charge a fee 

20 for interpretative programs, the Secretary shall 

21 identify basic interpretative programs and serv22 ices, including tours required to provide basic 

23 visitor access to a primary resource in a unit, 

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


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1 (E) in subparagraph (H), by inserting be2 fore the period the following: ‘‘subject to sub3 section (e)(3)’’; and 

4 (F) in subparagraph (J)— 

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

6 by inserting ‘‘or hot spring’’ after ‘‘swim7 ming sites’’; 

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

9 toilets’’ and inserting ‘‘regularly serviced 

10 and well maintained toilets’’; 

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

12 containers’’ and inserting ‘‘Trash collec13 tion’’; and 

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

15 swimming instructors’’ after ‘‘lifeguards’’; 

16 and 

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

18 paragraph: 

19 ‘‘(2) NATIONAL PARK SERVICE AND UNITED

20 STATES FISH AND WILDLIFE SERVICE ADDITIONAL

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

22 the Secretary may charge an additional amenity fee 

23 at Federal recreational lands and waters under the 

24 jurisdiction of the National Park Service and the 

25 United States Fish and Wildlife Service when the 


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1 Secretary determines that the visitor uses a specific 

2 or specialized facility, equipment, or service not oth3 erwise included under paragraph (1).’’. 

4 (g) SPECIAL RECREATION PERMIT AND FEE.—Sub5 section (h) of section 803 (16 U.S.C. 6802) is amended 

6 to read as follows: 

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

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

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

10 Federal recreational lands and waters; and 

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

12 in connection with the issuance of the permit. 

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

14 Secretary may issue special recreation permits in the 

15 following circumstances: 

16 ‘‘(A) For specialized individual and group 

17 use of Federal facilities and Federal rec18 reational lands and waters, such as, but not 

19 limited to, use of special areas or areas where 

20 use is allocated, motorized recreational vehicle 

21 use, and group activities or events. 

22 ‘‘(B) To recreation service providers who 

23 conduct outfitting, guiding, and other recre24 ation services on Federal recreational lands and 

25 waters managed by the Forest Service, Bureau 


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1 of Land Management, Bureau of Reclamation, 

2 and the United States Fish and Wildlife Serv3 ice. 

4 ‘‘(C) To recreation service providers who 

5 conduct recreation or competitive events, which 

6 may involve incidental sales on Federal rec7 reational lands and waters managed by the For8 est Service, Bureau of Land Management, Bu9 reau of Reclamation, and the United States 

10 Fish and Wildlife Service. 

11 ‘‘(3) REDUCTION IN FEDERAL COSTS.—To re12 duce Federal costs in administering this subsection, 

13 the issuance of a new special recreation permit for 

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

15 considered under previous analysis or that are simi16 lar to existing uses or are not inconsistent with ap17 proved uses and will not substantially increase the 

18 use of an area shall not constitute a major Federal 

19 action for the purposes of the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

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

22 issue a single permit, administered by one agency 

23 (including the National Park Service), to authorize 

24 a recreation service provider to provide services or 

25 for an event on lands managed by multiple agencies. 


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1 The authorized official in the agency issuing the per2 mit under this authority must have a delegation of 

3 authority for the administration of the permit from 

4 the other relevant agencies and must comply with 

5 the applicable laws of each relevant agency. Nothing 

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

7 applicability of any public law or regulation to lands 

8 administered by the participating agencies. 

9 ‘‘(5) GUIDELINES AND PERMIT FEE CALCULA10 TION.— 

11 ‘‘(A) GUIDELINES AND EXCLUSION OF

12 CERTAIN REVENUES.—The Secretary shall pub13 lish guidelines in the Federal Register for how 

14 recreation permit fees shall be established that 

15 will provide appropriate deductions for revenue 

16 from goods, services, or activities provided by 

17 the recreation service provider outside Federal 

18 recreational lands and waters and a deduction 

19 for fees to paid for other Federal lands if sepa20 rate permits are issued for a single event. 

21 ‘‘(B) REVENUE EXCLUSIONS.—Revenue 

22 exclusions under subparagraph (A) shall in23 clude, but not be limited to, revenue from goods 

24 or services provided by the recreation service 


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1 provider outside the Federal recreational lands 

2 and waters, such as— 

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

4 and other services before or after a trip be5 gins; 

6 ‘‘(ii) deductions for activities outside 

7 public lands or on other Federal lands if 

8 separate permits are issued. 

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

10 by the Secretary for a permit issued under 

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

12 the recreational service provider’s annual gross 

13 revenue for activities authorized by the permit, 

14 plus applicable revenue additions, minus appli15 cable revenue exclusions or a similar flat per 

16 person fee. The fee charged by the Secretary 

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

18 shall include appropriate reductions and addi19 tions based on the direct costs incurred by the 

20 Secretary for management of the event. 

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

22 Secretary may issue a recreation concession permit 

23 to authorize a third party to provide facilities and 

24 services to visitors on Federal recreational lands and 

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1 ment in support of outdoor recreational opportuni2 ties in accordance with the applicable land use plan. 

3 Any such permit shall provide for monetary com4 pensation to the Federal Government for the rights 

5 and privileges provided, with collected funds depos6 ited in the accounts established under section 807 of 

7 this Act, to be available without further appropria8 tion and to remain available until expended. Facili9 ties and services provided under existing recreation 

10 concessions and recreation lease agreements on Bu11 reau of Land Management managed public lands 

12 may continue pursuant to the terms and conditions 

13 of each agreement. 

14 ‘‘(7) STEWARDSHIP PROGRAM.— 

15 ‘‘(A) ESTABLISHMENT.—Within 18 

16 months after the date of the enactment of the 

17 Federal Lands Recreation Enhancement Mod18 ernization Act of 2014, the Secretary shall es19 tablish, at no fewer than 20 sites located on 

20 Federal recreational lands and waters adminis21 tered by the Forest Service and the Bureau of 

22 Land Management, a stewardship program for 

23 recreation service providers involving credit 

24 against a required special recreation permit fee 

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1 nance and resource protection work performed 

2 with the permission of the relevant Federal 

3 agency. 

4 ‘‘(B) ELIGIBILITY.—Under the steward5 ship program required by this paragraph, a 

6 recreation service provider shall submit to the 

7 Secretary— 

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

9 adequately and safely perform the pro10 posed maintenance and resource protection 

11 work; 

12 ‘‘(ii) an itemized accounting of labor 

13 and material costs associated with such 

14 maintenance and resource protection work; 

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

16 of the proposed maintenance and resource 

17 protection work; and 

18 ‘‘(iv) permission from the relevant 

19 Federal agency to perform the proposed 

20 maintenance and resource protection work. 

21 ‘‘(C) REVIEW AND APPROVAL.—The Sec22 retary shall review promptly a proposal sub23 mitted to participate in the stewardship pro24 gram and approve any such submission that the 


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1 Secretary finds adequately meets the eligibility 

2 criteria specified in subparagraph (B). 

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

4 after the date of the enactment of the Federal 

5 Lands Recreation Enhancement Modernization 

6 Act of 2014, the Secretary shall submit to the 

7 Committee on Natural Resources of the House 

8 of Representatives and the Committee on En9 ergy and Natural Resources of the Senate a 

10 status report on the stewardship program, in11 cluding the number of participating sites, total 

12 amount of the credits granted, and suggestions 

13 for revising the program. 

14 ‘‘(8) DISCLOSURE OF FEES.—A holder of a spe15 cial recreation permit may inform its customers of 

16 the various fees charged by the Secretary under this 

17 title.’’. 

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

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

20 the following new subsections: 

21 ‘‘(i) NOTICE OF RECREATIONAL FEES AND RECRE22 ATION PASSES.—The Secretary shall post clear notice of 

23 any fee and available recreation passes at appropriate lo24 cations at each site of Federal recreational lands and 

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


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1 include such notice in publications distributed at the unit 

2 and on agency websites. 

3 ‘‘(j) USE OF TECHNOLOGY.—To the extent prac4 ticable, the Secretary shall use technology and automation 

5 to increase accountability, efficiency, and the convenience 

6 of paying recreation fees. 

7 ‘‘(k) VISITOR CENTERS.— 

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

9 rights, the Secretary shall not enter into agreements 

10 for the operation of a visitor center with private for11 profit or non-profit organizations that intend to 

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

13 a basic visitor center exhibit. 

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

15 prohibits the Secretary from— 

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

17 or interpretative center as otherwise provided 

18 for in this title; or 

19 ‘‘(B) entering into a fee management 

20 agreement for the collection of the recreation 

21 fee. 

22 ‘‘(l) CONGRESSIONAL APPROVAL OF CERTAIN NEW

23 OR INCREASED FEES.— 

24 ‘‘(1) SUBMISSION OF LIST OF EXISTING

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1 actment of the Federal Lands Recreation Enhance2 ment Modernization Act of 2014, the Secretary 

3 shall— 

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

5 fees (except special recreation permit fees) 

6 charged at Federal recreational lands and 

7 waters by Federal land management agencies 

8 as of the date of the enactment of the Federal 

9 Lands Recreation Enhancement Modernization 

10 Act of 2014; and 

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

12 Natural Resources and the Committee on Agri13 culture of the House of Representatives and the 

14 Committee on Energy and Natural Resources of 

15 the Senate. 

16 ‘‘(2) PROHIBITION ON NEW FEES OR FEE IN17 CREASES.—Except as provided in paragraphs (3), 

18 (4), and (5), the Secretaries may not increase or im19 pose any new entrance fees, day use fees, or amenity 

20 fees. 

21 ‘‘(3) SUBMISSION OF PROPOSED FEE SCHED22 ULE.—By June 1 of each year, the Secretaries shall 

23 propose a single schedule of any new or increased 

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

25 transmit this schedule to the Committee on Natural 


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1 Resources and the Committee on Agriculture of the 

2 House of Representatives and the Committee on En3 ergy and Natural Resources of the Senate. 

4 ‘‘(4) CONGRESSIONAL APPROVAL REQUIRED.— 

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

6 amenity fee may be imposed unless approved by Act 

7 of Congress. 

8 ‘‘(5) EMERGENCY SITUATIONS.—If the Secre9 taries determine that recreational opportunities on 

10 Federal recreational lands and waters would be se11 verely curtailed or that an emergency affecting 

12 human health or unforeseen events exists, the Secre13 taries may transmit proposed selective new or in14 creased entrance fees, day use fees, or amenity fees 

15 to the Committee on Natural Resources and the 

16 Committee on Agriculture of the House of Rep17 resentatives and the Committee on Energy and Nat18 ural Resources of the Senate for approval by Act of 

19 Congress. 

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

21 special recreation permit issued under this title before the 

22 date of the enactment of the Federal Lands Recreation 

23 Enhancement Modernization Act of 2014 shall continue— 

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

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


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1 of the Federal Lands Recreation Enhancement Mod2 ernization Act of 2014; and 

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

4 terms and notwithstanding section 810, until the 

5 permit expires, is revoked, or is suspended according 

6 to the terms of the permit. 

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

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

9 days of Federal recreational lands and waters. The Sec10 retary shall not establish any additional discounts except 

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

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

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

14 (1) in paragraph (1)— 

15 (A) in the matter preceding subparagraph 

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

17 title’’; and 

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

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

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

21 highway’’; and 

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

23 inserting ‘‘this title’’. 

24 SEC. 5. PUBLIC PARTICIPATION. 

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


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

2 inserting ‘‘this title’’; and 

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

4 and inserting the following new subsections: 

5 ‘‘(b) ENTRANCE FEES, DAY USE FEES, AND AMEN6 ITY FEES.—For entrance fees, day use fees and amenity 

7 fees, the Secretary may— 

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

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

10 fee, or amenity fee; 

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

12 another similar interagency website, in local news13 papers, on agency websites, at proposed and estab14 lished collection points, on social media applications, 

15 and in publications distributed near the site for 

16 which the fee would be collected— 

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

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

19 new or increased fee; 

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

21 the proposed new or increased fee; and 

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

23 opportunity for comment closes; 

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

25 after publication of notice under paragraph (2); 


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1 ‘‘(4) at least 120 days before the implementa2 tion of the new or increased fee, publish notice of a 

3 decision to implement a new or increased fee in local 

4 newspapers, on the agency websites, at proposed and 

5 established collection points, on social media applica6 tions, and in publications distributed near the site 

7 for which the fee will be collected; and 

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

9 solicit public comment for at least 60 days on how 

10 fee revenue should be expended at each unit. 

11 ‘‘(c) SPECIAL RECREATION PERMIT FEES.—For spe12 cial recreation permit fees authorized by section 

13 803(h)(2)(A), the Secretary shall— 

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

15 uses for which standard fee rates can be established, 

16 follow, to the extent practicable and appropriate, the 

17 procedures in subsection (b); and 

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

19 associated with issuing and managing the permit, es20 tablish guidelines for how fees will be established 

21 and publish the guidelines in the Federal Register. 

22 ‘‘(d) NEW CONCESSION OPPORTUNITIES.—The Sec23 retary shall provide an opportunity for public involvement 

24 180 days before a new site or area, including a camp25 ground, is offered as a new concession opportunity on FedVerDate Mar 15 2010 00:19 Jul 26, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5204.IH H5204

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1 eral recreational lands and waters under the jurisdiction 

2 of the Forest Service or Bureau of Land Management by 

3 publishing a notice in the Federal Register and soliciting 

4 comments.’’. 

5 SEC. 6. RECREATION PASSES. 

6 (a) AMERICA THE BEAUTIFUL—THE NATIONAL

7 PARKS AND FEDERAL RECREATIONAL LANDS PASS.— 

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

9 (1) in paragraph (1)— 

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

11 States citizens and permanent residents and’’ 

12 before ‘‘cover’’; and 

13 (B) by striking ‘‘standard amenity recre14 ation fee’’ and inserting ‘‘day use fee’’ both 

15 places it appears; 

16 (2) in paragraph (2)— 

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

18 inserting ‘‘may hold a’’; and 

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

20 follows through the end of the following sen21 tence and inserting a period; 

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

23 following new sentence: ‘‘The Secretaries shall ad24 just the price of the National Parks and Federal 

25 Recreational Lands Pass once every three years to 


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1 reflect the change in the Consumer Price Index for 

2 All Urban Consumers (CPI–U) over the same pe3 riod, rounding figures so as to increase or decrease 

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

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

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

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

8 pass’’ after ‘‘pass’’; and 

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

10 paragraph: 

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

12 conduct a study to evaluate how, where, and the ex13 tent to which the National Parks and Federal Rec14 reational Lands Pass is used and shall submit to the 

15 Committee on Natural Resources of the House of 

16 Representatives and the Committee on Energy and 

17 Natural Resources of the Senate a report containing 

18 the results of the study.’’. 

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

20 U.S.C. 6804(b)) is amended— 

21 (1) in paragraph (2), by inserting ‘‘or is a vet22 eran with a service-connected disability, as defined 

23 in section 101 of title 38, United States Code’’ be24 fore ‘‘, if the citizen or person’’; and 


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

2 paragraphs: 

3 ‘‘(3) UNITED STATES ARMED FORCES DIS4 COUNT.—The Secretary may make an annual Na5 tional Parks and Federal Recreational Lands Pass 

6 available without charge to any member of the 

7 United States Army, Navy, Air Force, Marine 

8 Corps, and Coast Guard if such person presents a 

9 Common Access card or similar identification as de10 termined by the Secretary. 

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

12 Parks and Federal Recreational Lands Pass made 

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

14 an amenity fee discount as charged under section 

15 803(g)(1)(A). 

16 ‘‘(5) PROHIBITION ON OTHER DISCOUNTED

17 PASSES.—The Secretary may not establish any dis18 counted passes, except as provided in this section.’’. 

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

20 (16 U.S.C. 6804(c)) is amended by striking ‘‘standard 

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

22 (d) DISCOUNTED OR FREE ADMISSION DAYS OR

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

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


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1 (2) by redesignating subsection (f) as sub2 section (e). 

3 (e) PASS AND DISCOUNT ACCEPTANCE BY CONCES4 SIONAIRES.—Section 805 (16 U.S.C. 6804) is further 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(f) PASS AND DISCOUNT ACCEPTANCE BY CONCES8 SIONAIRES.— 

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

10 rights, and to the extent reimbursement is practical, 

11 the Secretary shall require concessionaires operating 

12 federally owned campgrounds and day use facilities 

13 on Federal recreational lands and waters to accept 

14 a recreational pass issued under this title or section 

15 4 of the Land and Water Conservation Fund Act of 

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

17 use, as applicable. 

18 ‘‘(2) REIMBURSEMENT.—To the extent prac19 ticable, the Secretary shall reimburse a conces20 sionaire in part or in whole for acceptance under 

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

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

23 to the Federal Government.’’. 


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

2 (16 U.S.C. 6804(a)(6)(B)) is amended by striking ‘‘sec3 tion 6’’ and inserting ‘‘section 6805’’. 

4 SEC. 7. SPECIAL ACCOUNT. 

5 (a) DISTRIBUTION OF REVENUES.—Section 

6 807(c)(1) (16 U.S.C. 6806(c)(1)) is amended— 

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

8 (2) in subparagraph (A), by striking ‘‘80 per9 cent’’ and inserting ‘‘90 percent’’; and 

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

11 the following new sentence: ‘‘The Secretary shall 

12 provide notice to the Committee on Natural Re13 sources of the House of Representatives and the 

14 Committee on Energy and Natural Resources of the 

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

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

17 U.S.C. 6806) is amended— 

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

19 inserting ‘‘this title’’; 

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

21 5(a)(7)’’ and inserting ‘‘section 6804(a)(7)’’; and 

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

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


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1 SEC. 8. EXPENDITURES. 

2 (a) USE OF FEES AT SPECIFIC SITE OR AREA.—Sec3 tion 808(a) (16 U.S.C. 6807(a)) is amended— 

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

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

6 (2) by inserting after paragraph (1) the fol7 lowing new paragraph: 

8 ‘‘(2) shall be used to develop and enhance exist9 ing recreation opportunities; 

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

11 recreational lands and waters;’’; and 

12 (3) in paragraph (5), as redesignated by para13 graph (1)— 

14 (A) in subparagraph (A), by inserting ‘‘vis15 itor’’ before ‘‘health’’; and 

16 (B) by striking subparagraph (E) and in17 serting the following new subparagraph: 

18 ‘‘(E) capital construction costs associated 

19 with administering the recreation fee program; 

20 and’’. 

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

22 (16 U.S.C. 6807(b)) is amended by striking the period at 

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

24 visitor access, to remove or close facilities except when 

25 those facilities are being replaced or updated, and acquisi26 tion of lands and waters.’’. 


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1 (c) OVERHEAD, ADMINISTRATIVE, AND COLLECTION

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

3 6807) is amended to read as follows: 

4 ‘‘(c) OVERHEAD, ADMINISTRATIVE, AND COLLEC5 TION COSTS CAP.— 

6 ‘‘(1) OVERHEAD AND ADMINISTRATIVE

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

8 percent of total revenues collected annually under 

9 this title for overhead and administrative costs. 

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

11 not spend more than 20 percent of total revenues 

12 collected annually under this title for all direct fee 

13 collection costs. 

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

15 from special recreation permits issued to recreation 

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

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

18 ‘‘(A) to partially offset the Secretary’s di19 rect cost of administering the permits; and 

20 ‘‘(B) to improve and stream-line the per21 mitting process.’’. 

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

23 U.S.C. 6807) is amended by adding at the end the fol24 lowing new subsection: 


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

2 practicable, the Secretary shall post clear notice of loca3 tions where work is performed using recreation fee or 

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

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

6 U.S.C. 6807) is further amended— 

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

8 subsection (a)(1), by striking ‘‘section 6(a)’’ and in9 serting ‘‘section 6805(a)’’; and 

10 (2) in subsection (d)— 

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

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

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

14 5(a)(7)’’ and inserting ‘‘section 6804(a)(7)’’; 

15 and 

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

17 5(d)’’ and inserting ‘‘section 6804(d)’’. 

18 SEC. 9. REPORTING REQUIREMENTS. 

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

20 follows: 

21 ‘‘SEC. 809. REPORTING REQUIREMENTS. 

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

23 shall develop and maintain cost accounting systems nec24 essary to accurately track, manage, and report fee receipts 

25 and expenditures at each unit. The Secretary may extend 


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1 fee revenue to acquire and develop such systems as need2 ed, as a direct operating or administration cost allowed 

3 under section 808(c). 

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

5 2016, and annually thereafter, the Secretary shall compile 

6 by each agency, broken down by unit, a separate account7 ing for the preceding fiscal year of— 

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

9 type; 

10 ‘‘(2) expenditures by project from these ac11 counts; 

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

13 visitors to the unit; 

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

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

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

17 year, the Secretary shall— 

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

19 section prominently on each agency’s website and on 

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

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

22 Committee on Natural Resources of the House of 

23 Representatives and the Committee on Energy and 

24 Natural Resources of the Senate. 


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1 ‘‘(d) AUDITS.—The Secretary shall develop a pro2 gram of regular audits at fee collection units to ensure 

3 accountability of funds collected under this title and all 

4 expenditures under this title.’’. 

5 SEC. 10. SUNSET PROVISION. 

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

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

8 title’’; and 

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

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

11 31, 2020’’. 

12 SEC. 11. VOLUNTEERS. 

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

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

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

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

17 use fee, or amenity fee’’. 

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

19 U.S.C. 6810) is amended— 

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

21 and inserting ‘‘section 6804(c)’’; 

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

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

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

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


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1 SEC. 12. ENFORCEMENT. 

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

3 6811) is amended— 

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

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

6 (2) by inserting after subsection (a) the fol7 lowing new subsection: 

8 ‘‘(b) REQUIRED PAYMENT.— 

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

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

11 charged is required to pay the entrance fee or day 

12 use fee. 

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

14 apply to a person who— 

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

16 Federal Recreational Lands Pass; or 

17 ‘‘(B) is a volunteer with a waiver or dis18 count of fees under section 811(b). 

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

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

21 provide for the issuance to the person of a non22 transferable receipt or other form of proof of pay23 ment, valid for entry and reentry into the same site 

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

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

26 U.S.C. 6811) is further amended— 


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

2 inserting ‘‘this title’’; and 

3 (2) in subsection (e), as redesignated by sub4 section (a)(1), by striking ‘‘this Act’’ and inserting 

5 ‘‘this title’’. 

6 SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE 

7 FEES. 

8 (a) REPEAL OF ADDITIONAL PROVISIONS.—Section 

9 813(a) (16 U.S.C. 6812(a)) is amended by striking ‘‘and 

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

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

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

13 amended by adding at the end the following new sub14 section: 

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

16 collect recreational fees in existence on the date of the en17 actment of the Federal Lands Recreation Enhancement 

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

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

20 Secretaries shall bring their relevant recreation fee struc21 tures into compliance with the amendments made by such 

22 Act.’’. 

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

24 U.S.C. 6812) is further amended— 


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

2 5(a)(3)’’ and inserting ‘‘section 6804(a)(3)’’; 

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

4 5(a)(3)’’ and inserting ‘‘section 6804(a)(3)’’; 

5 (3) in subsection (e)— 

6 (A) in paragraph (1)— 

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

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

9 (ii) by striking ‘‘section 7’’ and insert10 ing ‘‘section 6806’’; 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘this Act’’ and insert13 ing ‘‘this title’’; and 

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

15 inserting ‘‘section 6804(a)(3)’’; 

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

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

18 title’’; and 

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

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

21 title’’; and 

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

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


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1 SEC. 14. RELATIONSHIP TO OTHER LAWS. 

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

3 amended by adding at the end the following new sub4 section: 

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

6 concession contract or permit for recreation services that 

7 is otherwise within the scope of an exemption from chapter 

8 67 of title 41, United States Code, shall not be outside 

9 the scope of that exemption because the concessionaire or 

10 recreation service provider accepts a recreation pass or 

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

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

13 U.S.C. 6813) is further amended— 

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

15 inserting ‘‘this title’’; 

16 (2) in subsection (b)— 

17 (A) in the matter preceding paragraph 

18 (1)— 

19 (i) by striking ‘‘this Act’’ and insert20 ing ‘‘this title’’; and 

21 (ii) by striking ‘‘section 6(a)’’ and in22 serting ‘‘section 6805(a)’’; and 

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

24 8, 1937’’ and inserting ‘‘August 28, 1937’’; and 


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

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

3 title’’. 

Æ 


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