Federal Lands Recreation Enhancement Modernization Act of 2014

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. Short title (a) Short title This Act may be cited as the Federal Lands Recreation Enhancement Modernization Act of 2014 (b) Table of contents The table of contents for 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 Repeal of superseded admission and use fees.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. 2. References to Federal Lands Recreation Enhancement Act Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Federal Lands Recreation Enhancement Act (title VIII of division J of Public Law 108–447; 16 U.S.C. 6801 et seq. 3. Definitions (a) New fee names Paragraphs (1) and (2) of section 802 ( 16 U.S.C. 6801 (1) Day Use Fee The term day use fee (2) Amenity Fee The term amenity fee . (b) Federal land management agency Section 802(4) ( 16 U.S.C. 6801(4) or agency means the National (c) Recreation fee Section 802(8) ( 16 U.S.C. 6801(8) standard amenity recreation fee, expanded amenity recreation fee day use fee, amenity fee (d) New definitions Section 802 ( 16 U.S.C. 6801 (1) by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively; (2) by inserting after paragraph (9) the following new paragraph: (10) Recreation service provider The term recreation service provider ; and (3) by adding at the end the following new paragraph: (15) Unit The term unit . (e) Technical corrections Section 802 ( 16 U.S.C. 6801 (1) in the matter preceding paragraph (1), by striking this Act this title (2) in paragraph (6), by striking section 5 section 805 (3) in paragraph (9), by striking section 5 section 805 (4) in paragraph (13), as redesignated by subsection (d)(1), by striking section 7 section 807 (5) in paragraph (14), as redesignated by subsection (d)(1), by striking section 3(h) section 803(h) 4. Recreation fee authority (a) Sole authority Section 803(a) ( 16 U.S.C. 6802(a) only waters (b) Fee basis Section 803(b) ( 16 U.S.C. 6802(b) (5) The Secretary shall consider access to recreation opportunities. . (c) Limitations Section 803(d) ( 16 U.S.C. 6802(d) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking standard amenity recreation fee or expanded amenity recreation fee day use fee or amenity fee (B) by striking subparagraphs (A) through (F) and inserting the following new subparagraph: (A) For any site, area, or activity, except as specifically authorized under this section. ; and (C) by redesignating subparagraphs (G) through (K) as subparagraphs (B) through (F), respectively; and (2) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking standard amenity recreation fee day use fee (B) in subparagraph (B), by striking educational purposes by schools or bona fide academic institutions , non-recreational educational purposes by schools or bona fide academic institutions when the students are pursuing academic credit and the Secretary has provided prior approval for a fee waiver (d) Entrance fees Section 803(e) ( 16 U.S.C. 6802(e) (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Policies The Secretary shall— (A) treat a motorcycle or snowmobile, when used as transportation to enter a unit, as a motor vehicle for the purposes of collecting entrance fees and shall charge a consistent per vehicle rate; and (B) determine, by agency, a nationally consistent entrance fee policy and corresponding rate structure, including a schedule for general visitors, commercial and noncommercial recreational tours or groups, and commercial air tours. (3) Transportation Services At a unit of the National Park System where the Secretary provides a transportation service, either as a Government service or through agreement or contract, the Secretary may charge transportation users a transportation fee alone (consistent with section 501 of the National Park Omnibus Management Act of 1998 (16 U.S.C. 5981) and other authorities) or in combination with an entrance fee. However, the transportation fee or combined transportation and entrance fee may not exceed the entrance fee charged at other similar units as identified in the national entrance fee policy under paragraph (2)(B). . (e) Day use fee Subsection (f) of section 803 ( 16 U.S.C. 6802 (f) Day Use Fee (1) Authorized sites for day use fees The Secretary may charge a day use fee for Federal recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service at the following: (A) A National Conservation Area. (B) A National Volcanic Monument. (C) A destination visitor or interpretive center that provides a broad range of interpretative services, programs and media. (D) Sites of concentrated public use that are managed primarily for outdoor recreation purposes where there has been a substantial Federal investment in facilities and services that are necessary to accommodate heavy public use, public access to the site is provided in such a manner that fees can be effectively collected at one or more centralized locations, the site has regularly serviced and well maintained toilet facilities and contains at least four of the following: (i) Designated developed parking. (ii) Trash collection. (iii) Permanent interpretative materials. (iv) Picnic tables. (v) Routine presence of agency personnel. (2) Single fee for multiple sites If there are two or more sites of concentrated public use located within one-half mile of each other, the Secretary may charge a single day use fee for the sites and the area between the sites. (3) Policy The Secretary shall determine, by agency, a nationally consistent day use fee policy and rate structure. (4) Initial implementation (A) Initial list of fee sites No later than 180 days after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (i) publish in the Federal Register and on the agency’s website a list of all sites for which day use fees are proposed to be collected; and (ii) provide a 60-day public comment period regarding such list. (B) Final list of fee sites No later than 120 days after the close of the public comment period required by subparagraph (A)(ii), the Secretary shall publish in the Federal Register and on the agency’s website the final list of sites for which day use fees are to be collected. (5) Transition The Secretary may continue to collect fees in effect on the date of the enactment of Federal Lands Recreation Enhancement Modernization Act of 2014 . (f) Amenity fee Section 803(g) ( 16 U.S.C. 6802(g) (1) in the subsection heading, by striking Expanded Amenity Recreation Amenity (2) by striking paragraph (1); (3) by redesignating paragraph (2) as paragraph (1) and in such paragraph— (A) in the matter preceding subparagraph (A)— (i) by striking expanded amenity recreation fee, either in addition to a standard amenity fee amenity fee, either in addition to a day use fee or entrance fee (ii) by striking under the jurisdiction of the Forest Service, the Bureau of Land Management, or the Bureau of Reclamation, but only (B) in subparagraph (A)— (i) by striking Tent Developed tent (ii) by striking clauses (vii) through (ix) and inserting the following new clauses: (vii) Trash collection. (viii) Regularly serviced and well maintained toilet facilities. ; (C) in subparagraph (E), by inserting before the period the following: when the user has not paid an amenity fee under subparagraph (A) the prior night (D) by striking subparagraph (F) and inserting the following new subparagraph: (F) Highly specialized interpretative programs; guided walks, talks, and tours of substantial length; programs that require specialized equipment; specialized non-public programs; and other interpretative services for which the Secretary incurs significant costs. However, before the Secretary may charge a fee for interpretative programs, the Secretary shall identify basic interpretative programs and services, including tours required to provide basic visitor access to a primary resource in a unit, that will be provided free of charge. ; (E) in subparagraph (H), by inserting before the period the following: subject to subsection (e)(3) (F) in subparagraph (J)— (i) in the matter preceding clause (i), by inserting or hot spring swimming sites (ii) in clause (i), by striking flush toilets regularly serviced and well maintained toilets (iii) in clause (ii), by striking Refuse containers Trash collection (iv) in clause (v), by inserting or swimming instructors lifeguards (4) by adding at the end the following new paragraph: (2) National Park Service and United States Fish and Wildlife Service Additional Authority Except as limited by subsection (d), the Secretary may charge an additional amenity fee at Federal recreational lands and waters under the jurisdiction of the National Park Service and the United States Fish and Wildlife Service when the Secretary determines that the visitor uses a specific or specialized facility, equipment, or service not otherwise included under paragraph (1). . (g) Special Recreation Permit and Fee Subsection (h) of section 803 ( 16 U.S.C. 6802 (h) Special Recreation Permit and Fee (1) In General The Secretary may— (A) issue a special recreation permit for Federal recreational lands and waters; and (B) charge a special recreation permit fee in connection with the issuance of the permit. (2) Special Recreation Permits The Secretary may issue special recreation permits in the following circumstances: (A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events. (B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, and the United States Fish and Wildlife Service. (C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, and the United States Fish and Wildlife Service. (3) Reduction in Federal Costs To reduce Federal costs in administering this subsection, the issuance of a new special recreation permit for activities under paragraph (2)(B) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses and will not substantially increase the use of an area shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Single Permits The Secretary may issue a single permit, administered by one agency (including the National Park Service), to authorize a recreation service provider to provide services or for an event on lands managed by multiple agencies. The authorized official in the agency issuing the permit under this authority must have a delegation of authority for the administration of the permit from the other relevant agencies and must comply with the applicable laws of each relevant agency. Nothing in this subsection shall alter, expand, or limit the applicability of any public law or regulation to lands administered by the participating agencies. (5) Guidelines and Permit Fee Calculation (A) Guidelines and exclusion of certain revenues The Secretary shall publish guidelines in the Federal Register for how recreation permit fees shall be established that will provide appropriate deductions for revenue from goods, services, or activities provided by the recreation service provider outside Federal recreational lands and waters and a deduction for fees to paid for other Federal lands if separate permits are issued for a single event. (B) Revenue exclusions Revenue exclusions under subparagraph (A) shall include, but not be limited to, revenue from goods or services provided by the recreation service provider outside the Federal recreational lands and waters, such as— (i) costs for transportation, lodging, and other services before or after a trip begins; (ii) deductions for activities outside public lands or on other Federal lands if separate permits are issued. (C) Fee conditions The fee charged by the Secretary for a permit issued under paragraph (2)(B) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee. The fee charged by the Secretary for a permit issued under paragraph (2)(C) shall include appropriate reductions and additions based on the direct costs incurred by the Secretary for management of the event. (6) Bureau of Land Management The Secretary may issue a recreation concession permit to authorize a third party to provide facilities and services to visitors on Federal recreational lands and waters managed by the Bureau of Land Management in support of outdoor recreational opportunities in accordance with the applicable land use plan. Any such permit shall provide for monetary compensation to the Federal Government for the rights and privileges provided, with collected funds deposited in the accounts established under section 807 of this Act, to be available without further appropriation and to remain available until expended. Facilities and services provided under existing recreation concessions and recreation lease agreements on Bureau of Land Management managed public lands may continue pursuant to the terms and conditions of each agreement. (7) Stewardship Program (A) Establishment Within 18 months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (B) Eligibility Under the stewardship program required by this paragraph, a recreation service provider shall submit to the Secretary— (i) the provider’s qualifications to adequately and safely perform the proposed maintenance and resource protection work; (ii) an itemized accounting of labor and material costs associated with such maintenance and resource protection work; (iii) a commitment to share the costs of the proposed maintenance and resource protection work; and (iv) permission from the relevant Federal agency to perform the proposed maintenance and resource protection work. (C) Review and approval The Secretary shall review promptly a proposal submitted to participate in the stewardship program and approve any such submission that the Secretary finds adequately meets the eligibility criteria specified in subparagraph (B). (D) Report Not later than three years after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (8) Disclosure of fees A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under this title. . (h) Additional provisions Section 803 ( 16 U.S.C. 6802 (i) Notice of recreational fees and recreation passes The Secretary shall post clear notice of any fee and available recreation passes at appropriate locations at each site of Federal recreational lands and waters for which any fee is charged. The Secretary shall include such notice in publications distributed at the unit and on agency websites. (j) Use of technology To the extent practicable, the Secretary shall use technology and automation to increase accountability, efficiency, and the convenience of paying recreation fees. (k) Visitor centers (1) In general Subject to valid existing rights, the Secretary shall not enter into agreements for the operation of a visitor center with private for-profit or non-profit organizations that intend to charge a fee for visitors to access a visitor center or a basic visitor center exhibit. (2) Exceptions Nothing in paragraph (1) prohibits the Secretary from— (A) charging a recreation fee at a visitor or interpretative center as otherwise provided for in this title; or (B) entering into a fee management agreement for the collection of the recreation fee. (l) Congressional Approval of Certain New or Increased Fees (1) Submission of list of existing fees Within six months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (A) compile a comprehensive list of all fees (except special recreation permit fees) charged at Federal recreational lands and waters by Federal land management agencies as of the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (B) submit this list to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Prohibition on new fees or fee increases Except as provided in paragraphs (3), (4), and (5), the Secretaries may not increase or impose any new entrance fees, day use fees, or amenity fees. (3) Submission of proposed fee schedule By June 1 of each year, the Secretaries shall propose a single schedule of any new or increased entrance fees, day use fees, or amenity fees and transmit this schedule to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (4) Congressional approval required No new or increased entrance fee, day use fee, or amenity fee may be imposed unless approved by Act of Congress. (5) Emergency situations If the Secretaries determine that recreational opportunities on Federal recreational lands and waters would be severely curtailed or that an emergency affecting human health or unforeseen events exists, the Secretaries may transmit proposed selective new or increased entrance fees, day use fees, or amenity fees to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate for approval by Act of Congress. (m) Grandfathering existing permits Any special recreation permit issued under this title before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (1) to be managed pursuant to this section, as in effect on the day before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 (2) to be valid and remain in effect, under its terms and notwithstanding section 810, until the permit expires, is revoked, or is suspended according to the terms of the permit. (n) Discounted or free admission days or use The Secretary may provide free admission or use days of Federal recreational lands and waters. The Secretary shall not establish any additional discounts except as provided in this title or by another provision of law. . (i) Technical corrections Section 803(d) ( 16 U.S.C. 6802(d) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking this Act this title (B) in subparagraph (B), as redesignated by subsection (c)(1)(C), by striking part of the Federal-aid System Federal-aid highway (2) in paragraph (4), by striking this Act this title 5. Public participation Section 804 ( 16 U.S.C. 6803 (1) in subsection (a), by striking this Act this title (2) by striking subsections (b), (c), (d), and (e) and inserting the following new subsections: (b) Entrance Fees, Day Use Fees, and Amenity Fees For entrance fees, day use fees and amenity fees, the Secretary may— (1) publish notice in the Federal Register of any unit newly subject to an entrance fee, day use fee, or amenity fee; (2) publish on the website recreation.gov or another similar interagency website, in local newspapers, on agency websites, at proposed and established collection points, on social media applications, and in publications distributed near the site for which the fee would be collected— (A) any proposed new or increased fee; (B) the unit and agency proposing the new or increased fee; (C) the process by which to comment on the proposed new or increased fee; and (D) subject to paragraph (3), when the opportunity for comment closes; (3) allow at least 60 days public comment after publication of notice under paragraph (2); (4) at least 120 days before the implementation of the new or increased fee, publish notice of a decision to implement a new or increased fee in local newspapers, on the agency websites, at proposed and established collection points, on social media applications, and in publications distributed near the site for which the fee will be collected; and (5) not less frequently than every other year, solicit public comment for at least 60 days on how fee revenue should be expended at each unit. (c) Special Recreation Permit Fees For special recreation permit fees authorized by section 803(h)(2)(A), the Secretary shall— (1) if the fee is for reoccurring recreational uses for which standard fee rates can be established, follow, to the extent practicable and appropriate, the procedures in subsection (b); and (2) if the fee is based on recovering the costs associated with issuing and managing the permit, establish guidelines for how fees will be established and publish the guidelines in the Federal Register. (d) New Concession Opportunities The Secretary shall provide an opportunity for public involvement 180 days before a new site or area, including a campground, is offered as a new concession opportunity on Federal recreational lands and waters under the jurisdiction of the Forest Service or Bureau of Land Management by publishing a notice in the Federal Register and soliciting comments. . 6. Recreation passes (a) America the Beautiful—The National Parks and Federal Recreational Lands Pass Section 805(a) ( 16 U.S.C. 6804(a) (1) in paragraph (1)— (A) by inserting be available to United States citizens and permanent residents and cover (B) by striking standard amenity recreation fee day use fee (2) in paragraph (2)— (A) by striking shall hold an annual may hold a (B) by striking “for an year.” and all that follows through the end of the following sentence and inserting a period; (3) in paragraph (5), by adding at the end the following new sentence: The Secretaries shall adjust the price of the National Parks and Federal Recreational Lands Pass once every three years to reflect the change in the Consumer Price Index for All Urban Consumers (CPI–U) over the same period, rounding figures so as to increase or decrease the price in even five-dollar increments. (4) in paragraph (6)(A), by striking standard amenity recreation fee day use fee (5) in paragraph (9), by adding or discount pass pass (6) by adding at the end the following new paragraph: (10) Pass Use Study The Secretaries shall conduct a study to evaluate how, where, and the extent to which the National Parks and Federal Recreational Lands Pass is used and shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study. . (b) Discounted passes Section 805(b) ( 16 U.S.C. 6804(b) (1) in paragraph (2), by inserting or is a veteran with a service-connected disability, as defined in section 101 , if the citizen or person (2) by adding at the end the following new paragraphs: (3) United states armed forces discount The Secretary may make an annual National Parks and Federal Recreational Lands Pass available without charge to any member of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard if such person presents a Common Access card or similar identification as determined by the Secretary. (4) Amenity fee discount The National Parks and Federal Recreational Lands Pass made available under paragraphs (1) and (2) shall include an amenity fee discount as charged under section 803(g)(1)(A). (5) Prohibition on other discounted passes The Secretary may not establish any discounted passes, except as provided in this section. . (c) Site-Specific agency passes Section 805(c) ( 16 U.S.C. 6804(c) standard amenity recreation fee day use fee (d) Discounted or free admission days or use Section 805 ( 16 U.S.C. 6804 (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (e) Pass and Discount Acceptance by Concessionaires Section 805 ( 16 U.S.C. 6804 (f) Pass and Discount Acceptance by Concessionaires (1) Acceptance Subject to valid existing rights, and to the extent reimbursement is practical, the Secretary shall require concessionaires operating federally owned campgrounds and day use facilities on Federal recreational lands and waters to accept a recreational pass issued under this title or section 4 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–6a (2) Reimbursement To the extent practicable, the Secretary shall reimburse a concessionaire in part or in whole for acceptance under paragraph (1) of a recreational pass in an amount not to exceed the total land use or franchise fee due to the Federal Government. . (f) Technical correction Section 805(a)(6)(B) ( 16 U.S.C. 6804(a)(6)(B) section 6 section 6805 7. Special account (a) Distribution of revenues Section 807(c)(1) ( 16 U.S.C. 6806(c)(1) (1) by striking or area (2) in subparagraph (A), by striking 80 percent 90 percent (3) in subparagraph (B), by adding at the end the following new sentence: The Secretary shall provide notice to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate whenever an allocation is being reduced. (b) Technical corrections Section 807 ( 16 U.S.C. 6806 (1) in subsection (b), by striking this Act this title (2) in subsection (d), by striking section 5(a)(7) section 6804(a)(7) (3) in subsection (e), by striking section 5(d) section 6804(d) 8. Expenditures (a) Use of fees at specific site or area Section 808(a) ( 16 U.S.C. 6807(a) (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (1) the following new paragraph: (2) shall be used to develop and enhance existing recreation opportunities; (3) shall directly benefit visitors to Federal recreational lands and waters; ; and (3) in paragraph (5), as redesignated by paragraph (1)— (A) in subparagraph (A), by inserting visitor health (B) by striking subparagraph (E) and inserting the following new subparagraph: (E) capital construction costs associated with administering the recreation fee program; and . (b) Limitation on use of fees Section 808(b) ( 16 U.S.C. 6807(b) , reducing or limiting visitor access, to remove or close facilities except when those facilities are being replaced or updated, and acquisition of lands and waters. (c) Overhead, Administrative, and Collection Costs Cap Subsection (c) of section 808 ( 16 U.S.C. 6807 (c) Overhead, Administrative, and Collection Costs Cap (1) Overhead and administrative costs The Secretary may not use more than five percent of total revenues collected annually under this title for overhead and administrative costs. (2) Collection costs The Secretary may not spend more than 20 percent of total revenues collected annually under this title for all direct fee collection costs. (3) Use of certain revenues Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(1) shall be used— (A) to partially offset the Secretary’s direct cost of administering the permits; and (B) to improve and stream-line the permitting process. . (d) Notice of Fee Projects Section 808 ( 16 U.S.C. 6807 (e) Notice of Fee Projects To the extent practicable, the Secretary shall post clear notice of locations where work is performed using recreation fee or recreation pass revenues collected under this title. . (e) Technical corrections Section 808 ( 16 U.S.C. 6807 (1) in subsection (a)(5)(F), as redesignated by subsection (a)(1), by striking section 6(a) section 6805(a) (2) in subsection (d)— (A) in the matter preceding paragraph (1), by striking this Act this title (B) in paragraph (1), by striking section 5(a)(7) section 6804(a)(7) (C) in paragraph (2), by striking section 5(d) section 6804(d) 9. Reporting requirements Section 809 ( 16 U.S.C. 6808 809. Reporting requirements (a) Cost accounting systems The Secretaries shall develop and maintain cost accounting systems necessary to accurately track, manage, and report fee receipts and expenditures at each unit. The Secretary may extend fee revenue to acquire and develop such systems as needed, as a direct operating or administration cost allowed under section 808(c). (b) Annual reporting No later than May 1, 2016, and annually thereafter, the Secretary shall compile by each agency, broken down by unit, a separate accounting for the preceding fiscal year of— (1) total recreational fee revenue collected by type; (2) expenditures by project from these accounts; (3) a description of how expenditure benefitted visitors to the unit; (4) any new fees established; and (5) any changes in existing fees. (c) Submission No later than June 1 of each year, the Secretary shall— (1) display all information required under this section prominently on each agency’s website and on the website identified in section 804(b)(2); and (2) provide notice of such information to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) Audits The Secretary shall develop a program of regular audits at fee collection units to ensure accountability of funds collected under this title and all expenditures under this title. . 10. Sunset provision Section 810 ( 16 U.S.C. 6809 (1) by striking this Act this title (2) by striking 10 years after the date of the enactment of this Act on December 31, 2020 11. Volunteers (a) Waiver or discount of fees; site-Specific agency pass Section 811(b) ( 16 U.S.C. 6810(b) standard amenity recreation fee, or an expanded amenity recreation fee day use fee, or amenity fee (b) Technical corrections Section 811 ( 16 U.S.C. 6810 (1) in subsection (b), by striking section 5(c) section 6804(c) (2) in subsection (c), by striking section 5(a)(7) section 6804(a)(7) (3) in subsection (d), by striking section 5(d) section 6804(d) 12. Enforcement (a) Required payment Section 812 ( 16 U.S.C. 6811 (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Required payment (1) In general Any person within a site or an area for which an entrance fee or day use fee is charged is required to pay the entrance fee or day use fee. (2) Exception Paragraph (1) does not apply to a person who— (A) is using a valid National Parks and Federal Recreational Lands Pass; or (B) is a volunteer with a waiver or discount of fees under section 811(b). (3) Receipt Upon payment of an entrance fee or day use fee by a person, the Secretary shall provide for the issuance to the person of a nontransferable receipt or other form of proof of payment, valid for entry and reentry into the same site or area for a period of no less than one day. . (b) Technical corrections Section 812 ( 16 U.S.C. 6811 (1) in subsection (a), by striking this Act this title (2) in subsection (e), as redesignated by subsection (a)(1), by striking this Act this title 13. Repeal of superseded admission and use fees (a) Repeal of additional provisions Section 813(a) ( 16 U.S.C. 6812(a) and (i) (except for paragraph (1)(C)) (i), (l), (m), and (n) (except for paragraph (5)) (b) Transition Section 813 ( 16 U.S.C. 6812 (g) Transition The Secretaries may continue to collect recreational fees in existence on the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 . (c) Technical corrections Section 813 ( 16 U.S.C. 6812 (1) in subsection (a), by striking section 5(a)(3) section 6804(a)(3) (2) in subsection (d), by striking section 5(a)(3) section 6804(a)(3) (3) in subsection (e)— (A) in paragraph (1)— (i) by striking this Act this title (ii) by striking section 7 section 6806 (B) in paragraph (2)— (i) by striking this Act this title (ii) by striking section 5(a)(3) section 6804(a)(3) (C) in paragraph (3), by striking this Act this title (D) in paragraph (4), by striking this Act this title (4) in subsection (f), by striking this Act this title 14. Relationship to other laws (a) In general Section 814 ( 16 U.S.C. 6813 (g) Pass acceptance by concessionaires A concession contract or permit for recreation services that is otherwise within the scope of an exemption from chapter 67 . (b) Technical corrections Section 814 ( 16 U.S.C. 6813 (1) in subsection (a), by striking this Act this title (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking this Act this title (ii) by striking section 6(a) section 6805(a) (B) in paragraph (5), by striking August 8, 1937 August 28, 1937 (3) in subsections (c) through (f), by striking this Act this title December 22, 2014 Reported from the Committee on Natural Resources December 22, 2014 The Committee on Agriculture

Summary: (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Federal Lands Recreation Enhancement Modernization Act of 2014 - Amends the Federal Lands Recreation Enhancement Act (FLREA) to revise and extend through 2020 the authority for the Secretary of the Interior, or the Secretary of Agriculture (USDA) in the case of the Forest Service, to collect and expend recreation fees on federal lands and waters managed by the National Park Service (NPS), the U.S. Fish and Wildlife Service (USFWS), the Bureau of Land Management (BLM), the Bureau of Reclamation, or the Forest Service. (Sec. 4) Authorizes the appropriate Secretary to: charge day use fees (currently known as standard amenity recreation fees) for lands and waters at a National Conservation Area, a National Volcanic Monument, a destination visitor or interpretive center, and sites of concentrated public use that meet specified criteria; charge transportation fees at NPS units where the Secretary provides a transportation service; charge amenity fees (currently known as expanded amenity recreation fees) for the use of facilities or services on federal lands; charge fees for special recreation permits issued to recreation service providers and for individual and group use of federal facilities, lands, and waters; and issue recreation concession permits authorizing a third party to provide facilities and services to visitors on lands and waters managed by the BLM. Prohibits the Interior Secretary or the USDA Secretary from charging recreation fees except as authorized by FLREA. Requires congressional approval of new or increased entrance, day use, or amenity fees. Revises conditions that must be satisfied for day use fees to be charged at a site of concentrated public use. Authorizes the Secretary concerned to charge a day use fee if the site is managed primarily for outdoor recreation purposes where: (1) a substantial federal investment has been made in facilities and services that are necessary to accommodate heavy public use; (2) public access to the site is provided in a manner that fees can be collected effectively at centralized locations; (3) toilet facilities are regularly serviced and maintained; and (4) at least four of the following features -- designated developed parking, trash collection, permanent interpretative materials, picnic tables, or routine presence of agency personnel -- are contained on the site. Makes a prohibition on charging fees for educational outings conditional upon the outing being non-recreational, the students pursuing academic credit, and the Secretary providing prior approval for a fee waiver. Requires the Secretary concerned to determine a nationally consistent fee policy and rate structure for specified fees. Requires motorcycles or snowmobiles to be charged the same per-vehicle entrance fees as motor vehicles. Prohibits a combined transportation and entrance fee at an NPS unit from exceeding the entrance fees at other similar units. Allows a single day use fee to be charged for multiple concentrated public use sites located within one-half mile of each other. Designates the specific types of facilities and services for which an amenity fee may be charged at federal recreational lands or waters. Allows additional amenity fees to be charged at NPS or USFWS lands when a visitor uses facilities, equipment, or services that have not been specifically designated. Authorizes special recreation permits to be issued to fee-charging recreation service providers who conduct the following activities on Forest Service, BLM, Bureau of Reclamation, or USFWS lands or waters: (1) outfitting or guiding services; or (2) recreation or competitive events, including incidental sales. Allows issuance of a single permit, administered by one agency, to a service provider or for an event on lands managed by multiple agencies. Provides an exemption from requirements under the National Environmental Policy Act of 1969 for certain new special recreation permits issued for services that: (1) have been considered previously, (2) are similar to existing uses, or (3) are not inconsistent with approved uses. Requires guidelines regarding how recreation permit fees are established to be published in the Federal Register. Requires permit fee deductions to be provided to service providers for revenue from goods, services, or activities provided outside federal lands, including costs for transportation or lodging before or after a trip begins. Prohibits permit fees for outfitting, guiding, and other recreation services from exceeding 3% of the service provider's annual gross revenue for activities authorized by the permit, subject to applicable additions and exclusions. Requires the federal government to be compensated monetarily for issuing concession permits at BLM lands, with collected funds to be deposited in and distributed from the special FLREA accounts established in the Treasury for federal land management agencies. Requires establishment of a stewardship program for recreation service providers at Forest Service and BLM sites involving credit against permit fees in exchange for the performance of maintenance and resource protection work. Prohibits operation of visitor centers by private for-profit or non-profit organizations that would charge visitors a fee to access the center or a basic exhibit. Authorizes free admission or use days, but prohibits additional discounts except as provided by law. (Sec. 5) Revises procedures for public participation in the development or changing of recreation fees. Authorizes the Secretary concerned to: (1) publish notice in the Federal Register of any unit newly subject to fees; (2) allow at least 60 days for public comment after publishing information regarding the public comment process on agency and interagency websites, in local newspapers, at proposed and established collection points, on social media, and in publications distributed near the site; and (3) publish notice of a decision to implement a new or increased fee at least 120 days before implementation. (Currently, the Secretary is required to: [1] publish new recreation fee areas in the Federal Register six months before establishment, [2] publish in local newspapers notice of a new recreation fee or change to an existing fee, and [3] provide opportunity for public involvement before establishing a new fee area.) Authorizes solicitation of public comments at least every other year regarding how revenue should be expended at each unit. Requires the appropriate Secretary to provide for public comments 180 days before a new concession opportunity is offered by publishing notice in the Federal Register and soliciting comments. Removes the Secretaries' authority to establish or obtain input from recreational resource advisory committees. (Sec. 6) Restricts availability of the interagency America the Beautiful--the National Parks and Federal Recreational Lands Pass to make the pass available only to U.S. citizens and permanent residents. Allows the Secretaries to hold a competition (currently, the Secretaries are required to hold an annual competition) to select the image to be used on the pass. Requires the Secretaries to adjust the price of the pass once every three years to reflect the change in the Consumer Price Index for All Urban Consumers. Directs the Secretaries to report to Congress regarding how, where, and the extent to which passes are used. Prohibits establishment of unauthorized discount passes. Requires lifetime passes to be available without charge to veterans with service-connected disabilities and authorizes annual passes without charge to members of the Armed Forces. Directs the Secretaries to require concessionaires operating federally owned campgrounds and day use facilities to accept recreational passes issued under FLREA or the Land and Water Conservation Fund Act of 1965 to the extent that the appropriate Secretary can reimburse pass discounts to a concessionaire in whole or in part. (Sec. 7) Increases the portion of fee revenue that is retained for expenditure at the collection site from 80% to 90%. Requires notification to Congress whenever the collection site's allocation is reduced based on a determination that the revenues exceed the site's needs. (Sec. 8) Expands restrictions on expenditures at a specific site to require available amounts to be used for: (1) development and enhancement of existing recreation opportunities, (2) the direct benefit of visitors, and (3) capital construction costs associated with administering the recreation fee program. Prohibits fees from being used to limit visitor access, remove or close facilities except for replacement or updates, or acquire lands or waters. Limits fee revenues that may be used for overhead, administrative, and collection costs. (Sec. 9) Requires the Secretaries to develop and maintain cost accounting systems to track, manage, and report fee receipts and expenditures at each unit. Requires the Secretaries to compile annually by agency and display on each agency's website, as well as the interagency recreational lands website, a separate accounting of: (1) total fee revenues collected by type, (2) expenditures by project, (3) a description of how expenditures benefitted visitors, and (4) any new or changed fees. Replaces a requirement for a report to Congress every three years with a requirement to notify Congress annually of the updated accounting information available on those websites. Requires regular audits at fee collection units to account for collected funds and expenditures. (Sec. 10) Extends the Secretaries' authorities under FLREA through 2020. (Sec. 11) Allows waivers or discounts of day use or amenity fees in exchange for volunteer services. (Sec. 12) Requires any person within a site or area for which an entrance or a day use fee is charged to pay the relevant fee. Exempts passholders or volunteers from those fees. Requires a nontransferable receipt for payment of such a fee to remain valid for the person's reentry into the same site or area for at least one day. (Sec. 14) Prohibits a concession contract or permit for recreation services from being considered outside the scope of a labor standards exemption because the concessionaire or recreation service provider accepts a recreation pass or provides a discount under FLREA.